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RESOLUTION NO. 2023 -47
A RESOLUTION OF THE CITY COUNCIL OF CITY OF
TORRANCE, CALIFORNIA, DENYING THE APPREAL AND
APPROVING A CONDITIONAL USE PERMIT AS
PROVIDED FOR IN DIVISION 9, CHAPTER 5, ARTICLE 1
OF THE TORRANCE MUNICIPAL CODE, TO ALLOW THE
DEMOLITION OF AN EXISTING MARKET BUILDING AND
THE CONSTRUCTION OF AN 84, 100-SQUARE FOOT
INDUSTRIAL BUILDING ON PROPERTY LOCATED IN THE
M-2 ZONE AT 21515 WESTERN AVENUE.
CUP22-00005: ERIN THRASH
(REXFORD INDUSTRIAL -21515 S. WESTERN LLC)
WHEREAS, the Planning Commission of the City of Torrance on February 15, 2023 considered an application for a Conditional Use Permit (CUP22-00005) filed by Erin Thrash (Rexford Industrial -21515 S. Western LLC) to allow the demolition of an existing market building and the construction of an 84, 100-square foot industrial building on property located in the M-2 Zone at 21515 Western Avenue; and
WHEREAS, the matter was continued to a date certain of March 1, 2023; and WHEREAS, the Planning Commission of the City of Torrance conducted a public hearing on March 1, 2023 to consider an application for a Conditional Use Permit (CUP22-00005) filed by Erin Thrash (Rexford Industrial -21515 S. Western LLC) to allow the demolition of an existing market building and the construction of an 84, 100-square foot industrial building on property located in the M-2 Zone at 21515 Western Avenue; and
WHEREAS, on March 1, 2023, the Planning Commission voted to approve CUP22-00005 by a 5-0 roll call vote, Commissioners Choi and Riggs recused; and WHEREAS, an appeal was filed to the City Clerk on March 13, 2023; and WHEREAS, the City Council of the City of Torrance conducted a public hearing at the meeting of May 9, 2023 to consider an appeal of the Planning Commission approval of a Conditional Use Permit (CUP22-00005) filed by Erin Thrash (Rexford Industrial -21515 S. Western LLC) to allow the demolition of an existing market building and the construction of an 84, 100-square foot industrial building on property located in the M-2 Zone at 21515 Western Avenue; and WHEREAS, due and legal publication of notice was given to owners of property in the vicinity thereof and due and legal hearings have been held, all in accordance with the provisions of Division 9, Chapter 5, Article 1 of the Torrance Municipal Code; and WHEREAS, the City Council of the City of Torrance does hereby find and determine as follows:
a) That the property address is 21515 Western Avenue;
b) That the property is located on Lot 1 of PM 256-36 (APN 7355-031-054); c) That the construction of a manufacturing, storage or office building 15,000 square feet or greater in size is conditionally permitted in the M-2 Zone; 1 •
d) That the proposed 84, 100-square foot industrial building, as conditioned, will not impair the integrity and character of the M-2 Zone because the project is compatible with the surrounding industrial uses in the area;
e) That the subject site is physically suitable for the proposed 84, 100-square foot industrial building, as conditioned, because the project will comply with the Business Park floor area ratio standards;
f) That the proposed 84, 100-square foot industrial building, as conditioned, will be compatible with existing and proposed future land uses within the M-2 Zone and the general area in which it is located because the surrounding uses are mixture of light industrial, research and design, office, and warehouses; g) That the proposed 84, 100-square foot industrial building, as conditioned, will encourage and be consistent with the orderly development of the City as provided in the General Plan because Business Park is intended for mixture of business, professional and medical office, research and development, and light industrial uses; h) That the proposed 84, 100-square foot industrial building, as conditioned, will not discourage the appropriate existing or planned future use of surrounding property and tenancies because the project is compatible with current development trend in the surrounding vicinity;
i) That there are adequate provisions for water, sanitation, and public utilities and services to ensure that the proposed 84, 100-square foot industrial building will not be detrimental to public health and safety;
j)
k)
I)
That there are adequate provisions for public access to serve the proposed 84, 100-square foot industrial building because vehicular, pedestrian, and public transit access are provided along Western Avenue;
That the proposed location, size, design and operating characteristics of the proposed 84, 100-square foot industrial building, as conditioned, would not be detrimental to the public interest, health, safety, convenience or welfare, or to the property of persons located in the area because the building will be required to comply with the latest Building Code standards; and
That the proposed the proposed 84, 1 DO-square foot industrial building, as conditioned, will not produce any or all the following results:
1) Damage or nuisance from noise, smoke, odor, dust or vibration, 2) Hazard from explosion, contamination or fire,
3) Hazard occasioned by unusual volume or character of traffic or the congregating of large numbers of people or vehicles.
