HomeMy WebLinkAbout2. PLN-16-00240 - 9449 ImperialSTAFF REPORT
PLANNING DIVISION
DATE: DECEMBER 7, 2016
TO: PLANNING COMMISSION
SUBMITTED BY: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMENT
REVIEWED BY: WILLIAM E. DAVIS, CITY PLANNER
PREPARED BY: DAVID BLUMENTHAL, PRINCIPAL PLANNER
SUBJECT: PLN-16-00240 (CONDITIONAL USE PERMIT) – A REQUEST TO
INSTALL AND OPERATE A NATURAL GAS FUEL CELL SYSTEM
LOCATION: 9449 IMPERIAL HWY
ZONING: M-2 (GENERAL MANUFACTURING) AND P-B (PARKING BUFFER)
REPORT SUMMARY
Bloom Energy is proposing to install and operate a 700-kilowatt natural gas fuel cell energy
system that will provide electricity to the Kaiser Orchard Office buildings. Based on the analysis
contained in this report, staff is recommending the Planning Commission adopt the following
titled resolution:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY APPROVING A CONDITIONAL USE PERMIT (PLN-16-00240),
THEREBY ALLOWING THE INSTALLATION AND OPERATION OF A
NATURAL GAS FUEL CELL ENERGY SYSTEM ON PROPERTY LOCATED
AT 9449 IMPERIAL HWY, ZONED M-2 (GENERAL MANUFACTURING) AND
P-B (PARKING BUFFER).
BACKGROUND
The subject site is a 9.32-acre rectangular-shaped parcel that is located on the northwest corner
of Imperial Hwy. and Bellflower Blvd. The site is currently improved with Kaiser’s Orchard
Medical Office Building Complex. This complex consists of four medical office buildings and a
parking structure. The size of each building is as follows:
Floor Area Stories
Building ‘A’ 51,808 s.f. 3
Building ‘B’ 59,348 s.f. 3
Building ‘C’ 78,370 s.f. 3
Building ‘D’ 88,475 s.f. 4
Parking Structure 248,160 s.f. 3 (4 levels)
Agenda Page 1
9449 Imperial Hwy – PLN-16-00240
December 7, 2016 - Page 2
In addition to the 738 parking spaces in the structure, there are 137 surface parking spaces on
the site. The Orchard Medical Office Complex provides a plethora of medical specialties, as well
as, urgent care and pharmacy services to Kaiser’s members. While this complex is adjacent to
Kaiser’s Downey Medical Center, it is on a separate property and is considered a separate
facility.
The property has a General Plan Land Use Designation of Mixed Use. The majority of the
parcel is zoned M-2 (General Manufacturing); however, the southern 50” (adjacent to Imperial
Hwy.) is zoned P-B (Parking Buffer).
View from Imperial Hwy and Bellflower Blvd
View of Parking Structure
To the west of the project is the Kaiser Downey Medical Center, a 352-bed hospital and 116,919
s.f. medical office building. The Kaiser Downey Medical Center has a General Plan Land Use
Designation of Mixed Use and is within the Downey Landing Specific Plan. To the north of the
site is an industrial use (truck equipment manufacturer) that has a General Plan Land Use
Designation of Mixed Use and is zoned M-2 (General Manufacturing). The east side of the site
is bounded by Bellflower Blvd. Across Bellflower is a variety of commercial and industrial uses.
This property has a General Plan Land Use Designation of Commercial Manufacturing and is
zoned C-M (Commercial Manufacturing). The south side of the site is bounded by Imperial
Hwy. Across Imperial Hwy. is a vacated parcel that was formerly a bank and fitness center.
Agenda Page 2
9449 Imperial Hwy – PLN-16-00240
December 7, 2016 - Page 3
This property has a General Plan Land Use Designation of Commercial Manufacturing and is
zoned C-2 (General Commercial).
On September 29, 2016, the applicant submitted a request for the Conditional Use Permit to
install and operate the fuel cells. The application was deemed incomplete due to missing
information on the project plans on October 25, 2016. On November 15, 2016, the applicant
submitted the remaining information needed to process the request to the City. Accordingly,
staff deemed the application complete on November 16, 2016.
On November 24, 2016, notice of the pending public hearing was published in the Downey
Patriot. Additionally, the notice was mailed to all property owners within 500’ of the subject site.
DISCUSSION
Fuel cells produce via a chemical reaction using natural gas, air and heat to create electricity.
