HomeMy WebLinkAbout5. PLN-16-00149 8530 FirestoneCityofDowney STAFF REPORT
PLANNING DIVISION
DATE: SEPTEMBER 7, 2016
TO: PLANNING COMMISSION
SUBMITTED BY: ALDO E. SCHINDLER, DIRECTOR O,FA /COMMUNITY DEVELOPMEN
REVIEWED BY: WILLIAM E. DAVIS, CITY PLANNER VVj�
PREPARED BY: KEVIN NGUYEN, ASSISTANT PLANNER
SUBJECT: PLN -16 -00149 (VARIANCE) - A REQUEST TO DEVIATE FROM
SECTION 9618.04 OF DOWNEY MUNICIPAL CODE TO EXCEED THE
MAXIMUM NUMBER OF ALLOWABLE WALL SIGNS
LOCATION: 8530 FIRESTONE BOULEVARD
ZONING: C -2 (GENERAL COMMERCIAL)
REPORT SUMMARY
PLN -16 -00149 is a request by Warehouse Shoe Sale (WSS) to deviate from the sign Code to
install two additional supplemental signs on their building. Downey Municipal Code Section
9618.04(a)(D) allows up to four supplemental signs for a business that has building frontage of
more than 150'. The subject business was previously approved with a primary wall sign and
three supplemental wall signs. After reviewing the materials and information submitted with the
Land Use Permit Application, staff recommends that the Planning Commission adopt the
following resolution:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY DENYING PLN -16 -00149 (VARIANCE) — A REQUEST TO
DEVIATE FROM SECTION 9618.04(a)(D) OF DOWNEY MUNICIPAL CODE
TO EXCEED THE MAXIMUM NUMBER OF ALLOWABLE SUPPLEMENTAL
WALL SIGN (4), FOR WAREHOUSE SHOE SALE (WSS) BUSINESS
LOCATED ON PROPERTY AT 8630 FIRESTONE BLVD, ZONED C -2
(GENERAL COMMERCIAL)
BACKGROUND
The commercial center is comprised of four (4) parcels, totaling 110,102 square feet. It is
located on the southeast corner of Firestone Boulevard and Brookshire Avenue. The site is
zoned C -2 (General Commercial) with a General Plan Land Use Designation of "General
Commercial ". The L- shaped subject site is currently improved with two (2) multi- tenant
commercial buildings and 149 parking spaces. Building 'A' is a 5,700 square foot structure that
includes two (2) restaurants and a UPS store. Building 'B' is a 20,040 square foot structure that
contains three (3) tenant spaces; however, WSS occupies two (2) of the three (3) spaces.
PC Agenda Page 1
The surrounding properties include Downey High School to the north (across from Firestone
Blvd), a multi- tenant commercial center to the east, Chase Bank exists on the opposite side of
Brookshire to the west, and a senior living facility borders the south side of the site.
Over the years, the City has granted other entitlements regarding this use on the subject site:
• On September 22, 2004, the Design Review Board (DRB) approved Case No. 04 -58, for
the architectural design, colors, and landscaping for the commercial center. On August
24, 2005, the DRB approved a revision to Case No. 04 -58, approving a Planned Sign
Program for the center;
• On September 7, 2005, the Planning Commission approved Zone Variance No. 2402,
allowing two tenants sign instead of one, on a monument sign;
• On January 7, 2009, the Planning Commission approved Planned Sign Program No. 08-
100, requesting to revise the existing sign program to allow additional wall signs for three
tenants, on Building 'B'; and,
• On February 3, 2016, the Planning Commission approved PLN -15- 00238, for a Revision
`A' to Planned Sign Program No. 08 -100, to allow a primary wall sign and three
supplemental signs for the WSS business.
On June 10, 2016, Ms. Sarah Withers, a representative for WSS, submitted a Land Use Permit
Application (PLN -16- 00149), requesting a variance to deviate from DMC Section 9618.04(a)(D)
to exceed the maximum allowable wall sign for the subject business. Staff completed its review
of the application on August 5, 2016, and deemed it complete. On August 25, 2016, staff mailed
notice of the pending public hearing to all property owners within 500 feet of the subject site and
the notice was published in the Downey Patriot.
DISCUSSION
The applicant states that WSS's standard sign package includes one (1) primary wall sign, five
(5) supplemental signs and a monument sign, which results in a hardship to the applicant as this
site only allows a total of four (4) supplemental signs by- right.
