HomeMy WebLinkAboutPC Reso 20-3129RESOLUTION NO. 20-3129
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY APPROVING PLANNED SIGN PROGRAM (PLN -20-00104),
REGULATING THE QUANTITY, SIZE, LOCATION, AND APPEARANCE OF
SIGNS FOR A MULTI -TENANT COMMERCIAL BUILDING AND DRIVE-THRU
RESTAURANT, LOCATED AT 8900 IMPERIAL HIGHWAY & 12623
LAKEWOOD BOULEVARD, AND ZONED C-2 (GENERAL COMMERCIAL)
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 May 15, 2019, the Planning Commission approved PLN -18-00172 for a Site
Plan Review, Conditional Use Permit, Variance, and Tentative Parcel Map to
renovate a 10,000 square foot commercial building, construct a new restaurant
building with drive-thru, request a parking reduction, and subdivide a lot; and,
B. On October 2, 2020, Scott Silberberg (hereinafter "applicant"), submitted a
request for Planned Sign Program establishing the size, location, and
appearance of all signs at the newly approved commercial development; and,
C. On October 5, 2020, the application was deemed complete.
D. On October 8, 2020, a notice of the public hearing was sent to all property
owners within 500' of the subject site and the notice was published in Downey
Patriot; and,
E. The Planning Commission held a duly noticed public hearing on October 21,
2020, 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, Accessory 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. The proposed signs are permitted within the zone and it complies with all
applicable provisions of this chapter, the General Plan, and any other applicable
standards. The Downey Municipal Code (DMC) states that particular
developments are subject to and must use a Planned Sign Program via Planning
Commission approval in accordance with DMC Section 9610. The proposed wall,
freestanding, and monument signs are all common among multi -tenant
commercial developments including the placement, size, and style of the
proposed signs. Furthermore, the project directly complies, or has been
conditioned to comply, with all relevant provisions within Article XI of the Downey
Municipal Code. These provisions include, but are not limited to, review process,
setbacks, type of signs allowed, amount of signs, lighting, and maintenance.
Resolution No. 20-3129
Downey Planning Commission
The Planned Sign Program is consistent with the General Plan in that the
following policy is promoted by the proposed Planned Sign Program:
Policy 8.3.1— Enhance the views of the property from the public streets to exhibit
a positive image.
The Planned Sign Program promotes the above policy by producing adequate
advertisement for the businesses on site that is complimentary to the architecture
of the recently approved development and compatible with other signs in the
nearby vicinity. These features also contribute to the attractiveness of the site
from the public right-of-way.
B. The sign is in proper proportion to the structure or site on which it is located. The
proposed illuminated channel letter wall signs will be well spaced and in proper
proportion to the building fagades of the tenant space. The size of the wall signs
will vary based on the lineal foot frontage for each tenant space, and only those
tenant spaces with multiple frontages are allowed a secondary sign. The letter
height of all wall signs shall be a maximum of 36 inches.
The monument and freestanding signs are setback seven (7) feet and eight (8)
feet six (6) inches, respectively. The square footages and dimensions have been
found to be in proper proportion to the single story commercial buildings and
include enough space to have each tenant's name reflected. The allowed size,
dimension, and quantity of signs establishedIn the proposed planned sign
program will ensure proportionality with the overall center.
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 include illuminated channel letter signs
that will be mounted onto the building. The size and height have been found to
be compatible with the existing building and architecturally enhance the center.
The planned sign program will allow flexibility in regards to the color of each sign
as long as they are compatible with the establishment. The allowable colors for
the channel letters and logos are subject to landlord and city approval. The
lettering and advertising should be relative to the nature of the business or
service. The neighborhood is commercially developed and similar signs are
found on each corner of the intersection of Imperial Highway and Lakewood
Boulevard, therefore the combination of wall, freestanding, or monument signs
are found to be compatible with 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. All new wall signs shall include LED internal
illumination in order to reduce the brightness of the signs. The project has been
conditioned to ensure that the LEDs and power supplies will be enclosed behind the
channel letters attached to the wall and that the lighting shall be seventy (70) feet
away from any residentially zoned property. The conditions also include
adjustments to the illumination of a sign if it if found that a nuisance is caused by
any particular sign.
Resolution No. 20-3129
Downey Planning Commission
E. The signs are not detrimental to the public interest, health, safety, or welfare.
The proposed illuminated wall signs will be mounted at a sufficient height and
location and will not affect pedestrian/vehicle access. The individual letters will affix
safely to the existing stucco fagade. The monument sign and freestanding sign will
be setback a minimum of seven (7) feet from the property line and do not conflict
with ingress and egress to/from the site. All signs shall be designed, permitted,
installed, and inspected in conformance with local and state building and electrical
standards. Thus, it is found that the proposed sign program will not create a
detrimental impact to any public interest, health, safety, and/or welfare.
F. The signs comply with Section 9624, Lighting and Design Standards. All
proposed signs on the building will be internally illuminated using LED light units..
The signs will not conflict with Downey Municipal Code Section 9624. The
conditions include adjustments to the illumination of a sign if it if found that a
nuisance is caused by any particular sign.
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 the Planned Sign
Program (PLN -20-00104), 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 21St day of October 2020
Nolveris Frometa, Vice Chaff man
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 21St day of October
2020 by the following vote, to wit:
AYES: COMMISSIONERS: Frometa, Owens and Spathopoulos
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Duarte and Dominguez
ABSTAIN: COMMISSIONERS: None f rti
Mary Ca anagh, Secretary
City Planning Commission
Resolution No. 20-3129
Downey Planning Commission
PLANNED SIGN PROGRAM (PLN -20-00104)
CONDITIONS OF APPROVAL
1) The approval of this Planned Sign Program approves the size, location, appearance,
and number of the signs for a multi -tenant commercial building and drive-thru restaurant,
located at 8900 Imperial Highway and 12623 Lakewood Boulevard.
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) 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) An affidavit of Acceptance of Conditions, as provided by the City of Downey, shall be
signed, notarized, and returned to the Planning Division within fifteen (15) days of
approval. This approval will be considered invalid until this condition has been fulfilled.
6) Primary wall signs shall only be mounted on the store front fagades (facing the parking
lot) of the subject buildings. Secondary wall sign for the corner tenant space shall be
mounted on the Lakewood Boulevard street facing fagade as indicated in the Planned
Sign Program.
7) The monument and freestanding sign shall be placed as shown on the approved on
program site plan. Materials shall match those used on the buildings, including brick
material approved in Planned Sign Program.
8) All wall signs shall be illuminated with LED light. Illuminated wall signs shall be a
minimum of 70 feet from any adjacent residential zone.
9) 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 exempt signs, which shall
comply with the requirements of the Downey Municipal Code.
10) Prior to the installation of new wall signs, the applicant shall obtain all required Building
permits. The applicant shall also obtain all required building inspection for all signs.
END OF CONDITIONS