HomeMy WebLinkAboutJune 15, 2011 AgendaAGENDA
REGULAR MEETING
DOWNEY CITY PLANNING COMMISSION
WEDNESDAY, JUNE 15, 2011
CITY COUNCIL CHAMBER, 11111 BROOKSHIRE AVENUE
DOWNEY, CALIFORNIA
6:30 P.M.
I. CALL TO ORDER A REGULAR MEETING OF THE PLANNING COMMISSION AT 6:30 P.M.
II. COMMISSIONERS: Hector Lujan, District 5
Ernie Garcia, District 4
Louis Morales, District 3
Michael Murray, District 1, Vice - Chairman
Robert Kiefer, District 2, Chairman
III. MINUTES: June 1, 2011
IV. AGENDA CHANGES:
V. REPORT ON CITY COUNCIL ACTION:
VI. CONSENT CALENDAR ITEMS:
None
VII. PUBLIC HEARING ITEMS: RECOMMENDED ACTIONS
1. PLN -11 -00088 (CONDITIONAL USE PERMIT)
Location: 10901 Florence Avenue
Owner /Applicant: Southern California Edison
Authorized Agent: Aaron Anderson
Staff: Jessica Flores
CEQA: As required by the California Environmental Quality Act (CEQA), a
Negative Declaration of Environmental Impact has been prepared
for this application and is available for review.
Request: A requested Conditional Use Permit to install, maintain and operate Approve
a new wireless telecommunication facility located on an existing
Southern California Edison high voltage transmission tower
(9 antennae) and the installation of six (6) equipment cabinets
located beneath the tower, on property zoned C -2 (General
Commercial).
2. PLN -11 -00069 (CONDITIONAL USE PERMIT)
Location: 12348 Paramount Boulevard
Owner /Applicant: Archdiocese of Los Angeles
Authorized Agent: Justin Robinson
Staff: Kevin Nguyen
CEQA: As required by the California Environmental Quality Act (CEQA),
this request has been found to be Categorically Exempt from CEQA,
per CEQA Guidelines, Section 15301 (Class 1, Existing Facilities).
Request: A Conditional Use Permit request by AT &T Wireless
Communications to install 12 antenna panels at a height of
47' -4" within an existing 61' -3" tall church (St. Raymond's) bell
tower and locate the related equipment cabinets with a new
equipment shelter constructed adjacent to the tower on property
zoned R1 -5,000 (Single Family Residential).
Approve
Planning Commission Agenda
Page 2
3. PLN -11 -00091 (CONDITIONAL USE PERMIT)
Location: 12056 Paramount Boulevard
Owner /Applicant: Chad J. Dohrman /Dohrman Construction, Inc.
Authorized Agent: Agostino Costa /Cafe Corleone
Staff: Kevin Nguyen
CEQA: As required by the California Environmental Quality Act (CEQA),
this request has been found to be Categorically Exempt from CEQA,
per CEQA Guidelines, Section 15301 (Class 1, Existing Facilities).
Request: A Conditional Use Permit request to allow the sale of alcohol
beverages (Type 47 — On Sale, General Eating Place) at a new
restaurant, on property zoned C -1 (Neighborhood Commercial).
NOTICE: SECTION 9806 - APPEALS.
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June 1,2011
VII. PUBLIC HEARING ITEMS: RECOMMENDED ACTION
Approve
4. PLN -11 -00125 (SITE PLAN REVIEWI
Location: 9715 Firestone Boulevard
Owner /Applicant: City of Downey
Authorized Agent: Paul Antepara /Champion Fiat
Staff: David Blumenthal
CEQA: As required by the California Environmental Quality Act (CEQA),
this request has been found to be Categorically Exempt from CEQA,
per CEQA Guidelines, Section 15301, (Class 1, Existing Facilities).
Request: A requested Site Plan Review to construct a 3,038 sq. ft. addition Approve
to an existing 12,129 sq. ft. building for Champion Fiat and a
General Plan consistency allowing the City to sell the subject site,
on property zoned C -2 (General Commercial).
VIII. ORAL COMMUNICATIONS:
IX. OTHER BUSINESS: Presentation of Census 2010
X. ITEMS FOR FUTURE AGENDA:
XI. ADJOURNMENT: To June 15, 2011 at 6:30 p.m. at Downey City Hall, 11111 Brookshire Avenue,
Downey, Ca.,
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in
this meeting, you should contact the Planning Division office at (562) 904 -7154 (voice) or the
California Relay Service. Notification 48 hours prior to the meeting will enable the City to make
reasonable arrangements to assure accessibility to this meeting. Supporting data for items included in
this agenda is available for public review and inspection in the office of the Planning Division during
regular workday hours between 8:00 a.m. and 5:00 p.m., and in the City Library during regular hours.
Any person aggrieved or affected by any final determinations of the Commission concerning an application for action of an
administrative nature, including a variance or a permit, or any condition or requirement thereon, or upon the failure of the
Commission to make its findings and determinations within thirty (30)days after the closure of the hearing thereon, no later
than fifteen (15) calendar days, (Exception: subdivisions. no later than ten (10) calendar days) after the date of the
decision or of the Commission's failure to make a determination, may file with the City Clerk a written notice of appeal
therefrom to the Council. Such appeal shall set forth specifically wherein it is claimed the Commission's findings were in
error, and wherein the decision of the Commission is not supported by the evidence in the matter, and wherein the public
necessity, convenience, and welfare require the Commission's decision to be reversed or modified.
MINUTES
REGULAR MEETING
DOWNEY CITY PLANNING COMMISSION
WEDNESDAY, JUNE 1, 2011
CITY COUNCIL CHAMBER, 11111 BROOKSHIRE AVENUE
DOWNEY, CALIFORNIA
6:30 P.M.
I. A Regular meeting of the Planning Commission was held June 1, 2011. After the Pledge of Allegiance
to the Flag, roll was called at 6:30 p.m.
II. COMMISSIONERS PRESENT: Ernie Garcia, District 4
Michael Murray, District 1, Vice - Chairman
Hector Lujan, District 5
Robert Kiefer, District 2, Chairman
COMMISSIONER ABSENT: Louis Morales, District 3
ALSO PRESENT:
Brian Saeki, Director of Community Development
Yvette M. Abich Garcia, City Attorney
David Blumenthal, Senior Planner
Kevin Nguyen, Assistant Planner
Theresa Donahue, Secretary
III. MINUTES: It was moved by Murray, seconded by Commissioner Garcia and passed by a 3-
0-1-1 vote, with Commissioner Lujan abstaining, and Morales absent, to approve the Minutes of May
18, 2011. Prior to the vote, Chairman Kiefer addressed a matter from the previous meeting: the
condition of the parking lot for the property 8828 Imperial Highway (PLN -11- 00074 - Conditional Use
Permit). Chairman Kiefer noted that he had inspected the property sometime after the meeting and
could now agree with staff's position and wished to make it a matter of record that the parking lot in
front of the proposed barber shop was in need of improvement.
IV. AGENDA CHANGES: Community Development Director Saeki stated there were no changes to
the agenda.
V. REPORT ON CITY COUNCIL ACTION: Community Development Director Saeki stated that the
City Council, during their regular meeting held May 24, 2011, adopted a Resolution denying the
appeal and upholding the Planning Commission's decision to allow the expansion of Conditional
Use Permit No. 08 -62 (PLN -10- 08161), thereby increasing the number of participants at an adult
daycare facility (AltaMed) from 127 to 160, on property located at 12130 Paramount Boulevard,
zoned C -2 (General Commercial).
VI. CONSENT CALENDAR ITEMS:
1. General Plan consistency finding to determine that disposing of the 16 -space City -owned parking
lot on 2n Street (AIN:6254- 020 -902), located next to the former Verizon building, conforms to the
City's General Plan (Vision 2025).
Community Development Director Saeki provided the report and accompanying PowerPoint to the
Commissioners, which included a review of the actions which had been required to approve the proposed
housing project, both by the Planning Commission and City Council. He noted that the project involves
the City -owned public parking lot under discussion, and that State Law mandates that the Commission
( "planning agency ") report on the conformity to the General Plan of any such property that is being
disposed of. He stated that the staff report provides in what ways disposing of the parking lot to make
way for the "View" is consistent with several goals and policies in the Housing Element of the General
Plan.
PLANNING COMMISSION MINUTES, JUNE 1, 2011 — PAGE 1
Page 2
He then reviewed the site plan and other PowerPoint exhibits that showed the property under discussion,
and how the parcel would be reconfigured into a 10 -foot wide drive aisle adjacent to the housing project's
property line, conveying the balance of that existing parking lot to the City's Community Development
Commission. The property would then be transferred to National CORE in order to develop the 50 -unit
project. Mr. Saeki pointed out that alternative public parking is located across the street (less than 50 feet
away), and along Downey Avenue and Second Street. He noted that those businesses have been aware
that this project would cause the loss of those spaces; that this was not new information to them.
Chairman Kiefer invited members of the audience to address the Commission on this matter. No one
came forward to address the Commission.
Chairman Kiefer asked to affirm that the matter had been noticed. Ms. Donahue noted that Consent
Calendar items do not require advertising in the paper. Community Development Director Saeki
added that the item was provided standard noticing requirements, 72 -hour notice via the posted agenda.
Chairman Kiefer inquired into the specifics relating to the proposed property disposal and the loss of
parking for those businesses along Downey Avenue, adjacent to the parking lot; such as the
negotiations between those property owners. He stated his concern is that the business operators
be familiar with this portion of the project.
Mr. Saeki stated that the business owners /operators were all well aware of the details of the project and
its impacts to their businesses.
Chairman Kiefer closed the public hearing.
Commission discussion:
Commissioner Lujan said that he was ok with the proposal, but wanted to make sure the drive aisle (alley)
would be sufficiently wide for the types of truck traffic that would service those businesses along Downey
Avenue.
Mr. Saeki noted that the 10 to 11 foot wide drive aisle is provided in other locations in the City, and
although the drive aisle is not of full alley width (20- feet), it would allow one -way through traffic, noting that
those businesses (dry cleaning, shoe store, etc.) typically would not require large truck deliveries.
Chairman Kiefer expressed his concern that those business owners (along Downey Avenue) would suffer
from the loss of parking, and wished the Commission had been presented with this portion of the request
when they considered the Site Plan Review in October (2010). Chairman Kiefer stated that the
Commission is entrusted with determining that the action conforms to the City's General Plan and that
while he did not dispute that the transfer of the property will encourage the implementation of in -fill
development and housing for all segments of the City, he believed that the disposal of this property may
create a hardship for the three to five businesses located in the area. Chairman Kiefer stated that the
General Plan also calls for the development and growth of businesses in the downtown. He stated his
concern, that those businesses have room to grow, and where is the lost parking being made up. He said
he'd like to table the matter until those business owner are contacted and the City receives and responds
to their concerns. Chairman Kiefer also emphasized that he does support the "View" housing project, but
is concerned that this project, in its current plan, might be too large for the site.
Commissioner Garcia inquired if the housing project provided sufficient parking on -site.
Community Development Director Saeki responded, noting: 1) The housing project does provide adequate
parking on -site. 2) He understands Chairman Kiefer's concerns and in addition to the parking across the
street, the City has 22 additional public parking spaces nearby, next to the Theatre. 3) The City is working
with the landowner to the east to acquire that entire parcel to make it provide additional public parking.
PLANNING COMMISSION MINUTES, JUNE 1, 2011 — PAGE 2
Page 3
Commissioner Murray commented that although the disposal of this property will be an inconvenience
to the adjacent businesses, they are aware of the proposal and didn't show up (tonight). He noted that
he had even spoken to one of them personally. Commissioner Murray noted that he did not want to
impede the progress of the project; that the project was just too big. He pointed out that those
businesses along Downey would benefit from the 50 -plus residents that would be living at the facility.
It was moved by Commissioner Murray, seconded by Commissioner Garcia and passed by a vote of 3-
1-1, with Commissioners Garcia, Murray and Lujan voting "Yes ", Commissioner Morales absent, and
Chairman Kiefer voting "No ", to adopt a Minute Action, finding the disposal of the City -owned property
to be in conformance with the General Plan.
VII. PUBLIC HEARING ITEMS:
1. PLN -11 -00005 (PLANNED SIGN PROGRAM)
Location: 9400 -9436 Firestone Boulevard
Owner /Applicant: Farsam Samadi, Farsam Capital Group LLC
Authorized Agent: Sean Samadi, Farsam Capital Group LLC
Staff: Kevin Nguyen
CEQA: As required by the California Environmental Quality Act (CEQA), this request
has been found to be Categorically Exempt from CEQA, per CEQA Guidelines,
Section 15301, (Class 1, Existing Facilities).
Request: A requested Planned Sign Program to approve the size, location and
appearance of the signs within a multi- tenant commercial shopping center
on property zoned C -2 (General Commercial).
Chairman Kiefer opened the public hearing for PLN -11 -00005 (Planned Sign Program). Ms. Donahue
affirmed proof of publication.
Kevin Nguyen, Assistant Planner, presented staff's report and accompanying PowerPoint. He indicated
staff was able to support the request as requested, since the only change to the existing monument signs
will be the number of tenants on the sign will increase from two to six on each of the two monument signs
shown on the site plan and labeled numbers 1 & 4.
Chairman Kiefer clarified the height of the (existing) monument signs is eight (8') feet, including the base
and it will not be structurally modified.
