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HomeMy WebLinkAbout5. PLN-16-00015 7405-7435 FlorenceSTAFF REPORT PLANNING DIVISION DATE: MAY 17, 2017 TO: PLANNING COMMISSION SUBMITTED BY: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMENT REVIEWED BY: DAVID BLUMENTHAL, PRINCIPAL PLANNER PREPARED BY: GUILLERMO ARREOLA, SENIOR PLANNER SUBJECT: PLN-16-00015 – A MODIFICATION TO THE EXISTING PLANNED SIGN PROGRAM (DR-83-2) LOCATION: 7405-7435 FLORENCE AVENUE ZONING: C-2 (GENERAL COMMERCIAL) AND P-B (PARKING BUFFER) REPORT SUMMARY The proposed Land Use Permit Application (PLN-16-00015) is a request from Robert May, PS Services on behalf of North Saratoga Plaza Investments, Inc., (hereinafter referred to as “Applicant”) to modify the previously approved planned sign program for a multi-tenant commercial center regarding the number, location, and design of new signs proposed by the applicant. Based on the analysis contained within 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 PLN-16-00015 (REVISION TO PLANNED SIGN PROGRAM NO. DR-83-2), REGARDING THE LOCATION AND DESIGN OF SIGNS FOR THE SARATOGA PLAZA CENTER AT 7405-7435 FLORENCE AVENUE, AND ZONED GENERAL COMMERCIAL (C-2) AND PARKING BUFFER (P-B) BACKGROUND The commercial center is located at 7405-7435 Florence Avenue and measures 23,559 square feet in area, at the northeast corner of Florence Avenue and Tecum Road. The subject site is developed with two commercial buildings, 92 parking spaces and shares vehicular access with the adjacent corner property, developed with Gloria’s Restaurant; however, there is no shared parking between the two properties. Building ‘A’ measures 13,089 square feet in area and includes eleven (11) tenant spaces and Building ‘B’ measures 10,360 square feet in area and includes seven (7) tenant spaces. Building ‘A’ includes four tenant spaces that do not have the ability to provide wall signage, as they are located in the hallway between the two buildings. The site is zoned C-2 (General Commercial), with a sixty-foot deep frontage along Florence Avenue zoned P-B (Parking Buffer), and a General Plan Land Use Designation of Neighborhood PC Agenda Page 1 Planned Sign Program (PLN-16-00015) May 17, 2017 - Page 2 Commercial (NC). The site is located in a commercially zoned area, but abuts a mixture of different uses. North of the site, the area is developed with a single-family residential neighborhood. To the east, the property is developed with a church. To the west and south, the areas are developed with commercial developments. General Plan, Zoning and Existing Land Use General Plan Zoning Existing Use Subject Site Neighborhood Commercial C-2/P-B Shopping Center North Low Density Residential R-1 7,500 Single-Family Dwelling Units South Neighborhood Commercial C-2 Commercial Shopping Center East Neighborhood Commercial C-2/P-B Church West Neighborhood Commercial C-2/P-B Commercial Shopping Center On August 23, 1995, the Design Review Board approved Planned Sign Program DR-83-02, which allowed the placement of cabinet signs for each tenant space and a freestanding sign. The sign program allowed the placement of the existing freestanding sign that advertises the “Saratoga Plaza” shopping center, conventional a cabinet wall sign for each tenant. The existing freestanding sign is located within the existing landscape planter, approximately 85-feet from the west property line and 140-feet from the east property line. On January 26, 2016, the applicant, Robert May, a representative for North Saratoga Investments, owners of Saratoga Plaza, submitted a Land Use Permit Application (PLN-16-00242), requesting to modify the previously approved Planned Sign Program No. DR 83-2 regarding the number and design of the signs at the commercial center. Staff worked with the applicant regarding the required revisions, and after a numerous revisions, the applicant submitted a set of revised plans March 9, 2017. Staff deemed the application complete on March 23, 2017. On May 4, 2017, 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/ANALYSIS Saratoga Plaza is proposing to modify their existing sign program, which currently allows cabinet signs. The applicant is proposing to change the allowable wall signage from cabinet signs to internally illuminated, channel letter signs. The site is also presently improved with one freestanding sign; however, the applicant proposes to demolish the sign, and install two new freestanding signs in order to provide additional signage opportunities for the tenants of the plaza. 