Because this process is a chemical reaction, there is no combustion that generates typical
polluting exhaust. The fuel cells are secured in cabinets (see below).
Similar Fuel Cell System
The applicant proposal is to install and operate a 700-kilowatt system located in the courtyard
between buildings ‘A’ and ‘D’, facing Bellflower Blvd. The fuel cell system will be 7’ tall, 8’-6”
wide, and 45’ long. The fuel cells, along with the supplementary support equipment, will be
surrounded by a wrought iron fence. Staff is recommending a condition of approval requiring
the fence to be at least 7’ tall (10” is the maximum height allowed in the zone) to properly secure
the area. This new fence will not block any existing walkway or accessible path of travel. To
ensure the facility is not visible from Bellflower Blvd, a landscape screen is being proposed
along the eastern side of the system. Finally, the location of the system is not within a required
setback, nor will it reduce the available parking on the site.
The new energy system has been designed to accommodate the base energy needs for all four
medical office buildings. This system will operate parallel to the existing Southern California
Agenda Page 3
9449 Imperial Hwy – PLN-16-00240
December 7, 2016 - Page 4
Edison (SCE) electrical grid; thereby allowing SCE to accommodate additional energy needs
above the fuel cell capacity; as well as, providing the full electricity if the fuel cells shut down.
During a power outage, the fuel cells will also shut down for safety. Should this occur, Kaiser
will rely on their existing emergency generator.
DEVELOPMENT REVIEW COMMITTEE
The City’s Development Review Committee reviewed the project on October 20, 2015. The
operation of the facility and proposed location was discussed. No significant issues were
identified.
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 request is
categorically exempt from CEQA, pursuant to Guideline Section No. 15329 (Class 29,
Cogeneration Projects at Existing Facilities). 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 29 consists of installation of cogeneration equipment,
such as the fuel cell system, with a capacity of 50 megawatts or less at existing facilities.
Inasmuch as the medical office buildings are not being expanded and the system is only 700
kilowatts, staff feels that this request qualifies for this exemption.
FINDINGS
Pursuant to Municipal Code Section 9824.06, there are four (4) findings that must be adopted
prior to the Planning Commission approving the Conditional Use Permit. A discussion of the
findings follows:
A. The requested Conditional Use Permit will not adversely affect the purpose and
intent of the Zoning Code or the City’s General Plan or the public convenience or
general welfare of persons residing or working in the neighborhood thereof.
The subject site has a General Plan Land Use Designation of Mixed Use and is within
the M-2 (General Manufacturing) zone. Both the General Plan and Zoning Code are
designed to allow development of private property, while reducing potential impacts to
surrounding properties. The installation and operation of the natural gas fuel cell will
help Kaiser meet necessary energy needs, while reducing their reliance on the existing
electrical grid. Furthermore, this system generates little to no emissions, thus reducing
impacts on neighboring properties and the community as a whole. For these reasons,
staff believes the approval of this project is consistent with the goals, policies, programs,
and land uses of all applicable elements of the General Plan.
B. The requested use will not adversely affect the adjoining land uses and the growth
and development of the area in which it is proposed to be located.
The subject site is located within a fully developed area of the City, with little to no
vacant properties in the immediate area. More specifically, the surrounding properties
are improved with either manufacturing and/or commercial developments. Staff has
reviewed the request and is of the opinion that the proposed development is designed in
a manner that will not affect the ability of the surrounding properties to grow and/or
Agenda Page 4
9449 Imperial Hwy – PLN-16-00240
December 7, 2016 - Page 5
develop. Notwithstanding this, staff has recommended several conditions of approval,
which will serve to mitigate any potential impacts on the neighboring properties.
C. The size and shape of the site proposed for the use is adequate to allow the full
development of the proposed use in a manner not detrimental to the particular
area.
The subject site is an approximate 9.32-acre lot and is fully improved with an existing
medical office complex and parking structure. The proposed fuel cell system will be
located in a center courtyard, outside of the required setbacks and parking areas. It is
staff’s opinion that this approval will allow the operation of the use in a manner not
detrimental to the particular area.
D. The traffic generated by the proposed use will not impose an undue burden upon
the streets and highways in the area.
This facility is an unmanned fuel cell system that will only require occasional vehicle trips for
maintenance and repair. No additional traffic will be generated by the operation of the
system on the site, thus there will be no undue burden on the streets or highways in the
area.