Sean Samadi, applicant's agent addressed the Commission, noting that staff had provided the report
accurately and he had nothing more to add. He stated that it was their intent to provide better visibility of
the existing tenants to the street traffic along Firestone Boulevard and Woodruff Avenue. Mr. Samadi
stated that he had read and agreed to all recommended conditions of approval.
Chairman Kiefer asked staff if any correspondence had been received on this matter. Mr. Nguyen
responded, one letter had been received and had been included in staff's report. It did not, however,
address any actual concerns related to the sign request.
Chairman Kiefer invited members of the audience to address the Commission. No one came forward at
this time.
Planning Commission discussion:
Commissioner Murray stated that he supported the requested sign changes, noting it falls within the Code.
He commented that he was disgusted by the correspondence from the resident which had been included
in the Commissioners' packets, whereby he made racial slurs against persons of Iranian, Iraqi, Palestinian
descent, based on the name of the applicant. He stated that he has family with Middle Eastern descent
and found this person's comments very offensive.
PLANNING COMMISSION MINUTES, JUNE 1, 2011 — PAGE 3
Page 4
Commissioners Garcia and Lujan echoed their support.
Chairman Kiefer stated that he was in favor; believed the signs would enhance the property and provide
additional marketing support.
It was moved by Commissioner Lujan, seconded by Commissioner Murray and passed by a vote of 4 -0 -1,
with Commissioner Morales absent, to adopt Resolution No. 11 -2714 approving PLN -11 -00005 (Sign).
Chairman Kiefer stated the action of the Planning Commission will be final unless the matter is
appealed to the City Council, with the appropriate fee, within the specified time period as set forth in
the City's Ordinance.
2. PLN -11 -00107 (SPECIAL EVENT)
Location: 10830 Downey Avenue
Owner /Applicant: Saint George Greek Orthodox Church, Inc.
Authorized Agent: Christina Davilas
Staff: Kevin Nguyen
CEQA: As required by the California Environmental Quality Act (CEQA), this request
has been found to be Categorically Exempt from CEQA, per CEQA Guidelines,
Section 15304 (Class 4, Minor Alterations to Land).
Request: A requested Special Event to allow an annual carnival, which will include: kids'
zone, music and dance performances, along with a variety of food and alcoholic
beverages at the Saint George Greek Orthodox Church for Saturday, June 4
and Sunday June 5, on property zoned DDSP (Downtown Downey Specific
Plan).
Chairman Kiefer opened the public hearing for Special Event, PLN -11- 00107. Ms. Donahue affirmed
proof of publication.
Assistant Planner, Kevin Nguyen presented staff's report and accompanying PowerPoint for the proposed
annual carnival and noted staff supported the requested special event with the conditions of approval as
provided in the attached Resolution, No. 11 -2715. Mr. Nguyen pointed out additional nearby parking lots
that had been secured that have been provided near to the site. In addition, he noted that three on -site
security personnel would be attendance.
Christina Davilas, 10925 Pangborn Avenue, Downey addressed the Commission. She stated that she had
nothing to add, other than that they had no problems or complaints made to the police at last year's event.
In addition she responded that they had reviewed staff's recommendation and conditions of approval, and
she stated they were in agreement. She affirmed that their annual event has gone on for 30 years.
Commissioner Murray reminded Ms. Davilas that it is requested that church staff pick up trash after
attendees depart. Ms. Davilas fully agreed. She added that they have letters from the neighboring
churches to allow their patrons to use those parking lots.
Chairman Kiefer asked if any correspondence had been received. Mr. Nguyen stated that no
correspondence had been received on this item.
Chairman Kiefer invited members of the audience to address the Commission. There were no persons
coming forward at this time.
Chairman Kiefer closed the public hearing.
PLANNING COMMISSION MINUTES, JUNE 1, 2011 — PAGE 4
Page 5
Commissioner comments:
The Commissioners were in agreement that the festival has been an enjoyable event for the community;
that potential concerns seem to have been addressed; that the good food is something they look forward
to; that the facility is clean and enjoyed by family and friends; and the community was fortunate to be able
to enjoy it each year.
It was moved by Commissioner Kiefer, seconded by Commissioner Murray and passed by a vote of 4 -0 -1,
with Commissioner Morales absent, to adopt Resolution No. 11 -2715, approving PLN -11 -00107 (Special
Event).
Chairman Kiefer stated the action of the Planning Commission will be final unless the matter is
appealed to the City Council, with the appropriate fee, within the specified time period as set forth in
the City's Ordinance.
3. PLN -11 -00098 (CONDITIONAL USE PERMIT)
Location:
Owner /Applicant:
Authorized Agent:
Staff:
CEQA:
Request:
9968 Lakewood Boulevard
Kitsigianis Properties, LLC
Flower Huizar
David Blumenthal
As required by the California Environmental Quality Act (CEQA), this request
has been found to be Categorically Exempt from CEQA, per CEQA Guidelines,
Section 15301 (Class 1, Existing Facilities).
A Conditional Use Permit request to establish a tanning salon business on
property zoned C -2 (General Commercial)
Chairman Kiefer opened the public hearing for PLN -1 -00098 (Conditional Use Permit). Ms. Donahue
affirmed proof of publication.
Commissioner Murray stated that due to a potential conflict of interest (proximity to his business), he
would be abstaining on this item. He stepped down from the dais and left the Council Chambers.
Senior Planner, David Blumenthal, presented staff's report and accompanying PowerPoint. He noted that
staff was able to make findings in a positive manner to support the requested Conditional Use Permit to
allow a tanning salon at the subject site, with the conditions of approval that are attached as Exhibit A of
Resolution No. 11 -2716. Mr. Blumenthal stated that one of the conditions addresses limiting the noise
impact to neighboring residential, by requiring that the rear door remain closed. He also explained that the
on -site parking is sufficient, and with the requested use, the demand on parking is actually reduced. Mr.
Blumenthal pointed out a clarification in the language for Condition No. 10, which reads, "No more than
one person shall be allowed in the tanning room at any given time. This shall not apply to an employee
who is instructing a customer on how to use the equipment while the room is open ". He asked to add,
"during maintenance or repair, in cases of emergency, or within the manual tanning room."
Chairman Kiefer inquired if the tanning salon was associated at all with the foot massage business in the
same center.
Mr. Blumenthal responded that they were not related. In addition, he noted that the same applicant had
secured an approval for the center off Gallatin and Lakewood, but those negotiations fell through.
The applicant's representative, Porietsio Servano, 151 -1/2 E. Rowland, Covina addressed the
Commission. He stated that he accepted the modification to Condition No. 10. He also asked to clarify if
the City was using the 2007 Fire Code, as stated in the report, or the 2010 Fire Code?
Mr. Blumenthal affirmed that the City was using the 2007 State Fire Code at this time.
PLANNING COMMISSION MINUTES, JUNE 1, 2011 — PAGE 5
Page 6
Chairman Kiefer inquired into whether the applicant has any other tanning salons in the City.
Mr. Servano responded, to the best of his knowledge, this is her first salon in Downey.
Speaking from the audience, George Cervantes stated that this is Ms. Huizar's first salon.
Chairman Kiefer asked for correspondence.
Mr. Blumenthal said there was no correspondence.
Chairman Kiefer invited members of the audience to speak, either in favor or opposition.
Representing the owner, Jim Gotses, 24756 Persieus Ct., Mission Viejo, leasing agent for the property
addressed the Commission. He noted that he had been working with the applicant for the past six months
and he believed she was capable and would make a good tenant. He stated that they have been
operating at 70% tenancy, but that they have been picking up traction lately. He said that they were very
pleased to have Ms. Flowers as a tenant.
There being no further comments, Chairman Kiefer closed the public hearing.
Commission comments:
The Commissioners stated their support, noting that the applicant has a strong desire to succeed at this
location.
It was moved by Chairman Kiefer, seconded by Commissioner Garcia and passed by a vote of 3- 0 -1 -1,
with Commissioner Murray abstaining and Commission Morales absent, to adopt Resolution No. 11 -2716,
approving PLN -11 -00098 (Conditional Use Permit), with the modification to Condition No. 10.
Chairman Kiefer stated the action of the Planning Commission will be final unless the matter is appealed
to the City Council, with the appropriate fee, within the specified time period as set forth in the City's
Ordinance.
VIII. ORAL COMMUNICATIONS: No persons from the audience addressed the Commission.
IX. OTHER BUSINESS: The Commissioners discussed numerous sites of the City:
1. Chairman Kiefer asked staff to check into a massage business which was using hand -held signs at
11942 Paramount Boulevard, behind the 99 -cent store.
Community Development Director Saeki provided updates, as follows:
1) He was working on getting the police and fire activities for 2010 reports which they had requested;
2) Staff will be bringing the Tierra Luna Specific Plan to the Commission late July or August. The Tierra
Luna site encompasses the Downey Studios site; 88- acres, 1,500,000 square feet of proposed
office /retail /entertainment.
3) He stated that meetings are being scheduled with Administrators of the County offices regarding their
plans on the County campus, off Imperial, which includes a proposed data center, but still leaves many
acres for development.
Commissioner Lujan inquired what plans the City might have to incorporate more walking paths or new
parks in the City. Community Development Director Saeki responded, that Downtown Downey Specific
Plan identifies some walk able pocket park areas; and the City is looking to enhance the current parks;
however, there hasn't been talk recently about adding new park areas.
PLANNING COMMISSION MINUTES, JUNE 1, 2011 — PAGE 6
Page 7
X. ITEMS FOR FUTURE AGENDA: No further discussion was had.
XI. ADJOURNMENT: There being no further business to come before the Planning Commission,
Chairman Kiefer adjourned the meeting at 7:20 p. m., to June 15, 2011 at 6:30 p.m. at Downey City
Hall, 11111 Brookshire Avenue, Downey, Ca.,
APPROVED AND ADOPTED this 15th day of June, 2011.
AYES: COMMISSIONERS:
ABSENT: COMMISSIONER:
ABSTAIN: COMMISSIONERS: Morales
NOES: COMMISSIONERS:
Robert Kiefer, Chairman
CITY PLANNING COMMISSION
I HEREBY CERTIFY that the foregoing Minutes were duly approved at a Regular meeting of the
Planning Commission held on the 1st day of June, 2011, by the following vote:
Theresa Donahue, Secretary
CITY PLANNING COMMISSION
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PLANNING COMMISSION MINUTES, JUNE 1, 2011 — PAGE 7
STAFF REPORT
DATE: JUNE 15, 2011
TO: PLANNING COMMISSION
FROM: BRIAN SAEKI, DIRECTOR OF COMMUNITY DEVELOPMENT
JESSICA J. FLORES, ASSOCIATE PLANNER
SUBJECT: PLN -11 -00088 (CONDITIONAL USE PERMIT) — ADOPTA NEGATIVE
RESOLUTION AND APPROVE THE INSTALLATION, MAINTAINANCE, AND
OPERATION OF A NEW WIRELESS TELECOMMUNICATION FACILITY (9
ANTENNAE) ON AN EXISTING SCE HIGH VOLTAGE TRANSMISSION TOWER,
AND THE INSTALLATION OF SIX (6) NEW EQUIPMENT CABINETS BENEATH
THE TOWER ON PROPERTY LOCATED AT 10901 FLORENCE AVENUE,
ZONED C -2 (GENERAL COMMERCIAL).
CEQA
In accordance with the provisions of the California Environmental Quality Act (CEQA), staff
prepared an Initial Study for a Negative Declaration of Environmental Impact (attached hereunto
as Exhibit 3). Although CEQA identifies a number of statutory and categorical exemptions, the
proposed wireless communications facility does not qualify for a CEQA exemption.
Nevertheless, as a result of the analysis contained in the Initial Study, it is staff's opinion that the
proposed project would not have a significant effect on the environment resulting in the
recommended Negative Declaration.
RECOMMENDATION
Staff recommends that the Planning Commission adopt the following titled resolution:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY ADOPTING A
NEGATIVE DECLARATION AND APPROVING PLN 11 -00088 (CONDITIONAL USE PERMIT),
ALLOWING THE INSTALLATION, MAINTAINANCE, AND OPERATION OF A NEW WIRELESS
TELECOMMUNICATION FACILITY (9 ANTENNAE) ON AN EXISTING SCE HIGH VOLTAGE
TRANSMISSION TOWER, AND THE INSTALLATION OF SIX (6) EQUIPMENT CABINETS
BENEATH THE TOWER ON PROPERTY LOCATED AT 10901 FLORENCE AVENUE, ZONED
C -2 (GENERAL COMMERCIAL).
CODE AUTHORITY
The applicant is making their request pursuant to the provisions of Municipal Code Sections
9318.04 and 9426, which allow the operation of a wireless communication facility subject to the
PLANNING DIVISION
CITY OF DOWNEY, CALIFORNIA
approval of a Conditional Use Permit. The Planning Commission's authority to consider the
request is set forth in Municipal Code Section 9824 (Conditional Use Permit).
SITE LOCATION
10901 Florence Ave
SITE DESCRIPTION
A. Subject Property
1. Property Information
Site Location:
2. Applicant Information
Owner:
Representative:
3. CEQA Determination:
4. Noticing Information
Applicant Notification:
Required Action Date:
PLN -1 1 -00088 —1 0901 Florence Ave.
June 15, 2011 - Page 2
10901 Florence Ave.
(Al N: 6391 - 026 -805)
Southern California Edison Co.
