HomeMy WebLinkAbout4. PLN-18-00125 10780 FairfordSTAFF REPORT
PLANNING DIVISION
DATE: OCTOBER 17, 2018
TO: PLANNING COMMISSION
SUBMITTED BY: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMENT
REVIEWED BY: DAVID BLUMENTHAL, CITY PLANNER
PREPARED BY: GUILLERMO ARREOLA, PRINCIPAL PLANNER
SUBJECT: VARIANCE (PLN-18-00125) TO DEVIATE FROM SECTION III-G(4)(c)
OF THE FLORENCE AVE/I-5 SPECIFIC PLAN 90-1 TO ALLOW
DIESEL-TUNE TO CONSTRUCT A 16.5-FOOT TALL MONUMENT
SIGN.
LOCATION: 10780 FAIRFORD AVE.
ZONING: FLORENCE AVE/I-5 SPECIFIC PLAN 90-1
REPORT SUMMARY
The Applicant, Patrick Faranal with National Sign & Marketing, on behalf of Diesel-Tune,
(hereinafter referred to as “the Applicant”) is requesting a Variance to deviate from Section III-
G(4)(c) of the Florence Ave/I-5 Specific Plan to construct a 16.5-foot tall monument sign on
property located at 10780 Fairford Avenue. Due to construction of the new Florence Avenue
bridge, the property is now located behind a 13-foot high retaining wall, thereby restricting
visibility of the business. Based on the analysis contained in this report, staff is recommending
that the Planning Commission adopt the following titled resolution:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY APPROVING VARIANCE (PLN-18-00125) TO ALLOW A
DEVIATION TO THE ALLOWABLE MONUMENT SIGN HEIGHT ON
PROPERTY LOCATED AT 10780 FAIRFORD AVENUE, ZONED FLORENCE
AVE/I-5 SPECIFIC PLAN 90-1
BACKGROUND
The subject site is a 15,682 square foot parcel located on the south side of Florence Ave, at the
southwest corner of Florence Avenue and Fairford Avenue. The site is improved with a 1,700
square foot building, a canopy, and off-street parking, landscaping. The subject site has a
General Plan Land Use Designation of General Commercial and is located within the Florence
Ave/I-5 Specific Plan 90-1.
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View of Site from Florence Avenue
Caltrans is currently replacing the Florence Avenue Bridge over the I-5 Freeway. This new
bridge is longer and taller to accommodate the freeway widening. Because of this new bridge,
the property along the northern property line will be approximately eight (8) feet below the street
level of Florence Avenue.
On August 3, 2018, the applicant submitted an application for a Variance. This request is to
deviate from the Specific Plan restrictions on constructing a monument sign. The application
was deemed complete on August 24, 2018.
On September 6, 2018, notice of the proposed project was published in the Downey Patriot and
was directly mailed to all property owners within 500’ of the site. The applicant submitted a
request to continue the public hearing to the October 17, 2018 Planning Commission meeting.
To which the Planning Commission continued the public hearing to the October 17, 2018
meeting.
On October 4, 2018, once again, a notice of the proposed project was published in the Downey
Patriot and was directly mailed to all property owners within 500’ of the site.
DISCUSSION
The applicant’s request is to deviate from Section III-G(4)(c) of the Florence Ave/I-5 Specific
Plan 90-1, which read as follows:
Section III-G(4)(c) – Each sign face may not exceed eighty (80) square feet in area, nor
exceed a height of eight (8) feet.
A property in the Florence Ave/I-5 Specific Plan 90-1 is allowed to have an 8-foot high
monument sign. However, construction of the new Florence Avenue Bridge has raised the
elevation of Florence Avenue along the northern property line of the subject site, obscuring the
existing business from westbound traffic along Florence Avenue. While still under construction,
the south side height of the bridge is complete, and measures approximately eight (8) feet
above property grade (at the proposed sign location), not including the additional four-foot high
protective pedestrian wall and an approximately 1.5-foot high guardrail. The combination of the
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increased street elevation, protective pedestrian wall and guardrail limit the sign visibility that a
standard eight-foot high monument sign could provide. Only the rooftop of the business is
visible to westbound traffic. The proposed 16.5-foot high monument sign will exceed the height
of the pedestrian wall by approximately five (5) feet. Thus, westbound traffic on Florence
Avenue would see an approximately five-foot high sign. Relocating the sign along Fairford
Avenue where the retaining wall becomes lower will not provide the necessary sign visibility for
west-bound traffic on Florence Avenue. Approval of the Variance will allow the business the
same opportunity to advertise that other businesses in the area have.
The proposed monument sign measures 16.5-feet in height, includes a sign area of 30 square
feet and will not exceed the maximum allowable sign area of 80 square feet total. The sign also
measures five-feet from the north property, in compliance with Section III-G of the Florence
Ave/I-5 Specific Plan 90-1.
The monument sign will include:
Smooth, curved aluminum cabinet;
Routed, translucent vinyl lettering;
Dark bronze reveals; and
Thirty-two square foot landscape planter.