CORRESPONDENCE
As of the date that this report was printed, staff has not received any correspondence regarding
this application.
CONCLUSION
Based on the analysis contained within this report, staff is concluding that the proposed project
is consistent with the goals and intent of the General Plan and Zoning Code. Furthermore, staff
believes that all findings required for approving a Conditional Use Permit can be made in a
positive manner. As such, staff is recommending that the Planning Commission approve the
Conditional Use Permit (PLN-16-00240), subject to the recommended conditions of approval.
EXHIBITS
A. Maps
B. Draft Resolution
C. Project Plans
Agenda Page 5
9449 Imperial Hwy – PLN-16-00240
December 7, 2016 - Page 6
MAPS
Location
Aerial Photograph
Agenda Page 6
RESOLUTION NO. _________
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY APPROVING A CONDITIONAL USE PERMIT (PLN-16-00240),
THEREBY ALLOWING THE INSTALLATION AND OPERATION OF A
NATURAL GAS FUEL CELL ENERGY SYSTEM ON PROPERTY LOCATED
AT 9449 IMPERIAL HWY, ZONED M-2 (GENERAL MANUFACTURING) AND
P-B (PARKING BUFFER).
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. On September 29, 2016, the applicant submitted a request for the Conditional Use
Permit to install and operate the fuel cells on the site. Due to missing information on the
project plans, staff deemed the application incomplete; and,
B. On November 15, 2016, the applicant submitted the remaining information needed to
complete the application. Accordingly, staff deemed the application complete on
November 16, 2016; and,
C. On November 24, 2016, notice of the pending application was published in the Downey
Patriot and mailed to all property owners within 500' of the subject site; and,
D. The Planning Commission held a duly noticed public hearing on December 7, 2016, and
after fully considering all oral and written testimony and facts and opinions offered at the
aforesaid public hearing adopted this resolution.
SECTION 2. The Planning Commission further finds, determines and declares it has
reviewed the project for compliance with the requirements of the California Environmental
Quality Act. Based on its own analysis and consideration, it was found that the project is
categorically exempt from CEQA, pursuant to Guideline Section No. 15329 (Class 29,
Cogeneration Projects at Existing Facilities). The Planning Commission finds the project is
located on an site with existing medical office buildings and is less than 50 megawatts.
SECTION 3. Having considered all of the oral and written evidence presented to it at
said public hearing regarding the Conditional Use Permit, the Planning Commission further
finds, determines and declares that:
1. The requested Conditional Use Permit will not adversely affect the purpose and intent of
the Zoning Code or the City’s General Plan or the public convenience or general welfare
of persons residing or working in the neighborhood thereof. The subject site has a
General Plan Land Use Designation of Mixed Use and is within the M-2 (General
Manufacturing) zone. Both the General Plan and Zoning Code are designed to allow
development of private property, while reducing potential impacts to surrounding
properties. The installation and operation of the natural gas fuel cell will help Kaiser
meet necessary energy needs, while reducing their reliance on the existing electrical
grid. Furthermore, this system generates little to no emissions, thus reducing impacts on
neighboring properties and the community as a whole. For these reasons, approval of
Agenda Page 7
Resolution No. 16-_________
Downey Planning Commission
9449 Imperial Hwy – PLN-16-00240
December 7, 2016 - Page 2
this project is consistent with the goals, policies, programs, and land uses of all
applicable elements of the General Plan.
2. The requested use will not adversely affect the adjoining land uses and the growth and
development of the area in which it is proposed to be located. The subject site is within
a fully developed area of the City, with little to no vacant properties in the immediate
area. More specifically, the surrounding properties are improved with either
manufacturing and/or commercial developments. The proposed development is
designed in a manner that will not affect the ability of the surrounding properties to grow
and/or develop. Notwithstanding this, several conditions of approval have been
included, which will serve to mitigate any potential impacts on the neighboring
properties.
3. The size and shape of the site proposed for the use is adequate to allow the full
development of the proposed use in a manner not detrimental to the particular area.
The subject site is an approximate 9.32-acre lot and is fully improved with an existing
medical office complex and parking structure. The proposed fuel cell system will be
located in a center courtyard, outside of the required setbacks and parking areas. This
approval will allow the operation of the use in a manner not detrimental to the particular
area.
4. The traffic generated by the proposed use will not impose an undue burden upon the
streets and highways in the area. This facility is an unmanned fuel cell system that will
only require occasional vehicle trips for maintenance and repair. No additional traffic will be
generated by the operation of the system on the site, thus there will be no undue burden on
the streets or highways in the area.