4900 Rivergrade Road
Bldg. 2 -B, 1S Floor
Irwindale, CA 91706
Aaron Anderson
Sequoia Deployment Services, Inc.
One Venture, Suite 200
Irvine, CA 92618
Negative Declaration
April 29, 2011
October 21, 2011
B. Surrounding Properties
DISCUSSION
Zone
North N/A
East N/A
South C -2 (General Commercial)
West N/A
C. Site Photograph
Use
High voltage transmission towers
Caltrans maintenance facility and 1-
605 freeway
Wilderness Park
San Gabriel River
South View of Subject Site
The subject property is located at 10901 Florence Ave. and is zoned C -2 (General Commercial). It
is a triangular- shaped, 47,000 sq. ft. lot that is located on the north side of Florence Avenue, just
west of the Interstate 605 freeway. The site is currently improved with a high voltage transmission
tower. Adjacent to the subject site is also a Caltrans maintenance facility.
The applicant, Aaron Anderson [Sequoia for T- Mobile], is proposing construction of a new wireless
telecommunication facility located on an existing SCE high voltage transmission tower. The
wireless telecommunication facility includes a minimal amount of equipment (nine (9) antennae) to
be mounted on the existing SCE tower. It does not require the construction of any additional
structures or poles at the site. In addition, the applicant proposes to install six (6) ground- mounted
equipment cabinets behind a new wrought iron fence, located immediately beneath the tower.
PLN -1 1 -00088 —1 0901 Florence Ave.
June 15, 2011 - Page 3
Per Downey Municipal Code Section 9426.04(6),
All accessory equipment associated with the operation of a wireless communication facility
shall be located within a building enclosure, or in an underground vault [...] If the equipment
is to be located above ground, it shall be housed in a structure that is visually compatible
with the surrounding buildings and include sufficient landscaping to screen the structure
from view."
As such, staff recommends that the proposed wrought iron fence be screened from Florence Ave.
view, with the planting of mature landscape.
FINDINGS
Pursuant to Municipal Code 9824, there are four (4) findings that must be adopted prior to Planning
Commission approving of a Conditional Use Permit. A discussion of the findings follows:
1. That the requested conditional use permit will not adversely affect the purpose and
intent of this chapter or the City's General Plan or the public convenience or general
welfare of persons residing or working in the neighborhood thereof.
General Plan Policy No 2.7.1 states that the City should "Provide adequate utility and
communications infrastructure." Inasmuch as the proposal will increase the capacity of the
existing cellular network, staff believes that this approval will help achieve this policy.
Furthermore, the additional network coverage will serve as a convenience to the public that
utilizes T- Mobile, as it provides them with increased service. Accordingly, staff feels that this
finding can be adopted.
2. That the requested use will not adversely affect the adjoining land uses and the growth
and development of the area in which it is proposed to be located.
The subject site is in a fully developed area of the City. Staff's opinion is that the proposed
tower mounted antennae will not prevent surrounding properties from being developed further.
Aesthetic impact is a common concern with the construction of wireless facilities and the impact
they may have on surrounding properties and the enjoyment of the properties thereof,
particularly residential. To address this concern, the applicant has designed the wireless facility
as part of the SCE high voltage tower. Staff believes that this design will avoid any aesthetic
impacts on the adjoining properties, thereby avoiding adverse affects thereto. As such, staff
feels that this finding can be adopted.
3. That the size and shape of the subject property proposed for the use is adequate to
allow the full development of the proposed use in a manner not detrimental to the
particular area.
The property is a triangular- shaped, 47,000 sq. ft. lot that is located on the north side of
Florence Avenue, just west of the Interstate 605 freeway. The site is currently improved with a
high voltage transmission tower. The location of the antennae and all related equipment will not
reduce the amount of available parking or conflict with on -site circulation. Thus, staff believes
that the subject site has sufficient shape and size to accommodate the proposed use and that
this finding can be adopted.
PLN -1 1 -00088 —1 0901 Florence Ave.
June 15, 2011 - Page 4
4. That the traffic generated by the proposed use will not impose an undue burden upon
the streets and highways in the area.
The proposed project is an unmanned wireless communications facility, which typically only
requires a site visit only once a month for maintenance. It is staff's opinion that this is not a
significant increase in vehicle trips and the adjoining streets have sufficient capacity to absorb
this de minimis amount of vehicles. As such, staff feels that the proposed use will not impose
an undue burden upon the streets and highways in the area and that this finding can be
adopted.
CONCLUSION
Staff supports the proposal and recommends that the Planning Commission adopt a Negative
Declaration and resolution approving PLN -11 -00088 (Conditional Use Permit), allowing the
installation, maintenance, and operation of a new wireless telecommunication facility (9 antennae)
on an existing SCE high voltage transmission tower, and the installation of six (6) new equipment
cabinets beneath the tower on property located at 10901 Florence Avenue, zoned C -2 (General
Commercial).
PLN -1 1 -00088 —1 0901 Florence Ave.
June 15, 2011 - Page 5
RESOLUTION NO. 11 -2717
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
ADOPTING A NEGATIVE DECLARATION AND APPROVING PLN -11 -00088
(CONDITIONAL USE PERMIT), ALLOWING THE INSTALLATION, MAINTENANCE,
AND OPERATION OF A NEW WIRELESS TELECOMMUNICATION FACILITY (9
ANTENNAE) ON AN EXISTING SOUTHERN CALIFORNIA EDISON (SCE) HIGH
VOLTAGE TRANSMISSION TOWER, AND THE INSTALLATION OF SIX (6) NEW
EQUIPMENT CABINETS BENEATH THE TOWER ON PROPERTY LOCATED AT
10901 FLORENCE AVENUE, 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 March 31, 2011, the applicant submitted an application for PLN -11 -00088
(Conditional Use Permit), requesting to construct a new wireless
telecommunication facility (9 antennae) on an existing SCE high voltage
transmission tower, and the installation of six (6) new equipment cabinets
beneath the tower on property located at 10901 Florence Avenue, zoned C -2
(General Commercial); and,
B. On April 29 2011, staff deemed the application, thus allowing it to be scheduled
for public hearing; and,
C. On May 20, 2011, notice of the pending public hearing was sent to all property
owners within 500' of the subject site and the notice was published in the
Downey Patriot. Additionally, pursuant to the requirements of CEQA, a Notice of
Intent to adopt a Negative Declaration was filed with the Los Angeles County
Recorders office on Ma y 19, 2011; and,
D. The Planning Commission held a duly noticed public hearing on June 15, 2011
and after fully considering all oral and written testimony and facts and opinions
offered at the aforesaid public hearing adopted this resolution, subject to
conditions of approval (Exhibit A).
SECTION 2. The Planning Commission further finds, determines and declares that after
preparing an Initial Study in compliance with the requirements of the California Environmental
Quality Act, which found that there would be no significant environmental impacts created by the
proposed Conditional Use Permit, a Negative Declaration was prepared. Based on its own
independent judgment that the facts stated in the initial study are true, the Planning Commission
hereby finds that the approval of the Conditional Use Permit will not have any potential negative
environmental impacts.
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:
1. That the requested conditional use permit will not adversely affect the
purpose and intent of this chapter or the City's General Plan or the public
convenience or general welfare of persons residing or working in the
neighborhood thereof.
General Plan Policy No 2.7.1 states that the City should "Provide adequate utility
and communications infrastructure." Inasmuch as the proposal will increase the
capacity of the existing cellular network, staff believes that this approval will help
Resolution No. 11 -2717
Downey Planning Commission
achieve this policy. Furthermore, the additional network coverage will serve as a
convenience to the public that utilizes T- Mobile, as it provides them with
increased service.
2. That the requested use will not adversely affect the adjoining land uses and
the growth and development of the area in which it is proposed to be
located.
The subject site is in a fully developed area of the City. The proposed tower -
mounted antennae will not prevent surrounding properties from being developed
further. Aesthetic impact is a common concern with the construction of wireless
facilities and the impact they may have on surrounding properties and the
enjoyment of the properties thereof, particularly residential. To address this
concern, the applicant has designed the wireless facility as part of the SCE high
voltage tower. This design will avoid any aesthetic impacts on the adjoining
properties, thereby avoiding adverse affects thereto.
3. That the size and shape of the subject property proposed for the use is
adequate to allow the full development of the proposed use in a manner not
detrimental to the particular area.
The property is a triangular- shaped, 47,000 sq. ft. lot that is located on the north
side of Florence Avenue, just west of the Interstate 605 freeway. The site is
currently improved with a high voltage transmission tower. The location of the
antennae and all related equipment will not reduce the amount of available
parking or conflict with on -site circulation. Thus, the subject site has sufficient
shape and size to accommodate the proposed use.
4. That the traffic generated by the proposed use will not impose an undue
burden upon the streets and highways in the area.
The proposed project is an unmanned wireless communications facility, which
typically only requires a site visit only once a month for maintenance. It is staff's
opinion that this is not a significant increase in vehicle trips and the adjoining
streets have sufficient capacity to absorb this de minimis amount of vehicles. As
such, the proposed use will not impose an undue burden upon the 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 adopts a Negative
Declaration and approves PLN -11 -00088 (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 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 15 of June, 2011.
PLN) -11 -00088 (Conditional Use Permit) — 10901 Florence Ave.
June 15, 2011 - Page 2
Robert Keifer, Chairman
City Planning Commission
Resolution No. 11 -2717
Downey 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 6 day of
October, 2010 by the following vote, to wit:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
PLN) -11 -00088 (Conditional Use Permit) — 10901 Florence Ave.
June 15, 2011 - Page 3
Theresa Donahue, Secretary
City Planning Commission
Resolution No. 11 -2717
Downey Planning Commission
EXHIBIT A — CONDITIONS OF APPROVAL
PLN - 11 - 00088 (CONDITIONAL USE PERMIT)
PLANNING
1) The approval of PLN -11 -00088 (Conditional Use Permit), allows for the installation,
maintenance, and operation of a new wireless telecommunication facility (9 antennae)
on an existing Southern California Edison (SCE) high voltage transmission tower, and
the installation of six (6) new equipment cabinets beneath the tower behind a wrought
iron fence, on property located at 10901 Florence Avenue, zoned C -2 (General
Commercial).
2) Approval of this 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.
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) All conditions of approval for PLN -11 -00088 (Conditional Use Permit) shall be complied
with before the Conditional Use Permit becomes valid.
5) There shall be no more than three (3) sectors with a maximum of four (3) antenna per
sector. This condition of approval shall not be interpreted to prohibit revisions to this
Conditional Use Permit to allow collocations on the cellular tower.
6) The finished antennae color shall match the existing SCE tower.
7) The proposed equipment enclosure shall be screened from view with mature plant
materials to the satisfaction of the Planning Division.
8) The owner /applicant is responsible for all lighting at the proposed cellular tower and
enclosure to conform to Downey Municipal Code standards for outdoor lighting per
Section 9520.06.
BUILDING
9) All construction shall comply with the 2010 California Building Code and Title 24 of the
California Energy Code.
10) Prior to the commencement of construction, 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.
FIRE
11)
The applicant shall provide a Hazardous Materials Disclosure to the satisfaction of the
Fire Department.
12) The applicant shall provide a Knox key access and /or box to the satisfaction of the Fire
Department.
PLN) -11 -00088 (Conditional Use Permit) — 10901 Florence Ave.
June 15, 2011 - Page 4
EXHIBIT 3
NEGATIVE DECLARATION
R -1, 10,000 - SINGLE - FAMILY RESIDENTIAL
C -2 - GENERAL COMMERCIAL
SUBJECT
PROPERTY
I EXHIBIT NO. 1: ZONING MAP
1 PROJECT NO.: PLN -11 -00088 (CONDITIONAL USE PERMIT)
1 PROJECT LOCATION: 10901 FLORENCE AVE.
North
DOWNEY PLANNING DIVISION
SUBJECT
PROPERTY
1 EXHIBIT NO. 2: AERIAL PHOTOGRAPH
PROJECT NO.: PLN -11 -00088 (CONDITIONAL USE PERMIT)
1 PROJECT LOCATION: 10901 FLORENCE AVE.
North
DOWNEY PLANNING DIVISION
I. INTRODUCTION:
1. Project Title:
City of Downey
INITIAL STUDY FOR
NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT
PLN -11 -00088 (Conditional Use Permit) — A request to install, maintain, and operate a new
wireless telecommunication facility (9 antennae) on an existing SCE high voltage transmission
tower, and the installation of six (6) new equipment cabinets located beneath the tower on
property zoned C -2 (General Commercial) located at 10901 Florence Avenue.
2. Lead Agency Name and Address:
City of Downey
Community Development Department, Planning Division
11111 Brookshire Avenue
Downey, CA 90241
3. Contact person and phone number:
Jessica J. Flores, Associate Planner -- (562) 904 -7162
4. Project Location:
10901 Florence Avenue, Downey, CA 90240 (AIN: 6391 - 026 -805)
5. Property Owners and Representatives:
Owner:
Southern California Edison Company
4900 Rivergrade Road, Bldg. 2 -B, 1 Floor
Irwindale, CA 91706
Representative:
Aaron Anderson
Sequoia Deployment Services, Inc.