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 Signs Allowed Maximum Signs Area C-1, C-2, C- 3 Awning, Freestanding, Hanging, Monument, Projecting, Temporary, Wall, and Exempt signs The maximum sign area of all permit signs for each individual business shall not exceed two and one-quarter (2.25) sq. ft. of area for each lineal foot of building frontage PC Agenda Page 2 Planned Sign Program (PLN-16-00015) May 17, 2017 - Page 3 There is a combined total of 344 lineal feet of building frontage for Buildings A and B, which equates to 773 square feet of maximum sign area permitted for all combined signs in the shopping center. This means that when the square footage of all of the permitted signs in the shopping center is added, the maximum square footage may not exceed 773 square feet. The sign program will regulate the following types of signs:  Wall Signs  Freestanding Signs All other signs, such as directional signs, shall be regulated by the Downey Municipal Code. Wall Signs As stated previously, the current sign program only permits cabinet wall signs. The proposed planned sign program will phase out the current cabinet signs in exchange for internally illuminated channel letter signs. The maximum copy per tenant will not exceed 1.5 square feet per lineal foot of tenant space, nor exceed 75% of the tenant space width. Logos shall be limited to no more than 25% of the total copy area. If tenant space changes in size, either through consolidation or through the splitting of an existing tenant space, the applicant has included a provision that requires all signage to be centered over each tenant space. Design The applicant has indicated that tenants will be allowed to choose the font and logo, so long as they comply with the development standards of the planned sign program, and that each sign comply with the following: Component Type Specification Color/Finish Face Acrylic Natural Gloss Finish Tenant’s Choice Logo Graphics  Vinyl graphics  ½” trim cap  4” Deep aluminum returns  Acrylic or Routed Aluminum Logo Face Tenant’s Choice Trim cap 1” metal core Gloss Finish Bronze Returns 0.063 aluminum Painted Bronze Illumination LED w/ Tape Backs Sloan LEDs White Each internally illuminated, channel letter sign will include a maximum projection of five-inches from the wall face, and raceways will not be permitted. The planned sign program gives each tenant the flexibility and individuality to design their own signage, while at the same time using uniform trim caps, returns, illumination. Freestanding Signs Saratoga Plaza is currently improved with a single freestanding sign which advertises the center’s name. The applicant is proposing to replace the current freestanding sign with two freestanding signs, which according to the applicant, will allow Saratoga Plaza to provide sign space for most of the tenants in the shopping center, while at the same time, replacing an outdated freestanding sign with a more modern sign design. PC Agenda Page 3 Planned Sign Program (PLN-16-00015) May 17, 2017 - Page 4 Section 9618.04 provides specific standards for freestanding signs, such as location, minimum lot width to install a freestanding sign, minimum distance to a property line, minimum distance to another freestanding sign, and maximum height based on the distance to a front property line. The following chart provides the requirements, and whether the sign(s) complies: Standard Requirement Proposed Complies Maximum Sign Area 54.5 sq. ft. PS 1 – 49.5 sq. ft. PS 2 – 49.5 sq. ft. Yes Maximum Height 22.5 ft. PS 1 – 20 ft. PS 2 – 20 ft. Yes Maximum Number of Signs 2 2 Yes Minimum Separation between Signs 100 ft. 133 ft. Yes Minimum Setback Requirements - Interior side 50 ft. PS 1 – 52 ft. Yes PC Agenda Page 4 Planned Sign Program (PLN-16-00015) May 17, 2017 - Page 5 property line - From a residential zone 75 ft. PS 2 – 38 ft. Approximately 270 ft. No Yes Landscape Requirements - Landscape Planter - Sign Support Structure 80 sq. ft. 1,126 sq. ft. Yes The proposed freestanding signs comply with the development standards for freestanding signs, with the exception of the minimum distance of 50-feet to an interior property line. The easterly freestanding sign is located only 37-feet from the side property line. The purpose for the proposed location is to take advantage of an existing three-foot wide landscape planter. Creating an additional landscape planter would reduce on-site parking availability, and presently, the property complies with the 92 parking spaces required of the current commercial uses. The westerly freestanding sign is to be located 52-feet from the west property line, within a 4-foot wide landscape planter, and complies with the minimum 50-foot required setback to an interior property line. Both freestanding signs are proposed at 20-feet in height, less than the maximum allowed height of 22.5-feet permitted based on the proposed distance of five-feet to the front property line. Staff believes that the