HomeMy WebLinkAboutPC Resolution 16-3009RESOLUTION NO. 16-3009
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:
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
Resolution No. 16-3009
Downey Planning Commission
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.
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9449 Imperial Hwy — PLN -16-00240
December 7, 2016 - Page 2
Resolution No. 16-3009
Downey Planning Commission
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.
9449 Imperial Hwy — PLN -16-00240
December 7, 2016 - Page 5
Resolution No. 16-3009
Downey Planning Commission
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:
Flores, Rodriguez, Morales, Lujan
NOES:
COMMISSIONERS:
None
ABSENT:
COMMISSIONERS:
Owens
ABSTAIN:
COMMISSIONERS:
None f "1
Mary Cavanagh, Secretary
City Planning Commission
9449 Imperial Hwy — PLN -16-00240
December 7, 2016 - Page 3
Resolution No. 16-3009
Downey Planning Commission
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.
9449 Imperial Hwy — PLN -16-00240
December 7, 2016 - Page 4