One Venture, Suite 200
Irvine, CA 92618
6. General Plan Designation:
OS (Open Space)
FUTURE UNLIMITED
CEQA INITIAL STUDY - PLN -11 -00088 1.0 - INTRODUCTION
7. Zoning:
C -2 General Commercial)
8. Description of project:
The proposed project includes construction of a new wireless telecommunication facility (9
antennae) located on an existing SCE high voltage transmission tower. In addition, there is to be
the installation of six (6) new, ground- mounted equipment cabinets behind a new fence
enclosure, located immediately beneath the tower.
9. Description of project site (as it currently exists):
The subject site is a triangular- shaped, 47,000 sq. ft. lot that is located on the north side of
Florence Avenue, just west of the Interstate 605 freeway. The site is currently improved with a
high voltage transmission tower.
10. Description of surrounding properties:
A variety of land uses surround the subject site. A summary of these uses is as follows:
North - The properties to the north of the project site are developed with high voltage
transmission towers; no other structures exist. As such, the properties are not zoned
and do not have a General Plan land use designation. In addition, Interstate 5 and
Interstate 605 intersect just north of the project site.
East - The area to the east of the project site is developed with a Caltrans maintenance facility
and Interstate 605 and as such, does not have a zoning or General Plan land use
designation.
South - The property to the south of the project site is developed with a public park. The
property's zoning is C -2 (General Commercial) and its General Plan land use
designation is OS (Open Space).
West - The area to the west of the project site exists as the San Gabriel River. As such, the
area does not have a zoning or General Plan land use designation.
11. City Characteristics:
The City of Downey is 12.8 square mile community that is located in the southeastern part of Los
Angeles County. According to the 2000 census, the population of the City of Downey is 107,323
persons. The City of Downey is located about 12 miles southeast of downtown Los Angeles and
is bounded by: the Rio Hondo River on the west; Telegraph Road on the north; the San Gabriel
River on the east; and Gardendale Street and Foster Road on the south. Cities bordering
Downey include: Pico Rivera on the north and Santa Fe Springs on the northeast, Norwalk on the
east, Bellflower and Paramount on the south, South Gate on the southwest and west and
Commerce on the northwest.
Regional access to and from the City of Downey is provided by the Santa Ana (1 -5) Freeway;
Glen Anderson Freeway (1 -105) Freeway; the San Gabriel River Freeway (1 -605) Freeways; and
the Long Beach Freeway (1 -710); and MTA Green Line Light Rail passenger train services at the
Lakewood Boulevard station.
12. Other public agencies whose approval is required: (e.g., permits, financing approval, or
participation agreement.)
None
City of Downey Page 2 May 19, 2011
CEQA INITIAL STUDY - PLN -11 -00088 2.0 - ENVIRONMENTAL CHECKLIST
II. ENVIRONMENTAL CHECKLIST OF POTENTIALLY AFFECTED ISSUES:
The environmental factors checked below would be potentially affected by this project, involving at least
one impact that is a "Potentially Significant Impact" as indicated by the checklist in section III.
❑ Aesthetics ❑ Land Use and Planning
❑ Agriculture Resources ❑ Mineral Resources
❑ Air Quality ❑ Noise
❑ Biological Resources ❑ Population and Housing
❑ Cultural Resources ❑ Public Services
❑ Geology and Soils ❑ Recreation
❑ Hazards & Hazardous Materials ❑ Transportation /Traffic
❑ Hydrology & Water Quality ❑ Utilities & Service Systems
❑ Mandatory Findings of Significance
DETERMINATION: (To be completed by the Lead Agency)
On the basis of this initial evaluation:
0
I find that the proposed project COULD NOT have a significant effect on the environment, and a
NEGATIVE DECLARATION will be prepared.
I find that although the proposed project could have a significant effect on the environment,
there will not be a significant effect in this case because the mitigation measures described on
an attached sheet have been added to the project. A NEGATIVE DECLARATION will be
prepared.
I find that the proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
I find that the proposed project MAY have a significant effect(s) on the environment, but at lease
one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal
standards, and 2) has been addressed by mitigation measures based on the earlier analysis as
described on attached sheets, if the effect is a "potentially significant impact" or "potentially
significant unless mitigated ". An ENVIRONMENTAL IMPACT REPORT is required, but it must
analyze only the effects that remain to be addressed.
I find that although the proposed project could have a significant effect on the environment,
there WILL NOT be a significant effect in this case because all potentially significant effects (a)
have been analyzed adequately in an earlier EIR pursuant to applicable standards, and (b) have
been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation
measures that are imposed upon the proposed project.
Signature: Date: May 19, 2011
Jessica J. Flores
Associate Planner
City of Downey
City of Downey Page 3 May 19, 2011
CEQA INITIAL STUDY - PLN -11 -00088 3.0 - ENVIRONMENTAL EVALUATION
III. DISCUSSION OF ENVIRONMENTAL EVALUATION
This section analyzes the potential environmental impacts which may result from the proposed project.
For the evaluation of potential impacts, the questions in the Initial Study Checklist are stated and answers
are provided according to the analysis undertaken as part of the Initial Study. They outline the following
issues:
1. Aesthetics
2. Agriculture Resources
3. Air Quality
4. Biological Resources
5. Cultural Resources
6. Geology and Soils
7. Hazards and Hazardous Materials
8. Hydrology and Water Quality
9. Land Use and Planning
10. Mineral Resources
11. Noise
12. Population and Housing
13. Public Services
14. Recreation
15. Transportation and Traffic
16. Utilities and Service Systems
17. Mandatory Findings of Significance
The analysis considers the project's short -term impacts (construction - related), and its operational or day -
to -day impacts. For each question, there are four possible responses. They include:
1. No Impact. Future development arising from the project's implementation will not have any
measurable environmental impact on the environment and no additional analysis is required.
2. Less Than Significant Impact. The development associated with project implementation will
have the potential to impact the environment; these impacts, however, will be less than the levels
or thresholds that are considered significant and no additional analysis is required.
3. Potentially Significant Impact Unless Mitigated. The development will have the potential to
generate impacts which will have a significant effect on the environment; however, mitigation
measures will be effective in reducing the impacts to levels that are less than significant.
4. Potentially Significant Impact. Future implementation will have impacts that are considered
significant, and additional analysis is required to identify mitigation measures that could reduce
these impacts to less than significant levels.
City of Downey Page 4 May 19, 2011
CEQA INITIAL STUDY - PLN -11 -00088 3.0 - ENVIRONMENTAL EVALUATION
1. AESTHETICS. Would the project:
a. Have a substantial adverse effect on a scenic vista?
b. Substantially damage scenic resources, including, but not
limited to, trees, rock outcroppings, and historic buildings
within a state scenic highway?
of the site and its surroundings?
d. Create a new source of substantial light or glare which
would adversely affect day or nighttime views in the area?
Response:
a. Convert Prime Farmland, Unique Farmland, or Farmland of
Statewide Importance (Farmland), as shown on the maps
prepared pursuant to the Farmland Mapping and Monitoring
Program of the California Resources Agency, to non-
agricultural use?
b. Conflict with existing zoning for agricultural use or a
Williamson act contract?
c. Involve other changes in the existing environment which,
due to their location or nature, could result in conversion of
Farmland, to non - agricultural use?
Response:
Potentially Potentially
Significant Significant
Impact - EIR Unless Less Than
Analysis Is Mitigation Significant No
required Incorporated Impact Impact
❑ ❑ ❑
❑ ❑ ❑
c. Substantially degrade the existing visual character or quality ❑ ❑ 12 ❑
❑ ❑ ❑
❑ ❑ ❑
❑ ❑ ❑
❑ ❑ ❑
City of Downey Page 5 May 19, 2011
0
0
0
(a and b): The City of Downey is located within the southeastern portion of Los Angeles County. This area is
relatively flat and does not contain any scenic vistas, rock outcroppings or state scenic highways. Furthermore,
the proposed project will not result in the removal of any existing trees nor are there any historical buildings within
the area.
(c): An inherent concern with construction of cellular towers is the potential for a visual impact to the surrounding
area. To address this concern, the applicant has designed the cellular antennas as an integrated part of the
existing high voltage transmission tower. This design will allow the proposed antennas to blend in with the project
site's existing structure and thereby have a less than significant aesthetic impact on the surrounding vicinity.
(d): The proposed antennas and ground- mounted equipment will not require the use of lights and as such will
not create impacts from light or glare.
2. AGRICULTURE RESOURCES. In determining whether impacts to agricultural resources are significant
environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site
Assessment Model (1997) prepared by the California Department of Conservation as an optional model to
use in assessing impacts on agriculture and farmland. Would the project:
0
(a through c): The City of Downey is an urbanized area that is mostly built out with only infill development
potential. There are no agricultural lands within the City's boundaries. Furthermore, the City's General Plan
(Vision 2025) does not include provisions for agricultural uses in the future. While the City has a variety of zoning
districts, in which agricultural uses are only allowed in the Open Space (O -S) zone. The project site is not an O-
S zoned property.
CEQA INITIAL STUDY - PLN -11 -00088
d. Expose sensitive receptors to substantial pollutant
concentrations?
e. Create objectionable odors?
Response:
4. BIOLOGICAL RESOURCES. Would the project:
b. Have a substantial adverse effect on any riparian habitat or
other sensitive natural community identified in local or
regional plans, policies, and regulations or by the California
Department of Fish and Game or U.S. Fish and Wildlife
Service?
c. Have a substantial adverse effect on federally protected
wetlands as defined by Section 404 of the Clean Water Act
(including, but not limited to, marsh, vernal pool, coastal,
3.0 - ENVIRONMENTAL EVALUATION
Potentially Potentially
Significant Significant
Impact - EIR Unless Less Than
Analysis Is Mitigation Significant No
required Incorporated Impact Impact
3. AIR QUALITY. Where available, the significance criteria established by the applicable air quality
management or air pollution control district may be relied upon to make the following determinations. Would
the project:
a. Conflict with or obstruct implementation of the applicable air ❑ ❑ 12 ❑
quality plan?
b. Violate any air quality standard or contribute substantially to ❑ ❑ 12 ❑
an existing or projected air quality violation?
c. Result in a cumulatively considerable net increase of any
criteria pollutant for which the project region is non- ❑ ❑ 0 ❑
attainment under an applicable federal or state ambient air
quality standard (including releasing emissions which
exceed quantitative thresholds for ozone precursors)?
❑ ❑ 0 ❑
(a through e): Long term air quality impacts are not anticipated with the operation of the proposed cellular
antennas or equipment. The project will not emit particulates into the air and will be powered through the existing
electrical grid. Furthermore, cellular towers are self sustained and do not require frequent employee visits to the
site, other than monthly maintenance.
Short term impacts, however, are anticipated during project construction and are created as the project is
constructed. Nevertheless, the impacts are short term in nature; and therefore, are considered to be less than
significant. Furthermore, any construction related impacts are addressed by the mitigation measures set forth in
the Mitigation Monitoring Program of the Final Environmental Impact Report (FEIR) that was prepared for the
Downey Vision 2025 Comprehensive General Plan Update (SCH #2004031159), which was certified on January
25, 2005.
a. Have a substantial adverse effect, either directly or through
habitat modifications, on any species identified as a
candidate, sensitive, or special status species in local or ❑ ❑ ❑
regional plans, policies, or regulations, or by the California
Department of Fish and Game or U.S. Fish and Wildlife
Service?
❑ ❑ ❑
❑ ❑ ❑
City of Downey Page 6 May 19, 2011
12
12
CEQA INITIAL STUDY - PLN - - 00088 3.0 - ENVIRONMENTAL EVALUATION
etc.) through direct removal, filling, hydrological interruption,
or other means?
Potentially Potentially
Significant Significant
Impact - EIR Unless Less Than
Analysis Is Mitigation Significant No
required Incorporated Impact Impact
d. Interfere substantially with the movement of any native
resident or migratory fish or wildlife species or with ❑ ❑ ❑
established native resident or migratory wildlife corridors, or
impede the use of native wildlife nursery sites?
e. Conflict with any local policies or ordinances protecting ❑ ❑ ❑
biological resources? (i.e. tree preservation ordinance).
f. Conflict with the provisions of an adopted Habitat
Conservation Plan, Natural Community Conservation Plan, ❑ ❑ ❑
or other approved local, regional or state habitat
conservation plan?
Response:
(a through f): The City of Downey is an urbanized area that is mostly built out with only infill development
potential. According to the Final Environmental Impact Report (FEIR) that was prepared for the Downey Vision
2025 Comprehensive General Plan Update (SCH #2004031159), which was certified on January 25, 2005, there
are no known species identified as a candidate, sensitive, or special status species; no known wetlands; and no
known native resident or migratory fish or wildlife species or established native resident or migratory wildlife
corridors, or native wildlife nursery sites within the City. Furthermore, the City of Downey does not have any local
policies or ordinances protecting biological resources, nor is there any adopted Habitat Conservation, Natural
Community Conservation, or other approved local, regional or state habitat conservation plans. Finally, the
proposed project will not result in any of the existing mature landscaping, other than minimal amounts of grass,
being removed from the site.
5. CULTURAL RESOURCES. Would the project:
a. Cause a substantial adverse change in the significance of a ❑ ❑ ❑
historical resource as defined in CEQA Guidelines 5064.85?
b. Cause a substantial adverse change in the significance of
an archaeological resource pursuant to CEQA Guidelines ❑ ❑ ❑
5064.5?
c. Directly or indirectly destroy a unique paleontological ❑ ❑ ❑
resource or site or unique geologic feature?
d. Disturb any human remains, including those interred outside ❑ ❑ ❑
of formal cemeteries?