With the exception of the proposed height, the sign complies with Section III-G Florence Ave/I-5
Specific Plan 90-1.
DEVELOPMENT REVIEW COMMITTEE
This application did not require Design Review Committee review because the application was
for a sign variance.
ENVIRONMENTAL ANALYSIS
Staff has reviewed the proposed use for compliance with the California Environmental Quality
Act (CEQA). Upon completion of this review, staff determined that this request 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 are exempt from California Environmental
Quality Act requirements. Class 5 consists of consists of minor alterations in land use
limitations in areas with an average slope of less than 20%, which do not result in any changes
in land use or density. As such, staff feels that this request qualifies for a Class 5 exemption.
FINDINGS
Variance
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 project site is located south of Florence Avenue between the I-5 and I-605
interchange, within the Florence Ave/I-5 Specific Plan 90-1. In October 2017, Caltrans
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began improvements for the I-5, one of which is replacing the Florence Avenue Bridge
over the I-5. The Caltrans project will result in Florence Avenue’s elevation being raised
approximately eight feet from the existing grade, at the proposed location of the sign. A
standard eight-foot high monument sign would not be high enough to clear the height of
the bridge and provide an unobstructed view of the sign. It is staff’s opinion that the
unique circumstance justifies the Applicant’s request.
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.
The subject site is located within the Florence Avenue/I-5 Specific Plan 90-1, which
limits the height of a monument sign to eight-feet. Recent improvements to the Florence
Avenue Bridge have caused the site to be located approximately eight-feet below the
Florence Avenue street grade. As such, a standard eight-foot high monument sign
would not be tall enough to clear the height of the bridge and provide an unobstructed
view of the sign. The proposed 16.5-foot tall sign would provide approximately five-feet
of visibility along Florence Avenue, less than that provided by a standard eight-foot tall
monument on an “at-grade” property in the Specific Plan.
C.That exceptional or extraordinary conditions or circumstances do not result from
the actions of the applicant.
The grade change on Florence Avenue is due to a Caltrans project to improve Interstate
5 and is not a result of the actions of the Applicant.
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.
Due to the grade change of the Florence Avenue Bridge, approval of the variance will
not confer any special privileges as other similar uses in this Specific Plan, which are
permitted eight-foot high monument signs. The grade change caused by the Florence
Avenue Bridge improvements have placed the property approximately eight-feet below
street grade at the proposed sign location. A combination of the increased street
elevation, protective pedestrian wall and guardrail would obstruct the sign visibility that a
standard eight-foot high monument sign would provide. The proposed 16.5-foot tall
monument sign would provide approximately five-feet of visibility above the pedestrian
wall along Florence Avenue. Therefore no special privilege is being given that would be
otherwise denied by the Specific Plan.
E.That the granting of such Variance will be in harmony and not adversely affect the
General Plan of the City.
The granting of this Variance is in harmony with and will not adversely affect the General
Plan of the City in that Policy 8.3.1, which calls for view enhancement of property from
public streets to exhibit a positive image. The proposed 16.5-foot tall monument sign will
be constructed eight-feet below street grade, which will allow approximately five feet of
visibility for west-bound traffic along Florence Avenue. The sign will enhance the site by
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providing a modern, internally illuminated sign with routed lettering, while not exceeding
eight-feet above the pedestrian wall along the bridge.
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 proposed Variance will allow the business to advertise along Florence Avenue while
not affecting the aesthetic quality of the streetscape. No other deviations are being
requested. It is staff’s opinion that the Variance is needed to continue the reasonable
use of the property as an auto repair facility.
CORRESPONDENCE
At the September 19, 2018 Planning Commission meeting, Ms. Gloria Renteria, stated her
concerns regarding the proposed monument sign height, and other issues unrelated to this
application. After fully reviewing the appearance and location of the sign, Ms. Renteria noted
that she no longer was concerned about the sign.
Staff has not received any other correspondence regarding this application.
CONCLUSION
Based on the analysis contained within this report, staff is concluding the proposed deviation to
the standards of the Specific Plan will not create a detrimental impact to the area. Staff is
further concluding that all required findings for approving the Variance can be made in a positive
manner. As such, staff recommends that the Planning Commission approve the Variance (PLN-
18-00125), subject to the recommended conditions of approval.
EXHIBITS
A.Maps
B.Draft Resolution
C.Project Plans
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MAPS
Location
Aerial Photograph
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Zoning
Subject Site
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RESOLUTION NO. 18-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY APPROVING A VARIANCE TO ALLOW A DEVIATION TO THE
ALLOWABLE MONUMENT SIGN HEIGHT ON PROPERTY LOCATED AT
10780 FAIRFORD AVENUE, ZONED FLORENCE AVE/I-5 SPECIFIC PLAN
90-1
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 3, 2018, the applicant submitted an application for a Variance. This
request is to deviate from the Specific Plan, which limits the height of monument
signs to eight-feet in height; and,
B.The application was deemed complete on August 24, 2018; and,
C.On September 6, 2018, notice of the pending public hearing was sent to all
property owners within 500 feet of the subject site and the notice was published
in the Downey Patriot; and,
D.On September 19, 2018, the Planning Commission, at the applicant’s request,
continued the public hearing to the October 17, 2018 Planning Commission
meeting; and,
E.On October 4, 2018, notice of the pending public hearing was sent to all property
owners within 500 feet of the subject site and the notice was published in the
Downey Patriot; and,
F.On October 17, 2018, the Planning Commission held a duly noticed public
hearing 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). Class 5 consists of minor alterations in land use limitations in areas with
an average slope of less than 20%, which do not result in any changes in land use or density.