m) That the proposed construction of an 84 , 100-square foot industrial building on a site of no more than five acres is Categorically Exempted pursuant to Section 15332 -In-Fill Development Projects of the 2023 Guidelines for the Implementation of the California Environmental Quality Act (CEQA); and
2 NOW, THEREFORE, BE IT RESOLVED that CUP22-00005 filed by Erin Thrash (Rexford Industrial -21515 S. Western LLC) to allow the demolition of an existing market building and the construction of an 84 , 100-square foot industrial building on property located in the M-2 Zone at 21515 Western Avenue, on file in the Community Development Department of the City of Torrance, is hereby APPROVED subject to the following conditions:
1. That the use of the subject property for a 84, 100-square industrial building shall be subject to all conditions imposed in City Council case CUP22-00005 and any amendments thereto or modifications thereof as may be approved from time to time pursuant to Section 92.28.1 et seq. of the Torrance Municipal Code on file in the office of the Community Development Director of the City of Torrance; and said use shall be established or constructed and shall be maintained in conformance with such maps, plans, specifications, drawings, applications or other documents presented by the applicant to the Community Development Department and upon which the Planning Commission relied in granting approval;
2. That if this Conditional Use Permit is not implemented within one year after granting of the permit, it shall expire and become null and void unless extended by the Community Development Director for an additional period, as provided for in Section 92.27.1;
3. That the applicant shall defend, indemnify, and hold harmless the City of Torrance and its agents, officers, and employees from and against any claim, action, or proceeding against the City agency or its agents, officers, or employees to attack, set aside, void , or annul an approval by the City, including, without limitation, an action by an advisory commission, appeal board , or legislative body concerning this discretionary approval. This defense and indemnification shall include the payment of all legal costs incurred on behalf of the City in connection with the application, and the defense of any claim, action or proceeding challenging the approval of this Conditional Use Permit or the project. The City will promptly notify the applicant of any claim, action, or proceeding and agrees to cooperate to the extent required for an effective defense. In the event a legal challenge to the discretionary approval is successful, and an award of attorney fees is made to the challenger, the applicant shall be responsible to pay the full amount of such an award;
3. That a copy of the signed Resolution, with all conditions of approval shall be incorporated to the set of plans submitted for plan check; (Planning)
4. That a landscape setback not less than 8 feet, 4 inches wide along Mullin Avenue shall be provided; (Planning)
5. That the maximum height of the building shall not exceed 41 feet, 6 inches; (Planning) 6 . That exterior color and material samples shall be submitted to the Community Development Department for approval prior to the issuance of any building permits . Exterior materials and finishes shall be compatible with the remodeled shopping and surrounding development to the satisfaction of the Planning Manager; (Planning)
7. That architectural themes and design elements shall be incorporated on all building elevations to the satisfaction of the Planning Manager; (Planning)
8. That a graffiti-proof finish shall be used on walls where applicable, including building walls, fence walls and screen walls, and that all wincfows shall be provided with a protective film to prevent graffiti; (Planning)
9. That a vehicular driveway cross access easement shall be maintained with the adjacent properties to the north and south; (Planning)
3 10. That a maximum of 12 loading docks shall be allowed for this building. The overhead door for vehicle access shall not be converted to a loading dock. The addition or conversion of loading docks shall be subject to the approval the Planning Division; (Planning)
11. That perimeter fencing and gates shall be constructed of solid materials to screen loading dock areas from public view; (Planning)
12. That truck, trailers and shipping/cargo containers shall not be parked or stored within designated parking spaces or on the street; (Planning)
13. That materials, product inventories, cargo, pallets, and loading equipment shall be stored inside the building and shall not be stored within the parking lot areas, loading docks or outside of the building; (Planning)
14. That all loading and unloading operations shall be performed within the building and directly into trucks at approved loading dock areas; (Planning)