Response:
(a): While the existing structures on site are older than 50 years, they are not known to be associated with
events of persons of historically significant importance. Additionally, the existing structures do not have a unique
architectural appearance or are likely to yield information about history or prehistory. Finally, the proposed
project will not involve the demolition or alteration of any structures on or off the site, as such; there is no
potential impact to historical structures.
(b and c): Archaeological and /or paleontological resources are not typically encountered within the City of
Downey and there are no known archaeological or paleontological resources on the site. Nevertheless, should
any be discovered during construction, the applicant is required to comply with the provisions set forth Section
15064.5 of Title 14, Chapter 3 of the California Code of Regulations (CEQA Guidelines).
City of Downey Page 7 May 19, 2011
0
0
0
0
0
0
0
CEQA INITIAL STUDY - PLN -11 -00088 3.0 - ENVIRONMENTAL EVALUATION
(d): Since burials within the City of Downey have occurred in the Downey Cemetery since the late 1880's,
human remains are not typically encountered during construction. Nevertheless, should any be discovered
during construction, the applicant is required to comply with the provisions set forth Section 15064.5 of Title 14,
Chapter 3 of the California Code of Regulations (CEQA Guidelines).
6. GEOLOGY AND SOILS. Would the project:
a. Expose people or structures to potential substantial adverse
effects, including the risk of loss, injury, or death involving:
1) Rupture of a known earthquake fault, as delineated on
the most recent Alquist - Priolo Earthquake Fault Zoning ❑ ❑ 12 ❑
Map issued by the State Geologist for the area or based
on other substantial evidence of a known fault?
2) Strong seismic ground shaking?
3) Seismic - related ground failure, including liquefaction?
4) Landslides?
b. Result in substantial soil erosion or the loss of topsoil?
d. Be located on expansive soil, as defined in the California
Building Code, creating substantial risks to life or property?
e. Have soils incapable of adequately supporting the use of
septic tanks or alternative wastewater disposal systems
where sewers are not available for the disposal of water?
Response:
Potentially Potentially
Significant Significant
Impact - EIR Unless Less Than
Analysis Is Mitigation Significant No
required Incorporated Impact Impact
❑ ❑ 0 ❑
❑ ❑ 0 ❑
❑ ❑ ❑
❑ ❑ ❑
c. Be located on a geologic unit or soil that is unstable, or that
would become unstable as a result of the project, and ❑ ❑ D ❑
potentially result in on -or off -site landslide, lateral spreading,
subsidence, liquefaction or collapse?
❑ ❑ ❑
(a4): The City of Downey is relatively flat with no landslides being anticipated during or post construction.
City of Downey Page 8 May 19, 2011
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(al and a2): The City of Downey is not located within a Alquist - Priolo Earthquake Fault Zone. Nevertheless, the
City, like much of Southern California, is located in an area that is considered seismically active. The nearest
known fault to the City is the Whittier fault, which is approximately 5 miles from the City's boundaries. According
to the Southern California Earthquake Data Center, the maximum probable earthquake that can be generated by
the Whittier Fault is a magnitude 7.2. This impact is considered to be less than significant since all construction
is required to be designed and built to the seismic safety standards set forth in the Building Code, which will
minimize the risk of loss, injury, or death due to seismic activity.
(a3): According to the Final Environmental Impact Report (FEIR) that was prepared for the Downey Vision 2025
Comprehensive General Plan Update (SCH #2004031159), which was certified on January 25, 2005, the entire
City is within a Liquefaction Zone. According to the Building, all new construction is required to submit a soil and
geological report prior to the issuance of building permits. Said report shall include an analysis of the liquefaction
potential and recommend a foundation design to address the local condition.
CEQA INITIAL STUDY - PLN -11 -00088 3.0 - ENVIRONMENTAL EVALUATION
(b): Loss of topsoil and /or soil erosion is not expected since the is landscaped. Furthermore, construction
activities are required to incorporate best Management Practices (BMP's) to prevent soil erosion during
construction.
(c and d): Prior to the issuance of building permits, the applicant is required to submit a soil and geological
report. Said report shall demonstrate how the project will mitigate any soil stability issued, including lateral
spreading, subsidence, liquefaction, and expansive soils.
(e): The City of Downey is an urban area that is served by a sanitary sewer system. New septic tanks are
prohibited within the City.
7. HAZARDS AND HAZARDOUS MATERIALS: Would the project:
a. Create a significant hazard to the public or the environment
through the routine transport, use, or disposal of hazardous
materials?
b. Create a significant hazard to the public or the environment
through reasonably foreseeable upset and accident ❑ ❑ ❑
conditions involving the release of hazardous materials into
the environment?
c. Emit hazardous emissions or handle hazardous or acutely
hazardous materials, substances, or waste within one -
quarter mile of an existing or proposed school?
e. For a project located within an airport land use plan or,
where such a plan has not been adopted, within two miles of
a public airport or public use airport, would the project result
in a safety hazard for people residing or working in the
project area?
f. For a project within the vicinity of a private airstrip, would the
project result in a safety hazard for people residing or
working in the project area?
g.
Impair implementation of or physically interfere with an
adopted emergency response plan or emergency
evacuation plan?
h. Expose people or structures to a significant risk of loss,
injury or death involving wild land fires, including where wild
lands are adjacent to urbanized areas or where residences
are intermixed with wild lands?
Response:
Potentially Potentially
Significant Significant
Impact - EIR Unless Less Than
Analysis Is Mitigation Significant No
required Incorporated Impact Impact
❑ ❑ ❑
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d. Be located on a site which is included on a list of hazardous
materials sites compiled pursuant to Government Code ❑ ❑ ❑
Section 65962.5 and, as a result, would it create a
significant hazard to the public or the environment?
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(a through c): The proposed project is to nine (9) new cellular antennas as an integrated part of an existing high
CEQA INITIAL STUDY - PLN -11 -00088 3.0 - ENVIRONMENTAL EVALUATION
Potentially Potentially
Significant Significant
Impact - EIR Unless Less Than
Analysis Is Mitigation Significant No
required Incorporated Impact Impact
voltage transmission tower. This type of project does not involve the transport or storage of hazardous material.
Therefore, there is no potential for the release of toxic or hazardous material.
(d): The project site is not located on any list of hazardous materials sites that have been compiled pursuant to
Government Code Section 65962.5.
(e and f): The City of Downey is not located within an airport land use plan nor is it within two miles of an airstrip.
(g): The proposed mono -pine will be located within an existing, landscaped, athletic field on a private property.
This property is not utilized in the event of an emergency response or evacuation. Therefore, there will be no
impact.
(h): The City of Downey is within an urbanized area in the southeast portion of Los Angeles County. There are
no wild lands within the vicinity.
8. HYDROLOGY AND WATER QUALITY. Would the project:
a. Violate any water quality standards or waste discharge
requirements?
b. Substantially deplete groundwater supplies or interfere
substantially with groundwater recharge such that there
would be a net deficit in aquifer volume or a lowering of the
local groundwater table level (e.g., the production rate of
pre- existing nearby wells would drop to a level which would
not support existing land uses or planned uses for which
permits have been granted)?
d. Substantially alter the existing drainage pattern of the site or
area, including through the alteration of the course of a
stream or river, or substantially increase the rate or amount
of surface runoff in a manner which would result in flooding
on- or off -site?
❑ ❑ ❑
❑ ❑ ❑
c. Substantially alter the existing drainage pattern of the site or
area, including through the alteration of the course of stream ❑ ❑ ❑
or river, in a manner which would result in substantial
erosion or siltation on- or off -site?
❑ ❑ ❑
e. Create or contribute runoff water which would exceed the ❑ ❑ ❑
capacity of existing or planned stormwater drainage systems
or provide substantial additional sources of polluted runoff?
f. Otherwise substantially degrade water quality? ❑ ❑ ❑
g. Place housing within a 100 -year flood hazard area as ❑ ❑ ❑
mapped on a federal Flood Hazard Boundary or Flood
Insurance Rate Map or other flood hazard delineation map?
h. Place within a 100 -year flood hazard area structures which ❑ ❑ ❑
would impede or redirect flood flows?
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i. Expose people or structures to a significant risk of loss, ❑
CEQA INITIAL STUDY - PLN -11 -00088 3.0 - ENVIRONMENTAL EVALUATION
injury or death involving flooding, including flooding as a
result of the failure of a levee or dam?
j. Inundation by seiche, tsunami, or mudflow?
Response:
9. LAND USE AND PLANNING. Would the project:
a. Physically divide an established community?
b. Conflict with any applicable land use plan, policy, or
regulation of an agency with jurisdiction over the project
(including, but not limited to the general plan, specific plan,
local coastal program, or zoning ordinance) adopted for the
purpose of avoiding or mitigating an environmental effect?
10. MINERAL RESOURCES. Would the project:
Potentially Potentially
Significant Significant
Impact - EIR Unless Less Than
Analysis Is Mitigation Significant No
required Incorporated Impact Impact
❑ ❑ ❑
(a through f): The proposed project, as with all construction within the City of Downey, is required to comply
with the National Pollution Discharge Elimination System (NPDES). This includes retaining storm water from the
impervious areas created by the project and allowing it to recharge into the ground. By retaining the water on
site, there will be no violations to water quality standards, no additional impact to the storm water system, and no
alterations to existing drainage patterns from the site and surrounding area.
(g and h): Pursuant to Flood Zone Map No. 0606450005A, as revised on January 11, 2002, the subject site is in
Zone X, which is a 500 -year flood zone. Accordingly, impacts from a 100 -year flood event are not anticipated.
(i): The subject site, as with most of the City, is located between the San Gabriel River and the Rio Hondo
Channel. According to the Final Environmental Impact Report (FEIR) that was prepared for the Downey Vision
2025 Comprehensive General Plan Update (SCH #2004031159), which was certified on January 25, 2005, both
of these flood control channels have been designed to meet or exceed the discharge capacity for a 100 -year
flood. Furthermore, the FEIR notes that there are no concerns with a potential levee break on either channel.
(j): The City of Downey is relatively flat and is not located near a dam, lake, or ocean. As such, impacts from a
seiche, tsunami, or mudflow are not anticipated.
❑ ❑ ❑
❑ ❑ ❑
c. Conflict with any applicable habitat conservation plan or ❑ ❑ ❑
natural community conservation plan?
Response:
(a): The proposed cellular antennae will be located on an existing high voltage transmission tower with all
related equipment being located on the ground under the tower. This project does not have the capability to
divide or act as a barrier to an established community, including the surrounding neighborhoods.
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(b): The proposed cellular antennae are to be located on an existing transmission tower. The design and
location of said cellular antennae and related equipment does not conflict with any applicable land use plan,
policy or regulation of the City of Downey.
(c): The City of Downey is an urbanized area that is fully developed with only a few sites for infill development
available. There are no habitat conservation plans or natural community conservation plans that have jurisdiction
over the area.
CEQA INITIAL STUDY - PLN -11 -00088 3.0 - ENVIRONMENTAL EVALUATION
a. Result in the loss of availability of a known mineral resource
that would be of value to the region and the residents of the
state?
b. Result in the loss of availability of a locally important mineral
resource recovery site delineated on a local general plan,
specific plan or other land use plan?
Response:
(a and b): The proposed cellular antennae will be located on an existing high voltage transmission tower with all
related equipment being located on the ground under the tower and will require minimal construction. It will not
result in the loss of any mineral resources with local, regional, or State -wide importance.
11. NOISE. Would the project result in:
a. Exposure of persons to or generation of noise levels in
excess of standards established in the local general plan or
noise ordinance, or applicable standards of other agencies?
b. Exposure of persons to or generation of excessive ground
borne vibration or ground borne noise levels?
c. A substantial permanent increase in ambient noise levels in
the project vicinity above levels existing without the project?
d. A substantial temporary or periodic increase in ambient
noise levels in the project vicinity above levels existing
without the project?
e. For a project located within an airport land use plan or,
where such a plan has not been adopted, within two miles of
a public airport or public use airport, would the project
expose people residing or working in the project area to
excessive noise levels?
f. For a project within the vicinity of a private airstrip, would the
project expose people residing or working in the project area
to excessive noise levels?
Response:
Potentially Potentially
Significant Significant
Impact - EIR Unless Less Than
Analysis Is Mitigation Significant No
required Incorporated Impact Impact
❑ ❑ ❑
❑ ❑ ❑
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(a through d): The proposed cellular antennae and ground mounted equipment does not generate any
significant noise, and as such, will not result in a long term impact. Notwithstanding this, short term impacts are
anticipated during construction of the project. These impacts are considered less than significant due to the short
term nature of construction. Additionally, the construction is required to comply with Municipal Code Section
4606.5, which limits the hours of construction.
(e and f): The City of Downey is not located within an airport land use plan, within two miles of a public airport or
public use airport, or within the vicinity of a private airstrip.
12. POPULATION AND HOUSING. Would the project:
a. Induce substantial population growth in an area, either
directly (for example, by proposing new homes and
businesses) or indirectly (for example, through extension of
roads or other infrastructure)?
b. Displace substantial numbers of existing housing,
necessitating the construction of replacement housing
elsewhere?
c. Displace substantial numbers of people, necessitating the
construction of replacement housing elsewhere?
Response:
13. PUBLIC SERVICES.
a.