free standing signs are in proportion to the existing commercial buildings, as they measure approximately 20-feet to the top of the parapet walls. Furthermore, a distance of 133-feet will be maintained between the two freestanding signs, 33-feet greater than the minimum requirement of 100-feet. Staff feels that the additional 33-foot separation will prevent the site from looking cluttered with signage. The two proposed freestanding signs will include individual cabinets for up to six (6) tenants each, with the “Saratoga Plaza” name on top of each sign. The cabinets measure one-foot, two-inches in height, with a width of six-feet (7 square feet of available sign area), and three (3) inches in between each cabinet. The top cabinet will be centrally located and measure five-feet, six-inches by one-foot (5.5 square feet total), and will include the “Saratoga Plaza” shopping center name. Each freestanding sign will include 42 square feet of tenant sign area, and a combined 95 square feet of total sign area, which includes the “Saratoga Plaza” name above each sign. Design The freestanding signs will include a modern design, with individual cabinets for each tenant, and the shopping center name at the top of the freestanding signs. The sign structures will be made of fabricated aluminum, with angle framing and cladding, and a tex-coat finish. The pole portion of the sign will include an off-white Sherwin-Williams SW 7008 Alabaster color, matching the lighter color of the two-toned commercial building, while the cabinets will include a Sherwin-Williams SW 6080 Utterly Beige color, to match the darker portion of the building. The lettering will be routed aluminum with push-thru acrylic lettering. Each cabinet will be internally illuminated (fluorescent lamps), and only the letters will be visible at night, as the cabinets will be painted, creating an opaque background. Signs with routed-out, push through signage, and opaque backgrounds reduce the amount of glare typically associated with cabinet signs, as lighting is limited to only the letter portion of the sign. PC Agenda Page 5 Planned Sign Program (PLN-16-00015) May 17, 2017 - Page 6 The proposed free standing signs will conform to the following specifications: Description Specification/Material Finish Color Pylon Cabinets .090 Aluminum Tex-Coat To Match Building Center Name Routed-out Aluminum Show-Thru To Match Building Center Copy 1/2” Acrylic Push-Thru Gloss White #RH 7328 Pole Cover .125 Aluminum Tex-Coat SW 7008 Alabaster Tenant Panels .090 Aluminum Painted SW 6080 Utterly Beige Tenant Copy 1/2” Acrylic Push-Thru Gloss Clear #RH 0000 Copy Background 3/16” Acrylic Gloss White #RH 2447 Tenant Graphics 3M – 3630 Vinyl Translucent To Match Client Specs Illumination Fluorescent Lamps T12 High Output Daylight All Signs All signs installed on the subject property must comply with the Downey Municipal Code and the Planned Sign Program for this center; therefore, staff applied Section 9610.04 (b) as a means for the applicant to reduce the 50-foot setback required from internal property lines, which allows the property owners to install two freestanding signs instead of only one, within the parameters of the Code. Section 9610.04 (b), which allows the Planning Commission to approve deviations from the Sign Code, provided that the total area does not exceed the maximum signage allowed for this center. Staff reasoned that the applicant could deviate from the Sign Code and have the freestanding sign located less than the required 50-foot distance to an interior property line, as the property is located adjacent to a site that is not residentially developed, and would not be negatively impacted by the proposed sign location. The proposed location also allows the property owner to take advantage of the existing landscape planter and not have to remove parking spaces to accommodate the proposed freestanding sign. In addition, the proposed total signage area for all signs permitted at the Saratoga Shopping Center does not exceed 773 square feet. Staff analyzed the proposed signs for the Saratoga Shopping Center and determined that the total proposed sign area for all wall signs (515.25 square feet) and freestanding signs (95 square feet) is 610.25 square feet, well below the allowable 773 square feet. As each new tenant occupies a tenant space, they will be required to remove the existing cabinet signs and replace them with signs that comply with the development standards listed in the Planned Sign Program. Additionally, the property owner will be responsible for removing all cabinet and nonconforming signs within three years of the approval of the planned sign program. The Planned Sign Program requires all tenants receive written landlord approval