Section 9618.02 of the Downey Municipal Code (DMC) stipulates that "The allowable signs and
maximum sign area allowed by zone for on -site signs shall be as identified in Table 9.6.2 ". A brief
summary of allowable signs in commercial zones is described in Table 9.6.2 below:
Zone I Signs Allowed Maximum Signs Area
Awning, Freestanding, Hanging, The maximum sign area of all permit signs
C -1, C -2, C -3 Monument, Projecting, Temporary, for each individual business shall not exceed
Wall, and Exempt signs two and one - quarter (2.25) sq. ft. of area for
each lineal foot of building frontage
PLN -16 -00149 — 8530 Firestone Blvd
September 7, 2016 - Page 2
PC -Agenda a Page 2
In addition to the maximum sign area requirements established by Section 9618.02 above,
Section 9618.04 of the Code provides sign- specific standards for various signs allowed in the
City, including Section 9618.04 (a)(6), which provides standards for wall signs. The applicable
standard for the variance request is DMC Section 9618.04 (a)(6)(i)(D), which reads as follows:
(D) Building frontages in excess of one hundred fifty (150) feet may divide the supplemental
sign copy portion of the primary wall sign to a maximum four (4) sign areas on the same
building elevation, provided that the supplemental sign copy portions do not exceed twenty -
five (25) percent of all signing on the building elevation, and the combined area of all signs
on the building elevation does not exceed the maximum allowable area of the primary wall
sign.
WSS is approved to have a primary wall sign and three (3) supplemental signs under PLN -15-
00238. Recently, staff issued permits to replace their existing monument sign with a new WSS
monument sign that is totally occupied by WSS and not shared with the other tenant. These
signs comply with Sections 9618.02 (Signs by Zone) and 9618.04 (Sign- Specific Requirements)
of the sign regulations. The applicant is proposing a fourth and a fifth supplemental signs (Adidas
and Converse) on the subject building. A fourth supplemental sign is allowed under the Sign
Code, but the fifth sign is not. Allowing more than four supplemental signs conflict with DMC
Section 9618.04(a)(D).
In evaluating this request, staff cannot develop all of the six (6) findings that are necessary to
support a variance application (see Section 9826.08 Findings). For example, staff is unable to
support the finding because the applicant has not demonstrated any unique or extraordinary
circumstances to warrant approval of this request (Finding No. 1). The WSS tenant space has
150' of store frontage along Firestone Blvd. Its building is measured approximately 200' from
the street property line on Firestone Blvd. Staff has visited the site and found no unique
conditions or hardships at the site that are different from the neighboring properties. WSS has
adequate area at the front window to display a window sign without requiring a variance. The
City's Sign ordinance allows permanent window signs (Section 9612 — Exempt Signs) for up to
15% of total area of all windows. Based on the building's orientation, sign visibility, and sign
locations there are no circumstances that would differentiate this building and signs from other
tenants that warrant an increase in the number of permitted signs.
Also, granting this variance will confer to the applicant a special privilege that the Zoning
Ordinance denies to neighboring properties. A variance of the kind proposed has not been
granted to any of the properties in the vicinity of the project site; to do so would confer a right or
special privilege that is not available to other properties. Moreover, staff believes granting the
variance would set a poor precedent.
Finally, although DMC Section 9826 (Variances) provides a process for resolving practical
difficulties or undue physical hardships that may result from the unusual size, shape, dimension
of a site or the location of existing structures thereon, from geographic, exceptional topographic,
or other physical conditions on the site or in the immediate vicinity. It is staff's opinion that the
topographical features of the site are normal and there are no special conditions present to
justify approving PLN -16- 00149.
PLN -16 -00149 — 8530 Firestone Blvd
September 7, 2016 - Page 3
PC Agenda_ -Rag.e _3
DEVELOPMENT REVIEW COMMITTEE
The proposed project did not require a review from the Development Review Committee (DRC).
However, staff presented the proposed project to the Fire and Building & Safety Departments
for their recommendations and staff received no comments from them.
ENVIRONMENTAL ANALYSIS
Staff has reviewed the proposed use for compliance with the California Environmental Quality
Act (CEQA). Upon completion of this review, it has been determined that this project is
categorically exempt from CEQA, pursuant to Guideline Section No. 15305 (Class 5, Minor
Alterations in Land Use Limitations). Categorical Exemptions are projects, which have been
determined not to have a significant effect on the environment and have been exempted from
the requirements of CEQA. Class 5 consists of projects that involve no or negligible expansion
of the existing use.
FINDINGS
Municipal Code Section 9826.08 sets forth the findings required in order for the Planning
Commission to approve a Variance. After reviewing Municipal Code Section 9826.08 with
regards to the requested variance application, staff finds as follows:
That exceptional or extraordinary conditions or circumstances exist which are
peculiar to the land, structure, or building involved and which are not generally
applicable to other lands, structures or buildings in the same vicinity and zone.