CEQA INITIAL STUDY - PLN -11 -00088 3.0 - ENVIRONMENTAL EVALUATION
Would the project result in substantial adverse physical
impacts associated with the provision of new or physically
altered governmental facilities, need for new or physically
altered governmental facilities, the construction of which
could cause significant environmental impacts, in order to
maintain acceptable service ratios, response times or other
performance objectives for any of the public services:
1) Fire protection?
2) Police protection?
3) Schools?
4) Parks?
5) Other public facilities?
Response:
14. RECREATION.
a. Would the project increase the use of existing neighborhood
and regional parks or other recreational facilities such that
substantial physical deterioration of the facility would occur
or be accelerated?
Potentially Potentially
Significant Significant
Impact - EIR Unless
Analysis Is Mitigation
required Incorporated
❑ ❑ ❑
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Less Than
Significant No
Impact Impact
(a): Since the project will not induce growth, it will not result in an increase in demand for public services.
City of Downey Page 13 May 19, 2011
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(a through c): The proposed cellular antennae and related equipment will not result in the creation of jobs or
housing; therefore will not induce growth to the area. Furthermore, the antennae will be located on an existing
high voltage transmission tower with all related equipment being located on the ground under the tower and as
such will not displace people or create the need for new residences.
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CEQA INITIAL STUDY - PLN -11 -00088 3.0 - ENVIRONMENTAL EVALUATION
b. Does the project include recreational facilities or require the
construction or expansion of recreational facilities which
might have an adverse physical effect on the environment?
Response:
Potentially Potentially
Significant Significant
Impact - EIR Unless Less Than
Analysis Is Mitigation Significant No
required Incorporated Impact Impact
❑ ❑ ❑
(a and b): Since the project will not induce growth, it will not result in an increase in the use of or the demand for
recreational facilities.
15. TRANSPORTATION /TRAFFIC. Would the project:
a. Cause an increase in traffic which is substantial in relation to
the existing traffic load and capacity of the street system
(i.e., result in a substantial increase in either the number of
vehicle trips, the volume to capacity ratio on roads, or
congestion at intersections)?
❑ ❑ ❑
b. Exceed, either individually or cumulatively, a level of service ❑ ❑ ❑
standard established by the county congestion management
agency for designated roads or highways?
c. Result in a change in air traffic patterns, including either an ❑ ❑ ❑
increase in traffic levels or a change in location that results
in substantial safety risks?
d. Substantially increase hazards due to a design feature (e.g., ❑ ❑ ❑
sharp curves or dangerous intersections) or incompatible
uses (e.g., farm equipment)?
e. Result in inadequate emergency access? ❑ ❑ ❑
f. Result in inadequate parking capacity? ❑ ❑ ❑
g. Conflict with adopted policies, plans, or programs supporting ❑ ❑ ❑
alternative transportation (e.g., bus turnouts, bicycle racks)?
Response:
(a and b): The proposed project will not directly or indirectly result in new development. Furthermore, the site is
unmanned and typically only requires a site visit once a month for maintenance. As such, it will create a
significant number of vehicle trips or create traffic impacts
(c): The unmanned cellular antennae will not alter existing air traffic patterns or create additional air traffic.
16. UTILITIES AND SERVICE SYSTEMS. Would the project:
a. Exceed wastewater treatment requirements of the applicable
❑ ❑ ❑
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(d through g): The proposed cellular antennae will be located on an existing high voltage transmission tower
with all related equipment being located on the ground under the tower. This location is ideal since it will not
create a hazard to pedestrians, emergency access, bicycles, alternative transportation, or impede on the existing
parking.
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CEQA INITIAL STUDY - PLN -11 -00088 3.0 - ENVIRONMENTAL EVALUATION
Regional Water Quality Control Board?
b. Require or result in the construction of new water or
wastewater treatment facilities or expansion of existing
facilities, the construction of which could cause significant
environmental effects?
c. Require or result in the construction of new stormwater
drainage facilities or expansion of existing facilities, the ❑ ❑ ❑
construction of which could cause significant environmental
effects?
d. Have sufficient water supplies available to serve the project
from existing entitlements and resources, or are new or
expanded entitlements needed?
e. Result in a determination by the wastewater treatment
provider which serves or may serve the project that it has ❑ ❑ ❑
adequate capacity to serve the project's projected demand
in addition to the provider's existing commitments?
f. Be served by a landfill with sufficient permitted capacity to ❑ ❑ ❑
accommodate the project's solid waste disposal needs?
g. Comply with federal, state, and local statutes and ❑ ❑ ❑
regulations related to solid waste?
Response:
(a and g): Since the project will not induce growth, it will not result in an increase in demand for utility services.
17. MANDATORY FINDINGS OF SIGNIFICANCE.
Potentially Potentially
Significant Significant
Impact - EIR Unless Less Than
Analysis Is Mitigation Significant No
required Incorporated Impact Impact
❑ ❑ ❑
❑ ❑ ❑
a. Does the project have the potential to degrade the quality of
the environment, substantially reduce the habitat of a fish or
wildlife species, cause a fish or wildlife population to drop
below self - sustaining levels, threaten to eliminate a plant or ❑ ❑ ❑
animal community, reduce the number or restrict the range
of a rare or endangered plant or animal or eliminate
important examples of the major periods of California history
or prehistory?
b. Does the project have impacts that are individually limited,
but cumulatively considerable? "Cumulatively considerable"
means that the incremental effects of a project are ❑ ❑ ❑
considerable when viewed in connection with the effects of
past projects, the effects of other current projects, and the
effects of probable future projects)?
c. Does the project have environmental effects which will
cause substantial adverse effects on human beings, either
directly or indirectly?
Response:
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CEQA INITIAL STUDY - PLN -11 -00088 3.0 - ENVIRONMENTAL EVALUATION
Potentially Potentially
Significant Significant
Impact - EIR Unless Less Than
Analysis Is Mitigation Significant No
required Incorporated Impact Impact
(a): The City of Downey is an urbanized area that is mostly built out with only infill development potential.
According to the Final Environmental Impact Report (FEIR) that was prepared for the Downey Vision 2025
Comprehensive General Plan Update (SCH #2004031159), which was certified on January 25, 2005, there are
no known species identified as a candidate, sensitive, or special status species. Additionally, there are no known
wetlands, as defined by Section 404 of the Clean Water Act, within the City. Furthermore, the proposed project
will not result in the demolition of any existing structures. As such, the proposed project will not degrade the
quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife
population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the
number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major
periods of California history or prehistory.
(b and c): Based on the analysis contained within this initial study, the proposed project is not anticipated to
create a significant impact. When considered with past, current, and other proposed projects in the City, it is
unlikely that the project will contribute towards any cumulative impact. Therefore, the project will not cause
substantial adverse effects on human beings, either directly or indirectly
City of Downey Page 16 May 19, 2011
STAFF REPORT
DATE: JUNE 15, 2011
TO: PLANNING COMMISSION
FROM: BRIAN SAEKI, DIRECTOR OF COMMUNITY DEVELOPMENT
KEVIN NGUYEN, ASSISTANT PLANNER
SUBJECT: PLN -11 -00069 (CONDITIONAL USE PERMIT) —A REQUEST BY AT&T
WIRELESS COMMUNICATIONS TO INSTALL TWELVE (12) WIRELESS
ANTENNAS AT A HEIGHT OF 47' -4" TO THE EXISTING 61' -3" HIGH BELL
TOWER ON PROPERTY AT 12348 PARAMOUNT BLVD, ZONED R -1 5,000
(SINGLE- FAMILY RESIDENTIAL)
CEQA
Staff has reviewed the proposed expansion of use for compliance with California Environmental
Quality Act (CEQA). Upon completion of this review, staff determined that this request is
categorically exempt from CEQA, pursuant to Guideline Section No. 15301 (Class 1, Existing
Facilities). Categorical Exemptions are projects, which have been determined not to have a
significant effect on the environment and have been exempted from the requirements of the
California Environmental Quality Act. Class 1, includes minor expansion of uses such as this
request. In staff's opinion, installing the proposed wireless antenna panels to the existing tower
structure will not have a significant effect on the environment; thereby qualifying for the Class 1
exemption.
RECOMMENDATION
Staff recommends that the Planning Commission adopt the following titled resolution:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING
PLN -11 -00069 (CONDITIONAL USE PERMIT), A REQUEST BY AT&T WIRELESS
COMMUNICATIONS TO INSTALL TWELVE (12) ANTENNA PANELS AT A HEIGHT OF 47' -4"
WITHIN AN EXISTING 61' -3" TALL CHURCH (ST. RAYMOND'S) BELL TOWER ON
PROPERTY AT 12348 PARAMOUNT BOULEVARD, ZONED R -1 5,000 (SINGLE- FAMILY
RESIDENTIAL)
CODE AUTHORITY
The applicant's request and the Planning Commission's authority to consider the request are set
forth in Municipal Code Section 9824 (Conditional Use Permit).
PLANNING DIVISION
CITY OF DOWNEY, CALIFORNIA
SITE LOCATION
12348 PARAMOUNT BLVD
SITE DESCRIPTION
A. Subject Property
1. Property Information
Site Location:
2. Applicant Information
Property Owner:
Representative:
3. CEQA Determination:
4. Noticing Information
Applicant Notification:
Required Action Date:
B. Surrounding Properties
North
South
West
East
Zone
C -2 — General Commercial
R -1 — Single - Family Residential
C -2 — General Commercial
C -2 — General Commercial
12348 Paramount Blvd
AIN: 6259-011-050
PLN -11 -00069 — 12348 Paramount Blvd
June 15, 2011 - Page 2
Rev. John W. Higgins
St. Raymond Catholic Church
12348 Paramount Blvd
Downey, CA 90242
Justin Robinson
AT &T Mobility Services
1750 E. Ocean Blvd # 906
Long Beach, CA 90802
Categorical Exemption (Class 1)
May 31, 2011
July 30, 2011
Use
Retail (formerly Alin Party Depot)
Single Family Homes
Single Family Homes
Single Family Homes
C. Photograph of the Subject Site
BACKGROUND
AT &T Wireless Communications requests approval of PLN -11- 00069, for the installation of twelve
(12) antenna panels on the bell tower at Saint Raymond Catholic Church, 12348 Paramount
Boulevard. The subject site is a 3.3 acre irregular- shaped lot that is located on the east side of
Paramount Boulevard, between Quoit Street and Conrad Street. The site is zoned R1 -5,000
(Single - Family Residential) with a General Plan land use designation of S -PR (School — Private). It
is currently developed with the Saint Raymond church and several church office & school buildings.
Parking lot for this site is centrally located to the east and south sides of the buildings.
On March 25, 1998, the Planning Commission approved Zone Variance No. 98 -15, to construct
an assembly building and a 61' -3" high bell tower at the subject site.
On March 10, 2011, a representative for AT&T, Justin Robinson, submitted a Land Use application
for PLN -11 -00069 (Conditional Use Permit). Staff deemed the application complete on May 31,
2011. On June 3, 2011, notice of the pending public hearing was sent to all property owners within
500' of the subject site and published in the Downey Patriot.
DISCUSSION/ ANALYSIS
The applicant is proposing to install twelve (12) antennas within an existing church bell tower,
which measures 61' -3" tall. Also, an equipment cabinet will be constructed on the ground within
the existing bell tower. All proposed antennas will be behind the screen wall completely, and
the height of all antennas will not exceed the height of the existing bell tower structure (see
attached photo simulation).
Section 9426 of the Downey Municipal Code (DMC) regulates the standards for all wireless
communications facilities. Subsection 9426.04(b)(10)(ii) states:
• Antennas that are collocated onto an existing standalone /tower facility, or on the side of a
building, may be permitted at any height, provided the height of the standalone /tower or
existing building is not increased and the antennas do not exceed the existing height of the
standalone /tower facility or building.
Staff finds that the proposed design will utilize the existing screen wall on the church bell tower, by
mounting all twelve (12) antennas behind the screen wall upon it. As such, all proposed antenna
panels will be completely located behind the existing screen wall. Staff believes that the proposal
is consistent with what other wireless companies have done to install antennas at other locations.
PLN -11 -00069 — 12348 Paramount Blvd
June 15, 2011 - Page 3
In evaluating the application, staff supports the proposal. However, in order to mitigate aesthetic
impacts, staff is recommending a condition of approval, which reads:
• All wireless antennas shall not extend above the existing bell tower structure and they shall
not be mounted on the outside of the tower's facade.
FINDINGS
Pursuant with Section 9824 of the Downey Municipal Code, staff has reviewed the proposal and
has developed the following findings to support the approval of PLN -11- 00068:
1. That the requested conditional use permit will not adversely affect the purpose and
intent of this chapter or the City's General Plan or the public convenience or general
welfare of persons residing or working in the neighborhood thereof.
General Plan Policy No. 2.7.1 states that the City should "Provide adequate utility and
communications infrastructure." Approving this project will help achieve this policy by
increasing the capacity of the existing communications network.
2. That the requested use will not adversely affect the adjoining land uses and the growth
and development of the area in which it is proposed to be located.
The subject site is in a fully developed area of the City, with no vacant properties in the
adjacent area. Installation of the antenna panels will not prevent surrounding properties
from further being developed. Moreover, in order to mitigate aesthetic impacts on
surrounding properties, the proposal has been designed to hide the antennas behind the
existing "bell" tower structure.