prior to plan submittal to the City of Downey. DEVELOPMENT REVIEW COMMITTEE The proposed project did not require a review from the Development Review Committee (DRC). ENVIRONMENTAL ANALYSIS Staff has reviewed the proposed use in compliance with the California Environmental Quality Act (CEQA) Guidelines and determined that it is categorically exempt from CEQA, pursuant to Guideline Section No. 15311 (Class 11, Accessory Structures). Categorical Exemptions are projects which have been exempted from the requirements of the CEQA because they do not have a significant effect on the environment. PC Agenda Page 6 Planned Sign Program (PLN-16-00015) May 17, 2017 - Page 7 FINDINGS Pursuant to Municipal Code Section 9610.06, there are six (6) findings that must be adopted prior to the Planning Commission approving a Planned Sign Program. A discussion of the findings follows: 1. The proposed sign is permitted within the zone and it complies with all applicable provisions of this chapter, the General Plan, and any other applicable standards. The subject commercial property is located within the C-2 (General Commercial) and P- B (Parking Buffer) zones, which permits wall signs, freestanding signs, and monument signs. While the Sign Code requires a minimum 50-foot separation between the interior property line and a freestanding sign, Section 9610.04 allows for deviations from the Sign Code standards, so long as the total proposed sign area does not exceed the total sign area allowed. The total allowable signage for the site is 773 square feet. The total signage proposed does not exceed 610.25 square feet. The proposed modification to the Planned Sign Program will comply with all the applicable provisions of Chapter 6 (Signs) of the Zoning Code, including the allowance for the Planning Commission to allow deviations to the location of freestanding signs. 2. The sign(s) are in proper proportion to the structure or site on which it is located. The site measures 224.22 feet in width. The Sign Code allows properties with continuous street frontages of 150’ or greater to have up to two freestanding signs. The proposed freestanding sign is to be located 37-feet from the interior property line and will take advantage of existing landscape planter, which won’t necessitate the need to remove parking from the site. Both the proposed internally illuminated, channel letter signs and freestanding signs will be in proper proportion to the building façades of the subject tenant spaces. The proposed freestanding signs measure 20-feet in height, proportional to the existing commercial buildings, which measure approximately 20-feet to the top of the parapet walls. The design of the new signs will enhance the site and all existing cabinet signs will be removed within three years of the approval date of the planned sign program. 3. The sign materials, color, texture, size, shape, height, and placement are compatible with the design of the structure(s), property, and neighborhood of which it is a part. The proposed wall signs will include LED, internally illuminated channel letters. Staff believes that the size and height have been found to be compatible with the existing commercial buildings and enhance the existing commercial buildings by replacing outdated cabinet signs. The planned sign program will allow flexibility in regards to the font and color or each channel letter sign; however, they will all include matching returns, trim caps, maximum projections, and the same internal illumination intensity. The 20-foot freestanding signs will be located along Florence Avenue, and will include routed-out, push through lettering with opaque backgrounds, which will limit the glare typically associated with cabinet signs with non-opaque backgrounds. The neighborhood is commercially developed, and both the height and location of the freestanding signs or the sign illumination will not negatively impact the surrounding businesses. 4. The sign’s illumination is at the lowest reasonable level as determined by the City Planner, which ensures adequate identification and readability, and is directed solely at the sign or is internal to it. PC Agenda Page 7 Planned Sign Program (PLN-16-00015) May 17, 2017 - Page 8 The proposed internally illuminated channel letter signs will be internally illuminated with LED illumination. The signage on the proposed freestanding signs will include individual, opaque cabinets, with routed out, push through lettering, with fluorescent illumination that will illuminate only the letters, and will thus reduce the amount of illumination and glare typically associated with cabinet signs. 