SECTION 3. Having considered all of the oral and written evidence presented to it at
said public hearings regarding the Variance, 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 project site is located
south of Florence Avenue between the I-5 and I-605 interchange, within the Florence
Ave/I-5 Specific Plan 90-1. In October 2017, Caltrans began improvements for the I-5,
one of which is replacing the Florence Avenue Bridge over the I-5. The Caltrans project
will result in Florence Avenue’s elevation being raised approximately eight feet from the
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Resolution No. 18-
Downey Planning Commission
10780 Fairford Ave – PLN-18-00125
October 17, 2018 - Page 2
existing grade, at the proposed location of the sign. A standard eight-foot high
monument sign would not be high enough to clear the height of the bridge and provide
an unobstructed view of the sign.
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. The subject site is located within
the Florence Avenue/I-5 Specific Plan 90-1, which limits the height of a monument sign
to eight-feet. Recent improvements to the Florence Avenue Bridge have caused the site
to be located approximately eight-feet below the Florence Avenue street grade. As
such, a standard eight-foot high monument sign would not be tall enough to clear the
height of the bridge and provide an unobstructed view of the sign. The proposed 16.5-
foot tall sign would provide approximately five-feet of visibility along Florence Avenue,
less than that provided by a standard eight-foot tall monument on an “at-grade” property
in the Specific Plan.
C.That exceptional or extraordinary conditions or circumstances do not result from the
actions of the applicant. The grade change in Florence Avenue is due to a Caltrans
project to improve Interstate 5 and is not a result of the actions of the Applicant.
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. Due to the grade change of the
Florence Avenue Bridge, approval of the variance will not confer any special privileges
as other similar uses in this Specific Plan, which are permitted eight-foot high monument
signs. The grade change caused by the Florence Avenue Bridge improvements have
placed the property approximately eight-feet below street grade at the proposed sign
location. A combination of the increased street elevation, protective pedestrian wall and
guardrail would obstruct the sign visibility that a standard eight-foot high monument sign
would provide. The proposed 16.5-foot tall monument sign would provide approximately
five-feet of visibility above the pedestrian wall along Florence Avenue. Therefore no
special privilege is being given that would be otherwise denied by the Specific Plan.
E.That the granting of such Variance will be in harmony and not adversely affect the
General Plan of the City. The granting of this Variance is in harmony with and will not
adversely affect the General Plan of the City in that Policy 8.3.1, which calls for view
enhancement of property from public streets to exhibit a positive image. The proposed
16.5-foot tall monument sign will be constructed eight-feet below street grade, which will
allow approximately five feet of visibility for west-bound traffic along Florence Avenue.
The sign will enhance the site by providing a modern, internally illuminated sign, with
routed lettering, while not exceeding eight-feet above the pedestrian wall along the
bridge.
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 proposed Variance will allow the business to advertise
along Florence Avenue while not affecting the aesthetic quality of the streetscape. No
other deviations are being requested. It is staff’s opinion that the Variance is needed to
continue the reasonable use of the property as an auto repair facility.
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Resolution No. 18-
Downey Planning Commission
10780 Fairford Ave – PLN-18-00125
October 17, 2018 - Page 3
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 this Variance
(PLN-18-00125), subject to the 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.
SECTION 5. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 17th day of October, 2018.
Patrick Owens, 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 17th day of October,
2018 , by the following vote, to wit:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
__________________________
Mary Cavanagh, Secretary
City Planning Commission
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Resolution No. 18-
Downey Planning Commission
10780 Fairford Ave – PLN-18-00125
October 17, 2018 - Page 4
CONDITIONS OF APPROVAL
(PLN-18-00125)
PLANNING
1)The approval of this Variance and (PLN-18-00125) allows the deviation from Sections III-
G(4)(c) of the Florence Ave/I-5 Specific Plan 90-1 on property located at 10480 Fairford
Avenue. Specifically, this approval allows the construction of a 16.5-foot high monument
signs along the Florence Avenue street frontage.
2)Approval of this Variance 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)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.
5)Prior to the submittal of a sign permit application for the monument sign into Building and
Safety Plan Check, the applicant and the property owner shall sign an affidavit of
Acceptance of Conditions, as provided by the City of Downey.
6)The sign shall only contain the name of the business on site.
7)The applicant shall obtain all building permits prior to the installation of the monument
sign and obtain all required inspections.
8)The sign shall be internally illuminated.
END OF CONDITIONS
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