3. That the size and shape of the subject property proposed for the use is adequate to
allow the full development of the proposed use in a manner not detrimental to the
particular area.
The subject site is an irregular shaped lot that is improved with Saint Raymond Church. The
proposed project will be located within the existing 61' -3" high bell tower structure. The location
of the antennas and all related equipment will not interfere with the use of the property. Thus,
the site has sufficient shape and size to accommodate the proposed project.
4. That the traffic generated by the proposed use will not impose an undue burden upon
the streets and highways in the area.
The proposed project is an unmanned wireless communications facility, which typically requires
a single site visit once a month for maintenance. The adjoining street (Paramount Boulevard
frontage) has sufficient capacity to absorb any additional traffic the requested use may create.
CORRESPONDENCE
As of the date that this report was printed, staff has not received any correspondence regarding
this matter.
CONCLUSION
Staff supports the proposal and recommends that the Planning Commission adopt a resolution
approving PLN -11 -00069 (Conditional Use Permit), subject to the conditions of approval as stated
in Exhibit A of the Planning Commission Resolution.
PLN -11 -00069 — 12348 Paramount Blvd
June 15, 2011 - Page 4
RESOLUTION NO. 11 -2718
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING PLN -11 -00069 (CONDITIONAL USE PERMIT), A REQUEST BY AT &T
WIRELESS COMMUNICATIONS TO INSTALL TWELVE (12) ANTENNA PANELS AT
A HEIGHT OF 47' -4" WITHIN AN EXISTING 61' -3" TALL CHURCH (ST.
RAYMOND'S) BELL TOWER ON PROPERTY AT 12348 PARAMOUNT BOULEVARD,
ZONED R -1 5,000 (SINGLE- FAMILY RESIDENTIAL)
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 Justin Robinson of AT &T Mobility Services, on behalf
of St. Raymond Catholic Church (hereinafter "Applicant "), requesting approval of
PLN -11 -00069 (Conditional Use Permit), to install twelve (12) wireless antenna
panels at a height of 47' -4" to the existing 61' -3" high bell tower on property at
12348 Paramount Boulevard;
B. The subject site is zoned R1 -5,000 (Single - Family Residential) and it is identified
by the Los Angeles County Tax Assessor Office as A.I.N. 6259 - 011 -050;
C. On June 3, 2011, notice of the pending public hearing was sent to all property
owners within 500' of the subject site and the notice was published in the
Downey Patriot; and
D. The Planning Commission held a duly noticed public hearing on June 15, 2011
and, after fully considering all oral and written testimony and facts and opinions
offered at the aforesaid public hearing, adopted Resolution No. 11 -2718,
approving PLN -11- 00069.
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. 15301 (Class 1, Existing Facilities).
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 requested conditional use permit will not adversely affect the purpose and
intent of this chapter or the City's General Plan or the public convenience or
general welfare of persons residing or working in the neighborhood thereof.
General Plan Policy No. 2.7.1 states that the City should "Provide adequate utility
and communications infrastructure." Approving this project will help achieve this
policy by increasing the capacity of the existing communications network.
B. The requested use will not adversely affect the adjoining land uses and the
growth and development of the area in which it is proposed to be located. The
subject site is in a fully developed area of the City, with no vacant properties in
the adjacent area. Installation of the antenna panels will not prevent surrounding
properties from further being developed. Moreover, in order to mitigate aesthetic
impacts on surrounding properties, the proposal has been designed to hide the
antennas behind the existing "bell" tower structure.
Resolution No. 11 -2718
Downey Planning Commission
C. The size and shape of the subject property proposed for the use is adequate to
allow the full development of the proposed use in a manner not detrimental to the
particular area. The subject site is an irregular shaped lot that is improved with
Saint Raymond Church. The proposed project will be located within the existing
61' -3" high bell tower structure. The location of the antennas and all related
equipment will not interfere with the use of the property. Thus, the site has
sufficient shape and size to accommodate the proposed project.
D. The traffic generated by the proposed use will not impose an undue burden upon
the streets and highways in the area. The proposed project is an unmanned
wireless communications facility, which typically requires a single site visit once a
month for maintenance. The adjoining street (Paramount Boulevard frontage)
has sufficient capacity to absorb any additional traffic the requested use may
create.
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 -00069
(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
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 15 day of June, 2011.
Robert Kiefer, 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 15 day of
June, 2011, by the following vote, to wit:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
PLN -11 -00069 (CUP) — 12348 Paramount Blvd
June 15, 2011 - Page 2
Theresa Donahue, Secretary
City Planning Commission
Resolution No. 11 -2718
Downey Planning Commission
PLN -11 -00069 (CONDITIONAL USE PERMIT)
EXHIBIT A - CONDITIONS
PLANNING
1) The approval of PLN -11 -00069 (Conditional Use Permit), allows for the installation of
twelve (12) wireless antennas within an existing 61' -3" tall church bell tower. The
proposed antennas shall be installed at a height of 47' -4" above grade. This approval
also allows an equipment cabinet to be located on the ground at 12348 Paramount Blvd,
as shown on the approved site plan and elevations. 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 of the Downey Planning
Commission.
2) All antennas and /or microwave dishes shall not extend above the existing bell tower.
3) The Planning Commission's approval of PLN -11 -00069 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 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.
5) All conditions for Zone Variance No. 98 -15 shall remain valid and in force.
6) The owner /applicant shall comply with all conditions of approval of PLN -11 -00069 before
this conditional use permit becomes valid.
7) The owner /applicant shall incorporate a copy of this Resolution No. 11 -2718 (including
Exhibit A — Conditions), into the approved set of building plans.
BUILDING
8) All construction shall comply with the 2010 California Building Code and Title 24 of the
California Energy Code.
9) Prior to the commencement of interior improvements, the applicant shall obtain all
required permits. Additionally, the applicant shall obtain all necessary inspections and
permits final prior to beginning operation of the site.
PUBLIC WORKS /ENGINEERING
10) If applicable, the owner /applicant shall obtain all necessary plan approvals and permits
and 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.
11) The owner /applicant hereby consents to the annexation of the property into the Downey
City Lighting Maintenance District in accordance with Division 15 of the Streets and
Highways Code, and to incorporation or annexation into a new or existing Benefit
Assessment or Municipal Improvement District in accordance with Division 10 and
PLN -11 -00069 (CUP) — 12348 Paramount Blvd
June 15, 2011 - Page 3
Resolution No. 11 -2718
Downey Planning Commission
Division 12 of the Streets and Highways Code and /or Division 2 of the Government
Code of the State of California.
12) If applicable, the applicant shall install all new utilities associated with this project
underground.
13) If applicable, the owner /applicant shall be required to complete a construction &
demolition (C &D) waste management plan per Article V, Chapter 8 of the Downey
Municipal Code.
14) The owner /applicant shall provide that all construction graffiti created as part of this
project in the public right of way to be removed.
FIRE
15) The applicant/owner shall install a Knox® Rapid Entry System for the project.
H: \Community Development \Nguyen \CASES \CUP\2011 \12348 Paramount (at &t) \11 -00069 reso - approve.doc
PLN -11 -00069 (CUP) — 12348 Paramount Blvd
June 15, 2011 - Page 4
STAFF REPORT
DATE: JUNE 15, 2011
TO: PLANNING COMMISSION
FROM: BRIAN SAEKI, DIRECTOR OF COMMUNITY DEVELOPMENT
KEVIN NGUYEN, ASSISTANT PLANNER
SUBJECT: PLN 11 -00091 (CONDITIONAL USE PERMIT) —A REQUEST TO ALLOW THE
SALE OF ALCOHOL BEVERAGES (TYPE 47 — ON SALE GENERAL, EATING
PLACE) AT A NEW RESTAURANT (FORMERLY SALVATORE'S) LOCATED AT
12056 PARAMOUNT BOULEVARD, ZONED C -1 (NEIGHBORHOOD
COM M ERCIAL).
CEQA
Staff has reviewed the proposed use for compliance with the California Environmental Quality Act
(CEQA). Upon completion of this review, it has been determined that this request is categorically
exempt from CEQA, pursuant to Guideline Section No. 15301 (Class 1, Existing Facilities).
Categorical Exemptions are projects, which have been determined not to have a significant effect
on the environment and have been exempted from the requirements of the California
Environmental Quality Act. Class 1 consists of projects that involve no or negligible expansion of
the existing use. It is staff's opinion the proposed sale of alcohol beverages at a new restaurant
will not have a significant effect on the environment; thereby qualifying for the Class 1 exemption.
RECOMMENDATION
Staff recommends that the Planning Commission adopt the following titled resolution:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING
PLN -11 -00091 (CONDITIONAL USE PERMIT), ALLOWING A TYPE 47 (ON -SALE GENERAL,
EATING PLACE) ALCOHOL LICENSE AT A NEW RESTAURANT (FORMERLY SALVATORE'S)
LOCATED 12056 PARAMOUNT BOULEVARD, ZONED C -1 (NEIGHBORHOOD
COM M ERCIAL).
CODE AUTHORITY
The applicant is making their request pursuant to the provision of Downey Municipal Code
Section 9314.04(a), Table 9.3.5, which allows restaurants, cafes, coffee establishments with
alcohol sales, subject to the approval of a conditional use permit. The Planning Commission's
authority to consider the request is set forth in Municipal Code Section 9824 (Conditional Use
Permit).
PLANNING DIVISION
CITY OF DOWNEY, CALIFORNIA
SITE LOCATION
12056 Paramount Boulevard
SITE DESCRIPTION
A. Subject Property:
1. Property Information
Site Location:
2. Applicant Information
Property Owner:
Business Owner:
3. CEQA Determination:
4. Noticing Information
Applicant Notification: May 11, 2011
Required Action Date: July 10, 2011
B. Surrounding Properties:
Zone
North C -1 (Neighborhood Commercial)
West C -1 (Neighborhood Commercial)
South C -1 (Neighborhood Commercial)
East R -1 5,000 (Single Family Residential)
12056 Paramount Blvd
AI N: 6259- 004 -041
Chad J. Dohrman
Dohrman Construction Inc.
711 E. Imperial Hwy., Suite 200
Brea, CA 92821
Agostino Costa
Cafe Corleone
15337 Paramount Blvd,
Paramount, CA 90723
PLN 11 -00091 (CUP) — 12056 Paramount Blvd
June 15, 2011 - Page 2
Categorical Exemption (Class 1)
Use
Multi- tenant retail uses
Multi- tenant retail uses
Multi- tenant retail uses
Single family homes
C. Aerial Photograph of Subject Property:
BACKGROUND
Subject Site - Renovations are currently under Plan Check review
The owner of the subject property, Chad Dohrman, requests approval of a conditional use
permit application, to allow the sale of alcohol beverages for a new restaurant at 12056
Paramount Boulevard. The subject site is a 17,800 square foot parcel that is located on the east
side of Paramount Boulevard, between Albia Street and Cole Street. The site is zoned C -1
(Neighborhood Commercial) with a General Plan Land Use Designation of "Office ". It is currently
developed with a 3,345 square foot restaurant, which has been vacant for several months. Parking
for this site is located to the east and west sides of the building.
On April 13, 2011, Mr. Dohman submitted an application for PLN -11 -00091 (Conditional Use
Permit). Staff completed a review of the application on May 11, 2011, and deemed the application
complete. On June 3, 2011, notice of the pending public hearing was sent to all property owners
within 500' of the subject site and the notice was published in the Downey Patriot.
DISCUSSION /ANALYSIS
Pursuant to Section 9314.04(a), Table 9.3.5, the sale of alcoholic beverages requires approval of a
conditional use permit by the Planning Commission. According to the applicant, the requested
conditional use permit to operate a new restaurant with a Type 47 (On -Sale General, Eating Place)
Alcohol Beverage Control license would allow the restaurant to improve the business further and
increase its sales revenues significantly. However, the gross sales of alcohol shall not exceed the
gross sales of food and the applicant may be required to provide evidence that the gross sales of
food exceed 50% the gross sale of alcohol. It is important to mention that the subject site is zoned
C -1 and Downey Municipal Code prohibits banquet, bar, and night club activities at all times.
The restaurant proposes to close at 12:00 a.m., Friday through Sunday and at 11:00 a.m., Monday
through Thursday. As such, staff suggests the sales of alcoholic beverages should be ceased one
(1) hour before the restaurant closes. This allows patrons to finish their drinks and leave the
premises by closing times.
It is important to note that no additional square footage will be added to the building and no alcohol
beverages will be served outdoors. In addition, staff recommends that the trash enclosure be
located closer to the restaurant building rather than at the proposed location, which is adjacent to
the residential area.
PLN 11 -00091 (CUP) — 12056 Paramount Blvd
June 15, 2011 - Page 3
FINDINGS
Staff has reviewed the proposal and has developed the following findings for the approval of the
PLN -11 -00091 (Conditional Use Permit):
1. That the requested conditional use permit will not adversely affect the purpose and
intent of this chapter or the City's General Plan or the public convenience or general
welfare of persons residing or working in the neighborhood thereof. The requested
conditional use permit to allow a Type 47 (On -Sale General, Eating Place) alcohol license at
the new restaurant (formerly Salvatore's) will not adversely affect the purpose and intent of this
chapter or the City's General Plan or the public convenience or general welfare of persons
residing or working in the neighborhood because the site is developed as commercial use and
service the immediate neighborhood already. The approval of this conditional use permit will
provide an additional convenience to patrons of the restaurant since it will allow for the sale of
beer and wine in conjunction with the sale of meals.