5. The sign(s) are not detrimental to the public interest, health, safety, or welfare. All new signage are set at a sufficient height and/or location such that they will not create a detrimental impact to the public interest, health, safety, and/or welfare. 6. The sign complies with Section 9624, Lighting and Design Standards. All signs on site are internally illuminated and are set a sufficient height and location to comply with Downey Municipal Code Section 9624. Furthermore, the use of LED lighting will reduce power consumption. 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 within this report, the proposed revision to a Planned Sign Program will create aesthetically pleasing identification for the buildings. The proposed signs will not create a significant adverse impact to the surrounding area. Furthermore, all six (6) findings required to approve a Revision to a Planned Sign Program can be made in a positive manner. As such, staff recommends that the Planning Commission approve PLN-16-00015 (Revision to Planned Sign Program No. DR-83-2), subject to the conditions of approval. EXHIBITS A. Vicinity Map & Site Photograph B. Aerial Photograph & Zoning Map C. Draft Resolution D. Planned Sign Program PC Agenda Page 8 Planned Sign Program (PLN-16-00015) May 17, 2017 - Page 9 Exhibit ‘A’ Vicinity Map Site Photograph PC Agenda Page 9 Planned Sign Program (PLN-16-00015) May 17, 2017 - Page 10 Exhibit ‘B’ Aerial Photograph Zoning Map SUBJECT PROPERTY Subject Site PC Agenda Page 10 RESOLUTION NO. ______ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING PLN-16-00015 A REVISION TO PLANNED SIGN PROGRAM NO. DR-83-2), REGARDING THE LOCATION AND DESIGN OF SIGNS FOR THE SARATOGA PLAZA CENTER AT 7405-7435 FLORENCE AVENUE, AND ZONED GENERAL COMMERCIAL (C-2) AND PARKING BUFFER (P-B) 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 August 23, 1995, the Design Review Board (DRB) approved Case No. DR- 83-2, for a planned sign program for the commercial center; and, B. On January 26, 2016, a Land Use Application (PLN 16-00015) was filed by Mr. Robert May with PS Services (authorized agent for North Saratoga Investments), Inc.), requesting approval of PLN-16-00015 (Revision to Planned Sign Program No. DR-83-2) for the location and design of signs within the existing multi-tenant commercial center; and, C. On March 9, 2017, the applicant submitted a revised set of plans, and on March 23, 2017 the application was deemed complete. H. On May 4, 2017, notice of the pending public hearing was sent to all property owners within 500’ of the subject site and the notice was published in the Downey Patriot; and, I. The Planning Commission held a duly noticed public hearing on May 17, 2017, 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 comply with the California Environmental Quality Act (CEQA) and is categorically exempt from CEQA, pursuant to Guideline Section No. 15311 (Class 11, 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. The proposed sign is permitted within the zone and it complies with all applicable provisions of this chapter, the General Plan, and any other applicable standards. The subject commercial property is located within the C-2 (General Commercial) and P-B (Parking Buffer) zones, which permits wall signs, freestanding signs, and monument signs. While the Sign Code requires a minimum 50-foot separation between the interior property line and a freestanding sign, Section 9610.04 allows for deviations from the Sign Code standards, so long as the total PC Agenda Page 11 Resolution No. Downey Planning Commission PLN-16-00015 (Planned Sign Program) May 17, 2017 - Page 2 proposed sign area does not exceed the total sign area allowed. The total allowable signage for the site is 773 square feet. The total signage proposed does not exceed 610.25 square feet. The proposed modification to the Planned Sign Program will comply with all the applicable provisions of Chapter 6 (Signs) of the Zoning Code, including the allowance for the Planning Commission to allow deviations to the location of freestanding signs. B. The sign is in proper proportion to the structure or site on which it is located. The site measures 224.22 feet in width. The Sign Code allows properties with continuous street frontages of 150’ or greater to have up to two freestanding signs. The proposed freestanding sign is to be located 37-feet from the interior property line and will take advantage of existing landscape planter, which won’t necessitate the need to remove additional parking from the site. Both the proposed internally illuminated, channel letter signs and freestanding signs will be in proper proportion to the building façades of the subject tenant spaces. The proposed freestanding signs measure 20-feet in height, proportional to the existing commercial buildings, which measure approximately 20-feet to the top of the parapet