15. That all trucks and shipping containers shall be stored within designated truck courts and limited to the approved loading bays; (Planning)
16. That no stacking of shipping containers or similar shall be permitted; (Planning)
17. That no truck terminal, truck stop, or similar operations shall be permitted; (Planning)
18. That no truck rental, truck maintenance operation, or similar use shall be permitted; (Planning)
19. That no fuel facilities, other than propane tanks, shall be permitted, and that the location of such tanks shall not be visible from Western Avenue or Mullin Avenue; (Planning) 20 . That no vending machines, publication racks, telephones, kiosks, donation bins and similar items shall be permitted outside of the building; (Planning) 21 . That no chain link fence or similar fence type shall be used where visible from Western Avenue or Mullin Avenue; (Planning)
22 . That a roof plan shall be submitted to the Community Development Department for approval prior to issuance of any building permits associated with the project. The roof plan shall ensure that all roof appurtenances, such as ducts and vents, all mechanical equipment on the roof shall be completely screened from public view with materials compatible with the building. Such equipment or screening materials shall be constructed in such a manner that noises emanating from the roof appurtenances shall not be audible beyond the property lines; (Planning)
23. That an exterior photometric lighting plan, in compliance with the California Green Code (CGC), shall be submitted to the Community Development Department for approval prior to the issuance of any building permits. The lighting plan shall ensure that all parking areas and pathways are provided with adequate illumination, security lights shall be non-glaring, all building lighting shall be shaded and reflected to prevent excess lighting and glare onto adjacent uses and public streets, the light fixtures in the parking areas shall be positioned in line with the parking striping so as not to prevent vehicle overhang, and demonstrate that proposed lighting will not exceed one foot car1dle at property line to the satisfaction of the Community Development Director; (Planning)
24. That a minimum of nine (9) Level 2 Electric Vehicle (EV) Charging Stations shall be installed within the on-site parking area and shall be operable at the Final Inspection to the satisfaction of the Community Development Director; (Planning) 4 •
25. That a Landscape Plan Review application and landscape and irrigation plans shall be submitted to the Community Development Department for approval prior to issuance of any building permits associated with the project. The landscape plan shall include the parkways along Western Avenue and Mullin Avenue, implemented prior to occupancy and maintained to the satisfaction of the Community Development Director. The landscape plan shall utilize drought tolerant California friendly vegetation, shade-producing trees, and provide a state- of-the-art water saving irrigation system and/or drip irrigation system for landscape areas.
The planting arrangement shall include tree wells provided in the parking areas to plant a tree at a ratio of one tree for every six parking spaces, screening of all transformers and trash enclosure within the parking areas, and provide landscaping of sufficient height and texture to provide an effective screen from headlights positioned toward the adjacent uses and street frontages. The landscape plan shall comply with the 2015 State Water Efficient Landscape Ordinance; (Planning)
26. That landscaping and parkway shall be installed in compliance with Torrance Center Design Guidelines with the exception of any setback Waivers have been granted by the Planning Commission; (Planning)
27. That the location of any electrical transformer(s), backflow preventer, double detector check assembly, etc., shall be shown on the final working drawings and landscape plans, and shall be screened from public view or undergrounded, if applicable, to the satisfaction of the Planning Manager prior to the issuance of Building Permits. Electrical transformers shall not be located within the front/street setback areas, and the applicant shall work with Fire, Engineering, and Planning staff for the siting and painting of exterior equipment. Any equipment that is required to be sited above ground shall be screened with enclosures that match the materials and finishes of the main building facades and/or vegetation; (Planning)
28. That the project shall provide a utility management plan that establishes the placement, design, and screening/camouflaging of all utility and related equipment including but not limited to: transformers, panels, meters, backflow preventers, double detector check assembles, sprinkler risers, etc. Screening shall comply with all utility company access requirements. All related mounting or ancillary equipment such as conduit and piping, etc. shall be screened or painted, to the satisfaction of the Community Development Director; (Planning)