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 approves the Conditional Use Permit
(PLN-16-00240), subject to conditions of approval attached hereto as Exhibit A, which are
necessary to preserve the health, safety and general welfare of the community and enable the
Planning Commission to make the findings set forth in the previous sections. The conditions
are fair and reasonable for the accomplishment of these purposes.
[signatures on next page]
Agenda Page 8
Resolution No. 16-_________
Downey Planning Commission
9449 Imperial Hwy – PLN-16-00240
December 7, 2016 - Page 3
SECTION 5. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 7th day of December, 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
December, 2016, by the following vote, to wit:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
Mary Cavanagh, Secretary
City Planning Commission
Agenda Page 9
Resolution No. 16-_________
Downey Planning Commission
9449 Imperial Hwy – PLN-16-00240
December 7, 2016 - Page 4
EXHIBIT A
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT (PLN-16-00240)
PLANNING
1) The approval of this Conditional Use Permit (PLN-16-00240) allows for the installation
and operation of a natural gas fuel cell energy system on the subject site. Said fuel cell
system shall be installed in the courtyard between Building ‘A’ and Building ‘D’, as noted
on the approved site plan.
2) Approval of this Conditional Use Permit (PLN-16-00240) shall not be construed to mean
any waiver of applicable and appropriate zoning regulations, or any Federal, State,
County, and City laws and regulations. Unless otherwise expressly specified, all other
requirements of the City of Downey Municipal Code shall apply.
3) The Owner/Applicant agrees, as a condition of approval of this resolution, to indemnify,
defend and hold harmless, at Applicant's expense, City and City's agents, officers and
employees from and against any claim, action or proceeding commenced within the time
period provided in Government Code Section 66499.37 to attack, review, set aside, void
or annul the approval of this resolution, to challenge the determination made by City
under the California Environmental Quality Act or to challenge the reasonableness,
legality or validity of any condition attached hereto. City shall promptly notify Applicant of
any such claim, action or proceeding to which City receives notice, and City will
cooperate fully with Applicant in the defense thereof. Applicant shall reimburse the City
for any court costs and attorney's fees that the City may be required to pay as a result of
any such claim, action or proceeding. City may, in its sole discretion, participate in the
defense of any such claim, action or proceeding, but such participation shall not relieve
Applicant of the obligations of this condition.
4) The City Planner is authorized to make minor modifications to the approved preliminary
plans or any of the conditions if such modifications shall achieve substantially the same
results as would strict compliance with said plans and conditions.
5) The fuel cells shall be enclosed by a wrought iron fence. Said fence shall have a
minimum height of seven feet and maximum height of ten feet.
6) A landscape hedge shall be planted and maintained on the east side of the fenced
enclosure. The intent of this hedge is to fully screen the fuel cells from Bellflower Blvd.
The type, spacing, and size of the landscaping used shall be reviewed and approved by
the City Planner prior to the issuance of building permits.
7) Any graffiti applied to the facility shall be removed within 48 hours.
8) The applicant shall comply with the art in public places requirements set forth in Downey
Municipal Code 8950 et seq. This shall include payment of all required fees prior to the
issuance of building permits. Should the applicant exercise their right to install public art
on site, the public art application (including payment of all deposits) shall be submitted
prior to the issuance of building permits.
Agenda Page 10
Resolution No. 16-_________
Downey Planning Commission
9449 Imperial Hwy – PLN-16-00240
December 7, 2016 - Page 5
BUILDING
9) All construction shall comply with the most recent version of the California Building
Code, as adopted by the City of Downey.
10) Prior to the commencement of construction, the applicant shall obtain all required
permits. Additionally, the applicant shall obtain all necessary inspections and permits
final prior to occupancy of the units.
FIRE
11) All construction shall comply with the most recent version of the California Fire Code, as
adopted by the City of Downey.
Agenda Page 11
ENGINEER OF RECORD
FARMAN SHIR, P.E.
LICENSE # C63868
19000 MacArthur Blvd., Suite 250
Irvine, CA 92612
t: 949 296 0450 f: 949 296 0479
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ENGINEER OF RECORD
FARMAN SHIR, P.E.
LICENSE # C63868
19000 MacArthur Blvd., Suite 250
Irvine, CA 92612
t: 949 296 0450 f: 949 296 0479
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Agenda Page 15