The subject site is comprised of four parcels, totaling 110,102 square feet and is located
in the C -2 (General Commercial) zone. The subject site meets and exceeds all the
minimum requirements of the C -2 (General Commercial) zone and the existing shopping
center was developed lawfully through an approval from the City Design Review Board
(DRB). In reviewing other properties in the area, the subject building is of comparable
size to other buildings in the vicinity, which have wall signs that comply with the Code.
There are no exceptional or extraordinary conditions or conditions that are unusual to
the land, structure, or building involved, which are generally not applicable to other
lands, structures or buildings in the same vicinity or zone that would justify the
Applicant's request for an additional wall sign.
2. That the literal interpretation of the provisions of this article would deprive the
applicant of rights under the terms of this article commonly enjoyed by other
properties in the same vicinity and zone in which the property is located.
Granting the proposed variance would grant a special privilege to the applicant that has
not been granted to any of the properties in the vicinity of the project site.
3. That exceptional or extraordinary conditions or circumstances do not result from
the actions of the applicant.
By approving the requested variance, the Planning Commission would allow the
applicant to deviate from Section 9618.04(a)(D) of the Downey Municipal Code (DMC)
PLN -16 -00149 — 8530 Firestone Blvd
September 7, 2016 - Page 4
PC Agenda Page 4
allow for the installation of a fifth supplemental sign that would exceed the maximum
allowable of four supplemental signs for a business that has a building frontage of more
than 150', thus creating a special circumstance not granted to other commercial centers
of a similar size.
4. That granting the variance requested will not confer on the applicant any special
privilege that is denied by this chapter to other lands, structures, or buildings in
the same vicinity and zone in which the property is located.
Approving the variance will confer on the applicant a special privilege because, as
mentioned before, this same kind of variance has not been granted to neighboring
properties. Other commercial centers in the City have complied with the City's
development standards and have not requested sign variances.
5. The granting of such variance will be in harmony and not adversely affect the
General Plan of the City.
Approving the variance would be consistent with the General Plan provision that was
developed to attract and retain businesses and consumers in Downey. Program 9.3.1.1
of Policy 9.3 reads: "Encourage land uses that generate property tax and sale tax
revenue ". By allowing WSS to display additional signs to advertise their products, it
allows customers to make purchase in Downey instead of going to other Cities.
6. That the reasons set forth in the application justify the granting of the variance
and that the variance is the minimum variance that will make possible the
reasonable use of the land, building, or structure.
The reasons set forth in the application do not justify granting the requested variance
because approving the variance will allow the applicant to deviate from Section
9620.04 of Downey Municipal Code (DMC) allowing for the installation of additional wall
signs that will exceed the maximum number allowed.
CORRESPONDENCE
As of the date that this report was printed, staff has not received any correspondence regarding
this matter.
CONCLUSION
Based on the analysis contained in this report, Staff recommends the Planning Commission
deny PLN -16 -00149 (Variance), regarding the Applicant's request to deviate from Section
9618.04(a)(D) of the Downey Municipal Code to exceed the maximum number of allowable wall
signs for the subject business.
EXHIBITS
A. Vicinity Map & Site Photograph
B. Aerial Photograph & Zoning Map
C. Resolution
PLN -16 -00149 — 8530 Firestone Blvd
September 7, 2016 - Page 5
PC Agenda Page 5
Exhibit `A'
VICINITY MAP
SITE PHOTOGRAPH
PLN -16 -00149 — 8530 Firestone Blvd
September 7, 2016 - Page 6
PC Agenda Page 6
Exhibit'B'
AERIAL PHOTOGRAPH
ZONING MAP
PLN -16 -00149 — 8530 Firestone Blvd
September 7, 2016 - Page 7
PC Agenda Page 7
RESOLUTION NO. 16-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY DENYING PLN -16 -00149 (VARIANCE) — A REQUEST TO DEVIATE
FROM SECTION 9618.04(a)(D) OF DOWNEY MUNICIPAL CODE TO EXCEED
THE MAXIMUM NUMBER OF ALLOWABLE SUPPLEMENTAL WALL SIGN (4),
FOR WAREHOUSE SHOE SALE (WSS) BUSINESS LOCATED ON PROPERTY
AT 8530 FIRESTONE BLVD, ZONED C -2 (GENERAL COMMERCIAL)
THE PLANNING COMMISSION OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS:
SECTION 1. The Planning Commission of the City of Downey does hereby find,
determine and declare that:
A. Sarah Withers (Eurostar, Inc.), filed a Land Use Permit Application for approval
of a variance, to deviate from Downey Municipal Code Section 9618.04 to place
additional supplement signs on the Warehouse Shoe Sale business, on property
at 8530 Firestone Blvd, Downey, zoned C -2 (General Commercial);
B. On August 25, 2016, notice of the pending public hearing was sent to all Downey
property owners within 500 feet of the subject site and the notice was published
in the Downey Patriot.