walls. The design of the new signs will enhance the existing businesses and all existing cabinet signs will be removed within three years of the approval date of the planned sign program. C. The sign materials, color, texture, size, shape, height, and placement are compatible with the design of the structure(s), property, and neighborhood of which it is a part. The proposed wall signs will include LED, internally illuminated channel letters. Staff believes that the size and height have been found to be compatible with the existing commercial buildings and enhance the existing commercial buildings by replacing outdated cabinet signs. The planned sign program will allow flexibility in regards to the font and color or each channel letter sign; however, they will all include matching returns, trim caps, maximum projections, and the same internal illumination intensity. The 20-foot freestanding signs will be located along Florence Avenue, and will include routed-out, push through lettering with opaque backgrounds, which will limit the glare typically associated with cabinet signs with non-opaque backgrounds. The neighborhood is commercially developed, and both the height and location of the freestanding signs or the sign illumination will not negatively impact the surrounding businesses. D. The sign’s illumination is at the lowest reasonable level as determined by the City Planner, which ensures adequate identification and readability, and is directed solely at the sign or is internal to it. The proposed internally illuminated channel letter signs will be internally illuminated with LED illumination. The signage on the proposed freestanding signs will include individual, opaque cabinets, with routed out, push through lettering, with fluorescent illumination that will illuminate only the letters, and will thus reduce the amount of illumination and glare typically associated with cabinet signs. PC Agenda Page 12 Resolution No. Downey Planning Commission PLN-16-00015 (Planned Sign Program) May 17, 2017 - Page 3 E.The sign is not detrimental to the public interest, health, safety, or welfare. All new signage are set at a sufficient height and/or location such that they will not create a detrimental impact to the public interest, health, safety, and/or welfare. F.The sign complies with Section 9624, Lighting and Design Standards. All signs on site are internally illuminated and are set a sufficient height and location to comply with Downey Municipal Code Section 9624. 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 PLN-16-00015 (Revision to Planned Sign Program No. DR-83-2), subject to conditions of approval attached hereto, 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. SECTION 5. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 17th day of May 2017 Jim Rodriguez, 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 __ day of May 2017 by the following vote, to wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Mary Cavanagh, Secretary City Planning Commission PC Agenda Page 13 Resolution No. Downey Planning Commission PLN-16-00015 (Planned Sign Program) May 17, 2017 - Page 4 PLN-16-00015 (REVISION TO PLANNED SIGN PROGRAM DR-83-02) CONDITIONS OF APPROVAL 1) The approval of PLN-16-00015 (Revision to Planned Sign Program No. DR-83-02) approving a planned sign program for property located at a multi-tenant shopping center at 7405-7435 Florence Avenue. 2) Approval of this Planned Sign Program 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 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. 4) Prior to the issuance of any building permit for a sign, said sign shall comply with this Planned Sign Program, with exception of window signs and non-permit signs, which shall comply with the requirements of the Downey Municipal Code. 5) All individual tenant signs shall be brought into compliance with the Planned Sign Program at such time that the tenant’s lease is renewed or when any changes are proposed to the sign, whichever occurs first. The property owner will bring all signage into compliance within three (3) years of approval of PLN-16-00015. 6) The applicant shall obtain all required building permits prior to installation of any new signs. The applicant shall obtain all necessary inspections and permit final for all new installed signage. All tenants shall provide proof of written landlord approval for any proposed signage prior to plan submittal to the City of Downey. 7) The applicant shall demolish the existing freestanding sign prior to the installation of the new freestanding signs. 8) 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. END OF CONDITIONS H:\Community Development\Arreola\Projects\PLN-16-00015 7405-7435 Florence\PLN-16-00015 Reso.doc PC Agenda Page 14