29. That equipment that can be stored inside the structure, such as Fire/sprinkler risers, shall be located indoors, to the satisfaction of the Community Development Director; (Planning)
30. That all electrical switch gear cabinets, fire risers, etc. shall be designed within the interior of the subject building, and shall be shown on the final Building plans, and that any exterior doors//walls for this equipment shall be designed as an integral part of the fagade, matching color, finishes and materials to the satisfaction of the Community Development Director; (Planning)
31. That the existing Tipuana Tipu street trees along Western Avenue and Mullin Avenue shall not be removed and be preserved to the extent possible during demolition of the existing building and construction of the new building. The landscape plan shall identify the location of all existing Tipuana Tipu trees on the property, trees that will be preserved and trees that will be removed due to construction; (Planning)
32. That a roll-up door shall be installed for the trash enclosure; (Planning)
33. That all proposed ground or roof-mounted mechanical or electrical equipment, appurtenances, and vents shall be screened from public view to the satisfaction of the Planning Manager; (Planning)
5 34. That the applicant shall submit payment of the Development Impact Fee for Commercial General development prior to building permit issuance; (Planning)
35. That the applicant shall demonstrate compliance with the City's Transportation Demand Management (TOM) Ordinance; (Transportation)
36. That a site-wide signing and striping plan complete with, but not limited to pedestrian signage and way finding, stop control signs and pavement markings, and directional markings and advanced signage to indicate right turn only onto Western Avenue from southerly driveway shall be provided; (Transportation)
37. That the vehicular gate at Mullin Avenue shall be remain open during business hours or if the gates are opened and closed during business hours, the gates relocated farther to the east so a vehicle can queue on site and not in the public right-of-way as it waits for the gate to open. Vehicular gates shall swing open into the property and not swing open into the public right-of-way or towards vehicles entering the site, or shall be rolling/sliding gates; (Transportation)
38. That egress shall be restricted to "Right Turn Only" for all Western Avenue driveways. "Right Turn Only" signage shall be installed for all Western Avenue driveways; (Transportation)
39. That the project shall comply with Tier 1 Level from the California Green Code; (Building)
40. That the existing driveway on Western Avenue shall be reconstructed to a commercial radius type driveway, minimum 30 feet wide, with depressed back of walk and wheelchair ramps; (Engineering)
41. That damaged sidewalk along Mullin Avenue and along Western Avenue possibly caused by existing trees on private property. Contact the Streetscape Division of the Torrance Public Works Department at 310-781-6900 for any proposed tree removals along Mullin Avenue or along Western Avenue; (Engineering)
42. That the developer shall grant a cross access easement for ingress, egress, and drainage purposes for the property to the north; (Engineering)
43. That prohibited signs shall include the following: all A-frame and portable signs placed outside of the tenant space; bow or flag banners; air-assisted signs; persons holding signs; signs placed in landscaping or attached to utility or light poles; signs placed on vehicles or on the roof of the building; and any signs with electronically changeable or moving copy; (Code Enforcement/Environmental)
44. That all signs (new, modified or revised) shall be approved by the Code Enforcement Division with appeal rights to the Planning Commission, or comply with the previously sign program; (Code Enforcement/Environmental)
45. That minimum nine-inch contrasting address numerals shall be provided for non-residential uses; (Code Enforcement/Environmental)
46. That roof top numbers shall be installed to assist law enforcement and other emergency personnel locate the property. The numbers sball be four feet high and two feet wide, space 12 inches apart, be parallel to the street and be a non-reflective color that contrasts the color of the roof; (Code Enforcement/Environmental, Police)
47. That all trash shall be kept in an enclosure that is bounded on three sides by a decorative wall, decorative trellis and solid doors and shall be constructed of materials and of a design, color and texture which is architecturally compatible with the buildings and structures on the property; (Code Enforcement/Environmental)