C. The Planning Commission held a duly noticed public hearing on September 7,
2016 and after fully considering all oral and written testimony, facts, and opinions
offered at the aforesaid public hearing adopted this resolution.
SECTION 2. The Planning Commission further finds, determines and declares the
environmental impact of the proposed development has been reviewed and has been found to
be in compliance with the California Environmental Quality Act (CEQA) and is categorically
exempt from CEQA, pursuant to Guideline Section No. 15305 (Class 5, Minor Alterations in
Land Use Limitations), Existing Facilities.
SECTION 3. Having considered all of the oral and written evidence presented to it at
said public hearings, the Planning Commission further finds, determines and declares that:
A. That exceptional or extraordinary conditions or circumstances exist which
are peculiar to the land, structure, or building involved and which are not
generally applicable to other lands, structures or buildings in the same
vicinity and zone. The subject site is comprised of four parcels, totaling 110,102
square feet and is located in the C -2 (General Commercial) zone. The subject
site meets and exceeds all the minimum requirements of the C -2 (General
Commercial) zone and the existing shopping center was developed lawfully
through an approval from the City Design Review Board (DRB). In reviewing
other properties in the area, the subject building is of comparable size to other
buildings in the vicinity, which have wall signs that comply with the Code. There
are no exceptional or extraordinary conditions or conditions that are unusual to
the land, structure, or building involved, which are generally not applicable to
other lands, structures or buildings in the same vicinity or zone that would justify
the Applicant's request for an additional wall sign.
PC Agenda Page 8
Resolution No. 16-
Downey Planning Commission
B. That the literal interpretation of the provisions of this article would deprive
the applicant of rights under the terms of this article commonly enjoyed by
other properties in the same vicinity and zone in which the property is
located.
Granting the proposed variance would grant a special privilege to the applicant
that has not been granted to any of the properties in the vicinity of the project site.
C. That exceptional or extraordinary conditions or circumstances do not result
from the actions of the applicant.
By approving the requested variance, the Planning Commission would allow the
applicant to deviate from Section 9618.04(a)(D) of the Downey Municipal Code
(DMC) allow for the installation of a fifth supplemental sign that would exceed the
maximum allowable of four supplemental signs for a business that has a building
frontage of more than 150', thus creating a special circumstance not granted to
other commercial centers of a similar size.
D. That granting the variance requested will not confer on the applicant any
special privilege that is denied by this chapter to other lands, structures, or
buildings in the same vicinity and zone in which the property is located.
Approving the variance will confer on the applicant a special privilege because,
as mentioned before, this same kind of variance has not been granted to
neighboring properties. Other commercial centers in the City have complied with
the City's development standards and have not requested sign variances.
E. The granting of such variance will be in harmony and not adversely affect
the General Plan of the City.
Approving the variance would be consistent with the General Plan provision that
was developed to attract and retain businesses and consumers in Downey.
Program 9.3.1.1 of Policy 9.3 reads: "Encourage land uses that generate property
tax and sale tax revenue ". By allowing WSS to display additional signs to
advertise their products, it allows customers to make purchase in Downey instead
of going to other Cities.
F. That the reasons set forth in the application justify the granting of the
variance and that the variance is the minimum variance that will make
possible the reasonable use of the land, building, or structure.
The reasons set forth in the application do not justify granting the requested
variance because approving the variance will allow the applicant to deviate from
Section 9620.04 of Downey Municipal Code (DMC) allowing for the installation of
additional wall signs that will exceed the maximum number allowed.
SECTION 4. Based upon the findings set forth in Sections 1 through 3 of this
Resolution, the Planning Commission of the City of Downey hereby denies PLN -16 -00149
(Variance).
PLN -16 -00149 — 8530 Firestone Blvd
September 7, 2016 - Page 2
PC Agenda Page_.9
Resolution No. 16-
Downey Planning Commission
SECTION 5. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 7th day of September 2016.
Matias Flores, Chairman
City Planning Commission
I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Planning
Commission of the City of Downey at a regular meeting thereof held on the 7th day of September
2016, by the following vote, to wit:
AYES:
COMMISSIONERS:
NOES:
COMMISSIONERS:
ABSENT:
COMMISSIONERS:
ABSTAIN:
COMMISSIONERS:
Mary Cavanagh, Secretary
City Planning Commission
PLN -16 -00149 — 8530 Firestone Blvd
September 7, 2016 - Page 3
P+C_Agenda Pape 10