Loading...
HomeMy WebLinkAboutPC Reso 11-2731RESOLUTION NO. 11-2731 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING PLN -11-00180 (SITE PLAN REVIEW), A REQUEST TO CONSTRUCT A 900 SQUARE FOOT FREESTANDING SHADE STRUCTURE IN ORDER TO CONDUCT THE EXTERIOR REPAIR AND MAINTENANCE OF BUSES AND TRUCKS ON PROPERTY AT 9520 STEWART & GRAY ROAD, ZONED M-2 (GENERAL MANUFACTURING) 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. An application was filed by Phil Stutzel, (hereinafter "applicant") requesting PLN - 11 -00180 (Site Plan Review) to construct a 900 square foot freestanding shade structure, on property at 9520 Stewart & Gray Road, zoned M-2 (General Manufacturing) (hereinafter "subject property") (AIN 6284-026-026 & 027); B. On September 9, 2011, notice of the public hearing was sent to all property owners within 500' of the subject site and the notice was published in the Downey Patriot; and, C. The Planning Commission held a duly noticed public hearing on September 21, 2011 and, after fully considering all oral and written testimony and facts and opinions offered at aforesaid public hearings, adopted Resolution No. 11-2731, subject to conditions of approval (Exhibit A). 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. 15303 (Class 3, New Construction or Conversion of Small Structures). 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. That the site plan is consistent with the goals and polices embodied in the General Plan and other applicable plans and policies adopted by the Council. These goals and policies of the Downey General Plan (Vision 2025) are addressed as follows: Goal 8.1 of the Design Element is to "Promote quality design for new, expanded and remodeled construction" and Policy 8.1.1 seeks to promote architectural design of the highest quality. The applicant proposes to construct a freestanding steel Structure that will convey the existing industrial theme on site. Goal 9.1 of the General Plan is "Attract and retain businesses" and Program 9.1.1.5 seeks to continue the revitalization of commercial and industrial corridors. The proposed structure will continue the revitalization efforts of Stewart & Gray Road and the proposed project translates into attracting another business to Downey. B. That the proposed development is in accordance with the purposes and objectives of this article and the zone in which the site is located. The subject site is zoned M-2, which allows the cpnstruction of a new structure, subject to the approval of a site plan review application by the Commission. The proposed Resolution No. 11-2731 Downey Planning Commission project complies with all development standards and is consistent with the purpose of the M-2 zone. The Applicant has adhered to the City's approval process for site plan review, which resulted in the orderly development of the site while maintaining compatibility with the surrounding land uses. C. That the proposed development's site plan and its design features, including architecture and landscaping, will integrate harmoniously and enhance the character and design of the site, the immediate neighborhood, and the surrounding areas of the City. Staff has attached conditions of approval to PLN - 11 -00180 (Site Plan Review), to ensure that the proposed development will integrate harmoniously and enhance the character of the surrounding properties by providing a new modern appearance. The new structure incorporates steel frames with aluminum roof material. D. That the site plan and location of the buildings, parking areas, signs, landscaping, luminaries, and other site features indicate that proper consideration has been given to both the functional aspects of the site development, such as automobile and pedestrian circulation, and the visual effects of the development from the view of the public streets. The proposed freestanding structure would locate in an area previously designated for a similar use on the site. As such; the site plan provides sufficient space to park buses and trucks and it provides sufficient space for vehicles to enter and exit the property. E. That the proposed development will improve the community appearance by preventing extremes of dissimilarity or monotony in new construction or in alterations of facilities. The proposed freestanding structure illustrates an architectural design that differs from other uses nearby, but incorporates building materials (steel and aluminum) found on the nearby buildings. Staff has incorporated conditions of approval for PLN -11-00180 (Site Plan Review), to ensure that the proposed building will blend harmoniously with architectural design of the surrounding buildings. F. That the site plan and design considerations shall tend to upgrade property in the immediate neighborhood and surrounding areas with an accompanying betterment of conditions affecting the public health, safety, comfort, and welfare. The proposed structure's design and color will integrate harmoniously with neighboring properties to the north and west since these are currently developed with industrial buildings. The project will allow the expansion to improve the business further and increase its revenues significantly. The proposed project is a new structure that complies with the current Building Code and Fire Code regulations for structural integrity and fire safety. G. That the proposed development's site plan and its design features will include graffiti -resistant features and materials in accordance with the requirements of Section 4960 of Chapter 10 of Article IV of this Code. Section 4960 allows the City to consider imposing conditions reasonably related to the mitigation of the impacts of graffiti; however, the proposed freestanding structure will offer very little surface area viewable by the public since the metal frame members are no more than 12" in width. Nonetheless, the Conditions of Approval for PLN -11- 00180 (Site Plan Review) will include a condition stating that the design features will incorporate graffiti resistant materials. Site Plan Review — 9520 Stewart & Gray Rd September 21, 2011 — Page 2 Resolution No. 11-2731 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 PLN -11-00180 (Site Plan Review), 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. SECTION 5. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 218t day of September 2011. Robert Kiefer, Chairmafi 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 21 St day of September 2011, by the following vote, to wit: AYES: COMMISSIONERS: Lujan, Garcia, Morales, Murray, Kiefer NOES: COMMISSIONERS: None Theresa Donahue, Secretary City Planning Commission Site Plan Review — 9520 Stewart & Gray Rd September 21, 2011 — Page 3 Resolution No. 11-2731 Downey Planning Commission PLN -11-00180 (SITE PLAN REVIEW) EXHIBIT A - CONDITIONS PLANNING 1) The Downey Planning Commission grants this approval of PLN -11-00180 (Site Plan. Review) for the installation of a 20' wide x 45' depth x 20' high freestanding shade structure at 9520 Stewart & Gray Road, as shown on the approved plans, except that the installation and use of the dynamometer is not included in this approval. Deviations or exceptions from said site plan, other than those authorized by this resolution or those that do not impact other conditions, shall not be permitted without the approval of the Downey Planning Commission. 2) Maintenance of buses and trucks at the proposed freestanding shade structure shall be limited to engine steaming and exterior washing. 3) No dynamometer equipment shall be installed or used at the proposed freestanding structure or on the subject site. If the applicant wishes to pursue approval of the dynamometer equipment, the applicant shall apply for a modification of this Site Plan approval for Planning Commission review and approval and comply with the CEQA. 4) Approval of PLN -11-00180 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. 5) The Planning Commission shall retain jurisdiction to amend or add conditions with public notice to assure compatibility with the purpose and intent of the Comprehensive Zoning Ordinance and to protect the public health, safety and general welfare. 6) PLN -11-00180 shall become null and void one (1) year after the adoption of this resolution, unless the construction or occupancy authorized by such Site Plan Review have been commenced within one year after the granting of such approval and pursued diligently to completion. 7) All conditions of approval of PLN -11-00180 shall be complied with before this Site Plan Review become valid. 8) The Applicant shall incorporate a copy of this Exhibit A, Conditions of Approval for PLN - 11 -00180, into the approved set of building plans. 9) 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. Site Plan Review — 9520 Stewart & Gray Rd September 21, 2011 — Page 4 Resolution No. 11-2731 Downey Planning Commission BUILDING 10) All construction shall comply with the 2010 California Building Code and Title 24 of the California Energy Code. 11) Prior to the commencement of interior improvements, the applicant shall obtain all required permits. Additionally, the applicant shall obtain all necessary inspections and permit final prior to beginning operation of the site. PUBLIC WORKS/ENGINEERING 12) The applicant shall install all new utilities associated with this project underground. 13) All areas within the scope of work of this project shall comply with the National Pollutant Discharge Elimination System (NPDES) requirements of the Federal Clean Water Act; the General Construction Activities Stormwater Permit (GCASP) of the State, the Stormwater Quality Management Plan (SQMP) of the Los Angeles County Department of Public Works, and Ordinance 1142 of the Downey Municipal Code. 14) If applicable, prior to the issuance of demolition permits, the applicant shall complete a Construction & Demolition (C&D) Waste Management Plan per Article V, Chapter 8 of the Downey Municipal Code. 15) If applicable, the owner/applicant shall install a site drainage plan for the site (prepared and sealed by a registered civil engineer in the State of California) for approval by the Engineering Division and Building and Safety Division. All lot(s) shall not have less than one (1 %) percent gradient on any asphalt or non -paved surface, or less than one quarter (1/4%) percent gradient on any concrete surface. 16) If applicable, the owner/applicant shall install a sewer main and sewer lateral (to the front property line) for each lot in the subdivision, and shall provide that the design and improvements of sewers shall be to the standards of the City Engineering Division. Septic systems are not acceptable. 17) The owner/applicant shall obtain all necessary plan approvals and permits and shall provide that the standards of improvements, construction materials, and methods of construction shall be in conformance with the Standard Plans and Specification for Public Works Construction and as modified by the City of Downey's Standard Plans and Specifications. FIRE 18) Plans to be submitted through Building and Safety and shall comply with 2010 California Fire Code, 2010 California Building Code, current Downey Ordinances and any other pertinent requirements to be determined at time of plan submission and review. 19) The applicant/owner shall install an approved Automatic Fire Sprinkler System to protect the permanent and transient contents of the new structure. 20) If applicable, provide labeled shut-off valves / switches / controls with "Lock -out -Tag -out" capability for all energized equipment. HACommunity Development\Planning Commission\Resolutions\2011\11-2731.doc Site Plan Review -9520 Stewart & Gray Rd September 21, 2011 — Page 5