6 48. That the trash enclosure shall have a metal barrier roof covering to prevent rainwater intrusion and meets current NPDES requirements; (Code EnforcemenUEnvironmental)
49. That bins/containers shall be provided within the trash enclosure for the storage and retrieval of trash and recyclable materials; (Code EnforcemenUEnvironmental)
50. That bicycle rack(s) shall be installed and placement plan and rack details shall be submitted to the satisfaction of the Code Enforcement/Environmental Division; (Code EnforcemenUEnvironmental)
51. That upon completion of the project, the applicant shall hire a Certified Access Specialist (CASp) to verify that project(s) are in compliance with California Building Code. All deficiencies shall be addressed to the satisfaction of the Building Official. The CASp report with full compliance shall be submitted prior to Final Inspection approval; (Building, Grading)
52. That the business name and address shall be visible from the street; (Police)
53. That non-glare security lighting shall be installed for the parking lot; (Police)
54. That video surveillance cameras shall be installed to monitor parking lot, building entry/exit points, cash handling areas and outdoor dining area; (Police)
55. That knox box lock with access to Police and Fire departments shall be provided for any secured vehicle gates or main entrance doorways in the event of emergency; (Police)
56. That all loading and unloading activities shall be completed on the property; (Police)
57. That a hydrology study shall be submitted to and approved by the Community Development Department -Engineering Division prior to approval of the Grading plan. The study shall include method of detaining the difference between the 10-year and 50-year storm.
Determine proposed building finished floor elevation with adequate freeboard; (Engineering-Water/Wastewater Systems)
58. That a fire meter and DCDA shall be installed at each fire service connection to public main, if on-site fire hydrants are installed; (Engineering-Water/Wastewater Systems)
59. That existing backflow preventers and existing public fire hydrants along Mullin Avenue shall be upgraded to the current City Standards, when applicable; (Engineering- Water/Wastewater Systems)
60. That a dedicated water meter and RP shall be provided for landscape irrigation; ( Eng ineeri ng-Water/W astewater Systems)
61. That at least one 3 port fire hydrant with break-off check valve shall be installed near middle of the lot on Western Avenue; (Engineering-Water/Wastewater Systems)
62. That empty meter box shall be removed on Mullin Avenue; (Engineering-Water/Wastewater Systems)
63. That existing water vault shall be removed from sidewalk and located to parkway area on Mullin Avenue; (Engineering-Water/Wastewater Systems)
7 64. That all proposed and/or existing water meters larger than 2", double check detector assemblies and reduce pressure backflow assemblies shall be located above ground on private property near the public right-of-way and shall be screened from public view with approved plant material. Final location of said facilities and landscape screening shall be incorporated into water, fire and landscape plan for review prior to Building Permit Issuance.
Landscape screening shall provide access to water and fire department at all times and be maintained diligently to the satisfaction of the Fire Marshal; (Engineering-Water/Wastewater Systems)
65. That all connections for water service shall be made to the stub outs provided (unless stub outs are undersized). If existing stub outs are not used, they shall be abandoned at the main; (Engineering-Water/Wastewater Systems)
66 . That within 30 days of the final public hearing, the applicant shall remove the "Public Notice" sign to the satisfaction of the Community Development Director; (Planning) and
67. That all conditions of all other City departments received prior to or during the consideration of this case by the Planning Commission shall be met.
INTRODUCED, APPROVED, and ADOPTED this 9th day of May 2023.
APPROVED AS TO FORM:
Patrick Q. Sullivan, City Attorney
r George K. Chen
ATTEST:
, City Clerk
TORRANCE CITY COUNCIL RESOLUTION NO. 2023 -47
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF TORRANCE
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I, Rebecca Poirier, City Clerk of the City of Torrance, California, do hereby certify that the foregoing resolution was duly introduced, approved, and adopted by the City Council of the City of Torrance at a regular meeting of said Council held on the 9th day of May 2023 by the following vote:
AYES: COUNCILMEMBERS Griffiths, Kaji, Kalani, Lewis, Mattucci, Sheikh, and Mayor Chen.
NOES: COUNCI LMEMBERS None.
ABSTAIN: COUNCI LMEMBERS None.
ABSENT: COUNCILMEMBERS None.
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Date : _@---+-ti l 0;,,---IJJ __
Reb
City f Torrance
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