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HomeMy WebLinkAboutPC Reso 11-2740RESOLUTION NO. 11- 2740 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING PLN CASE NO. 11-00246 (CONDTIONAL USE PERMIT) -A REQUEST TO INSTALL FOUR (4) SOLID OXIDE FUEL CELLS TO PRODUCE ELECRICITY AT 9521 DALEN STREET, ON PROPERY ZONED M-2 AND PB (GENERAL MANUFACTURING ZONE AND PARKING BUFFER ZONE) 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 October 13, 2011, Ron Zimmer (hereinafter "Applicant") filed a Planning Application to request approval of a conditional use permit (PLN Case No. 11- 00246) to install four solid oxide fuel cells at a Kaiser Permanente pharmaceutical distribution facility at 9521 Dalen Street (hereinafter "subject property"). B. The subject property is zoned M-2 (General Manufacturing) and P -B (Parking Buffer). C. The General Plan designation of the subject property is CM (Commercial Manufacturing). D. On November 24, 2011, notice of the pending public hearing was sent to all property owners within 500' of the subject site and it was published in the Downey Patriot. E. The Planning Commission held a duly noticed public hearing on December 7, 2011, and, after fully considering all oral and written testimony, facts, and opinions offered at the aforesaid public hearing, adopted Resolution No. 11-2740, approving PLN 11-00246. 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. 15329 (Class 29, Cogeneration Projects at Existing Facilities). SECTION 3. Having considered all of the oral and written evidence presented to it at said public hearing, the Planning Commission further finds, determines and declares that: A. The requested conditional use permit for the fuel cells will not adversely affect the purpose and intent of the Downey Municipal Code. The intent and purpose of the Downey Municipal Code are to provide a comprehensive Zoning Ordinance to regulate the use of buildings and land in the City. The regulations are necessary to encourage the most appropriate use of land and to protect the public health, safety and welfare, in accordance with the City's General Plan. The General Plan serves as a guide to the long term physical development and growth of the City. It establishes policies for determining where certain land uses are most desirable. The subject property is zoned M-2 (General Manufacturing) and P -B (Parking Buffer), and its General Plan designation is CM (Commercial Manufacturing). The requested conditional use permit to allow the electrical generating systems (fuel cells) will not adversely affect the purpose and intent of the Downey Municipal Resolution No. 11-2740 Downey Planning Commission Code because the M-2 zone is intended to provide for the orderly development of general manufacturing, research and development, wholesale and distribution, warehousing, and other compatible uses within the community. The provisions of this zone are intended to ensure that industrial development will be protected from intrusion by inharmonious uses that it will be provided with adequate space and accessory facilities, and that abutting nonindustrial areas will be protected from potential conflicts with industrial development. Kaiser's use of the subject property as its central pharmaceuticals distribution center is appropriate for the M- 2 zone because the use involves distribution and warehousing activities. Fuel cells are appropriate for the zone because Table 9.3.9 of the Code requires a conditional use permit for electrical generating stations, which includes fuel cells, in the M-2 (General Manufacturing) zone. The fuel cells will not affect the single- family residential developments on the opposite side of Dalen Street, south of the subject site, because they will be more than 650 away from those residences, concealed and protected by plant materials, security gates, and decorative fencing. The fuel cells will not adversely affect the General Plan because Goal 4.6 of Vision 2025, the Downey General Plan, seeks to conserve energy resources. Policy 4.6.1 reads; "Conserve Energy Promote the conservation of energy by residents and businesses to conserve energy." PLN -00246 proposes to utilize fuel cells as the primary source of electrical power for the building; consequently, the fuel cells will alleviate electricity consumption on the California Edison Company's power grid. B. The requested conditional use permit to allow the electrical generating system (fuel cells) will not adversely affect the adjoining land uses, because the subject property exists in an area that is developed with various industrial, commercial and residential land uses. However, the proposed fuel cells will locate on the easterly side of the subject building in a side yard setback area that is visible from the street (Imperial Highway). The Applicant has proposed fencing and landscaping to screen the fuel cells from public view. Consequently, the proposed use will not affect growth and development in the area. The applicant also suggests that the fuel cells will generate noise levels up to 70db (A) within six feet of the units. According to Section 4606.3 of the Downey Municipal Code, 70db (A) is the maximum permissible steady noise level across boundary lines of properties in the M-2 Zone. C. The size and shape of the site is adequate to allow the project in a manner not detrimental to the particular area because the site is fully developed with a 129,000 square foot building, landscaping, and parking facilities in place. The proposed fuel cells will locate on the easterly side of the subject building in an area that will not prohibit further development of the site. D. The proposed fuel cells will not generate traffic; therefore, they will not impose an undue burden upon streets and 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 PLN -11-00246 (Conditional Use Permit), 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 Conditional Use Permit (PLN -11-00246) — 9521 Dalen Street December 7, 2011 - Page 2 Resolution No. 11-2740 Downey Planning Commission 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. This Conditional Use Permit shall become null and void unless use has commenced within one year of this approval and pursued diligently to completion or a one-year extension of time granted by the Downey Planning Commission, pursuant to Section 9824 of the Downey Municipal Code. SECTION 6. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 7th day of December 2011. Robert Kiefer, Chair an 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 2011, by the following vote, to wit: AYES: COMMISSIONERS: Garcia, Morales, Murray, Kiefer NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Lujan Theresa Donahue, Secretary City Planning Commission Conditional Use Permit (PLN -11-00246) — 9521 Dalen Street December 7, 2011 -Page 3 Resolution No. 11-2740 Downey Planning Commission PLN -11-00246 (CONDITIONAL USE PERMIT) EXHIBIT A - CONDITIONS PLANNING 1) The approval of PLN -11-00246 (Conditional Use Permit) establishes an electrical generating station consisting of four (4) solid oxide fuel cells, at 9521 Dalen Street in Downey, as shown on the approved site plan. Any 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 by the Downey Planning Commission. 2) 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. 3) Approval of this PLN -11-00246 (Conditional Use Permit) 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. 4) The Downey 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. 5) The Applicant shall comply with all conditions of PLN -11-00246, before this conditional use permit becomes valid. 6) The Applicant shall obtain all required approvals and permits for tenant improvements performed at the subject location. 7) All hardware, software and operator safety control systems utilized for the fuel cells shall comply with the ANS/CSA America FC1-2004 standards for stationary fuel cell power systems. 8) The fuel cell installation comply with all applicable building, plumbing and electrical codes. 9) The fuel cells shall incorporate a fire detection system that detects over -temperature conditions and shuts down the system. 10) The fuel cells shall incorporate at least one emergency stop button is installed at the fuel cell site. 11) The Applicant shall schedule routine and preventative maintenance operations for the fuel system 12) Bloom Energy shall provide Kaiser with a written emergency plan for emergencies related to the fuel cell. Conditional Use Permit (PLN -11-00246) — 9521 Dalen Street December 7, 2011 -Page 4 Resolution No. 11-2740 Downey Planning Commission 13) The Applicant shall incorporate turf block or a similar paving/landscaping surface extending from the public sidewalk along Imperial Highway to fuel cells. 14) The sound levels created by the operation of the fuel cells and equipment associated with the proposed use shall remain within the noise standards established by the Downey Municipal Code for industrial uses. 15) The Applicant shall not damage the culvert or the storm drain that exists within the area designated for the fuel cells. HACommunity Development\Planning Commission\Resolutions\201 1 \1 1-2740.doc Conditional Use Permit (PLN -11-00246) — 9521 Dalen Street December 7, 2011 - Page 5