HomeMy WebLinkAboutPC Reso 18-3072RESOLUTION NO. 18-3072
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/1-5 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 1-5 and 1-605 interchange, within the Florence
Ave/1-5 Specific Plan 90-1. In October 2017, Caltrans began improvements for the 1-5,
one of which is replacing the Florence Avenue Bridge over the 1-5. The Caltrans project
will result in Florence Avenue's elevation being raised approximately eight feet from the
Resolution No. 18-3072
Downey Planning Commission
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/1-5 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 19.5 -
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 19.5 -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
19.5 -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.
10780 Fairford Ave — PLN -18-00125
October 17, 2018 - Page 2
Resolution No. 18-3072
Downey Planning Commission
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.
P6�-
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:
Duarte,
Frometa, Dominguez and Owens
NOES:
COMMISSIONERS:
None
ABSENT:
COMMISSIONERS:
Flores
ABSTAIN:
COMMISSIONERS:
None
If
Mary Cavanagh, Secret
City Planning Commission
10780 Fairford Ave — PLN -18-00125
October 17, 2018 - Page 3
Resolution No. 18-3072
Downey Planning Commission
CONDITIONS OF APPROVAL
(PLN -18-00125)
PLANNING
1) The approval of this Variance and (PLN -18-00125) allows the deviation from Sections I 1I-
G(4)(c) of the Florence Ave/1-5 Specific Plan 90-1 on property located at 10480 Fairford
Avenue. Specifically, this approval allows the construction of a 19.5 -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
10780 Fairford Ave — PLN -18-00125
October 17, 2018 - Page 4