2. That the requested use will not adversely affect the adjoining land uses and the growth
and development of the area in which it is proposed to be located. The proposed
Conditional Use Permit will not adversely affect the adjoining land uses since the proposed use
generally conforms to its C -1 zone development standards. The alcohol license will compliment
the proposed restaurant and surrounding commercial uses and will serve the public with a use
that previously allowed at the site.
3. That the size and shape of the site proposed for the use is adequate to allow the full
development of the proposed use in a manner not detrimental to the particular area.
The size and shape of the subject property is generally adequate to allow for the new
restaurant in a manner not detrimental to the area since the proposed change does not include
further expansion of the existing building.
4. That the traffic generated by the proposed use will not impose an undue burden upon
the streets and highways in the area. The traffic generated by the proposed use will not
impose an undue burden upon the streets and highways in the area because Paramount
Boulevard is designated as a major arterial by the City's General Plan. Paramount Boulevard
is able to absorb any additional traffic this request may create, although staff does not foresee
a significant traffic increase since the building and parking areas already exist.
CORRESPONDENCE
As of the date that this report was printed, staff had not received any correspondence regarding
this matter.
CONCLUSION
Staff recommends that the Planning Commission adopt resolution approving PLN -11 -00091
(Conditional Use Permit), allowing a Type 47 (On -Sale General, Eating Place) alcohol license at a
new restaurant (formerly Salvatore's), subject to the conditions of approval.
PLN 11 -00091 (CUP) — 12056 Paramount Blvd
June 15, 2011 - Page 4
RESOLUTION NO. 11 -2719
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING PLN -11 -00091 (CONDITIONAL USE PERMIT), ALLOWING A TYPE 47
(ON -SALE GENERAL, EATING PLACE) ALCOHOL LICENSE AT A NEW
RESTAURANT (FORMERLY SALVATORE'S) LOCATED 12056 PARAMOUNT
BOULEVARD, ZONED C -1 (NEIGHBORHOOD 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. An application was filed by Mr. Chad Dohrman (hereinafter "applicant ")
requesting Planning Commission approval of PLN -11 -00091 (Conditional Use
Permit), to allow for a Type 47 (On -Sale General, Eating Place) alcohol license at
a new restaurant (formerly Salvatores) located 12056 Paramount Boulevard, and
zoned C -1 (Neighborhood Commercial);
B. On June 3, 2011, notice of the pending 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 June 15, 2011
and, after fully considering all oral and written testimony and facts and opinions
offered at the aforesaid public hearing, adopted Resolution No. 11 -2719,
approving PLN -11- 00091.
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. 15301 (Class 1, Existing Facilities).
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:
1. That the requested conditional use permit will not adversely affect the
purpose and intent of this chapter or the City's General Plan or the public
convenience or general welfare of persons residing or working in the
neighborhood thereof. The requested conditional use permit to allow a Type
47 (On -Sale General, Eating Place) alcohol license at the new restaurant
(formerly Salvatore's) will not adversely affect the purpose and intent of this
chapter or the City's General Plan or the public convenience or general welfare
of persons residing or working in the neighborhood because the site is developed
as commercial use and service the immediate neighborhood already. The
approval of this conditional use permit will provide an additional convenience to
patrons of the restaurant since it will allow for the sale of beer and wine in
conjunction with the sale of meals.
2. That the requested use will not adversely affect the adjoining land uses and
the growth and development of the area in which it is proposed to be
located. The proposed Conditional Use Permit will not adversely affect the
Resolution No. 11 -2719
Downey Planning Commission
adjoining land uses since the proposed use generally conforms to its C -1 zone
development standards. The alcohol license will compliment the proposed
restaurant and surrounding commercial uses and will serve the public with a use
that previously allowed at the site.
3. That the size and shape of the site proposed for the use is adequate to
allow the full development of the proposed use in a manner not detrimental
to the particular area. The size and shape of the subject property is generally
adequate to allow for the new restaurant in a manner not detrimental to the area
since the proposed change does not include further expansion of the existing
building.
4. That the traffic generated by the proposed use will not impose an undue
burden upon the streets and highways in the area. The traffic generated by
the proposed use will not impose an undue burden upon the streets and
highways in the area because Paramount Boulevard is designated as a major
arterial by the City's General Plan. Paramount Boulevard is able to absorb any
additional traffic this request may create, although staff does not foresee a
significant traffic increase since the building and parking areas already exist.
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 -00091 (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 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 15 day of June, 2011.
Robert Kiefer, 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 15 day of
June, 2011, by the following vote, to wit:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
PLN 11 -00091 (CUP) — 12056 Paramount Blvd
June 15, 2011 - Page 2
Theresa Donahue, Secretary
City Planning Commission
Resolution No. 11 -2719
Downey Planning Commission
PLANNING
PLN -11 -00091 (CONDITIONAL USE PERMIT)
EXHIBIT A — CONDITIONS OF APPROVAL
1) The approval of PLN -11 -00091 (Conditional Use Permit), allows a Type 47 (On -Sale
General, Eating Place) alcohol license at a new restaurant located at 12056 Paramount
Boulevard, zoned C -1 (Neighborhood Commercial).
2) The restaurant's hours of operation are as follows:
Monday though Thursday, 9:00 a.m. — 11:00 p.m.
Friday through Sunday, 9:00 a.m. — 12:00 a.m.
3) The sales of alcoholic beverages shall stop one (1) hour before closing time.
4) No banquet, bar, or live entertainment activities shall be permitted on the subject site.
5) The owner /applicant shall not permit any loitering on the subject site.
6) Customers shall not be within the business after the specified closing time.
7) Prior to occupy the building, the owner /applicant shall submit plans and receive approval
from the Building Division for the construction of a new trash enclosure (with roof cover).
8) The sale of alcohol shall be incidental to the sale of food within the dining area.
9) Approval of this 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.
10) 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.
11) Noise generated from the business shall comply with Municipal Code Section 4600 et.
seq. In any case, noise shall not exceed 65 dBA, as measured at the property line.
12) The parking lot shall be equipped with lighting of sufficient power to illuminate and make
easily discernable the appearance and conduct of all persons on or about the parking
lot. However, parking lot lighting shall be shielded, directed, and /or positioned as to not
illuminate adjoining properties or right -of -ways.
13) All roof - mounted mechanical equipment shall be screened from public view. The working
drawings shall include a cross - section detail to illustrate that the height of the building
parapet is sufficient to screen all roof - mounted equipment from the view of adjoining
streets and neighboring properties.
14) The gross sales of alcohol shall not exceed the gross sales of food. At the request of
the City Planner, the applicant shall provide evidence that the gross sales of food
exceed 50% the gross sale of alcohol.
PLN 11 -00091 (CUP) — 12056 Paramount Blvd
June 15, 2011 - Page 3
Resolution No. 11 -2719
Downey Planning Commission
BUILDING
15) All construction shall comply with the 2010 California Building Code and Title 24 of the
California Energy Code.
16) Prior to the commencement of construction, the applicant/owner shall obtain all required
permits. Additionally, the applicant shall obtain all necessary inspections and permit
final prior to beginning operation of the site.
POLICE
17) Prior to occupy the building, the owner /applicant shall obtain any and all required Police
Department permits for this Conditional Use Permit.
18) A copy of this conditional use permit and any Police permit shall be prominently posted
on the premises at all times. The applicant shall make available said copies upon
request by any Police Officer or other City official charged with the enforcement of the
City's laws, ordinances, or regulations.
19) The owner /applicant shall provide licensed and bonded, uniformed patrolmen or security
guards at such times as determined by, and in consultation with, the Chief of Police.
The number of security guards shall be determined by the Chief of Police and may be
increased or decreased as the Chief of Police determines is necessary.
20) Signs shall be posted at all entrances to the premises and business identifying a zero -
tolerance policy for nuisance behavior at the premises (including the parking lot).
21) Payment for beverage services shall be made only after such services have been
provided to the patrons by the business.
22) The owner /applicant shall comply with and strictly adhere to all conditions of any permit
issued by the Alcohol Beverage Control ( "ABC ") to the applicant and any applicable
regulations of ABC.
PLN 11 -00091 (CUP) — 12056 Paramount Blvd
June 15, 2011 - Page 4
DATE: JUNE 15, 2011
TO: PLANNING COMMISSION
FROM: BRIAN SAEKI, COMMUNITY DEVELOPMENT DIRECTOR
DAVID BLUMENTHAL, SENIOR PLANNER
SUBJECT: PLN -11 -00125 (SITE PLAN REVIEW) — REQUEST TO CONSTRUCT A 3,038
SQUARE FOOT ADDITION TO AN EXISTING 12,129 SQUARE FOOT BUILDING
FOR CHAMPION FIAT AND A GENERAL PLAN CONSISTENCY FINDING
ALLOWING THE CITY TO SELL THE SUBJECT SITE, WHICH IS LOCATED AT
9715 FIRESTONE BLVD, ZONED C -2 (GENERAL COMMERCIAL).
CEQA
Staff has reviewed the proposed use for compliance with the California Environmental Quality
Act (CEQA). Upon completion of this review, it has been determined that this request is
categorically exempt from CEQA, pursuant to Guideline Section No. 15301 (Class 1, Existing
Facilities). Categorical Exemptions are projects, which have been determined not to have a
significant effect on the environment and have been exempted from the requirements of the
California Environmental Quality Act. Class 1 consists of projects that involve no or negligible
expansion of the existing use. According to the CEQA Guidelines this includes additions, up to
10,000 square feet, in urban areas that all public services and facilities are available, such as
the City of Downey.
RECOMMENDATION
Staff recommends that the Planning Commission take the following actions:
1) Adopt the following titled resolution:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING A SITE PLAN REVIEW (PLN -11- 00125), THEREBY ALLOWING THE
CONSTRUCTION OF A 3,038 SQUARE FOOT ADDITION TO AN EXISTING 12,129 SQUARE
FOOT BUILDING FOR CHAMPION FIAT ON PROPERTY LOCATED AT 9715 FIRESTONE
BLVD, ZONED C -2 (GENERAL COMMERCIAL)
2) Adopt a finding, via Minute Action, to determine that the City's disposal of the subject site,
through the sale to the applicant, is consistent with the City's General Plan (Vision 2025).
CODE AUTHORITY
STAFF REPORT
The applicant is making their request pursuant to the provisions of Municipal Code Section
9820.04, which requires approval of a Site Plan Review from the Planning Commission prior to
constructing any addition to a commercial building that is greater than 10% of the existing building.
The Planning Commission's authority to consider the requested Site Plan Review is set forth in
PLANNING DIVISION
CITY OF DOWNEY, CALIFORNIA
Municipal Code Section 9820 (Site Plan Review). The Planning Commission authority to consider
the sale of the property resides in the State of California Government Code Section 65402.
SITE LOCATION
9715 Firestone Blvd
SITE DESCRIPTION
A. Subject Property
1. Property Information
Site Location:
2. Applicant Information
Applicant:
Property Owner:
3. CEQA Determination:
4. Noticing Information
Applicant Notification:
Required Action Date:
9715 Firestone Blvd
(AIN 6287- 025 -024 & 025)
Paul Antepara
Champion Fiat
9715 Firestone Blvd
Downey, CA 90241
City of Downey
11111 Brookshire Ave
Downey, CA 90241
May 27, 2011
July 26, 2011
Site Plan Review (PLN -11- 00125) — 9715 Firestone Blvd
June 15, 2011 - Page 2
Categorical Exemption (Class 1)
B. Surrounding Properties
North — To the north of the subject site is the Rio San Gabriel park, a 16 -acre
community park that is zoned R -1 8,000 (Single Family Residential) and has a General
Plan Land Use Designation of Open Space.
South - The site to the south of the project site is bounded by Firestone Blvd. Across
Firestone is concrete tilt -up industrial park that is zoned M -1 (Light Manufacturing) and
P -B (Parking Buffer) and has a General Plan Land Use Designation of Commercial
Manufacturing. There are multiple industrial businesses that operate at the site.
East — Adjacent to the east side of the property is a vacant parcel that is zoned R -1
5,000 (Single Family Residential) and has a General Plan Land Use Designation of
Open Space. Beyond this vacant parcel is the San Gabriel River.
West - The property to the west of the subject site is improved with a new car dealership
(Champion Dodge). This property is zoned C -2 (General Commercial) and has a
General Plan Land Use Designation of General Commercial.
C. Site Photographs
View of two -story sales /office building
Site Plan Review (PLN -11- 00125) — 9715 Firestone Blvd
June 15, 2011 - Page 3
BACKGROUND
View of metal repair building
The subject site is a 4.12 acre irregular shaped parcel that is located on the north side of
Firestone Blvd, west of the San Gabriel River. Previously, this site was used as a new car
dealership (Downey Suzuki), which closed in 2004. After which, the site has been used off and
on as a Dodge dealership. Most recently the site is used by Champion Dodge, which occupies
the adjacent property, as an additional display and storage area. The site has a General Plan
Land Use Designation of GC (General Commercial) and is within the C -2 (General Commercial)
zone.
The site is improved with a 12,129 square foot two -story block building that was the used as the
sales and office area. Additionally, there is an 8,050 square foot metal building that was used
for repairs and maintenance of vehicles, and a car wash canopy. The remainder of the site is
used has vehicle display (sales) area and storage area. The site has a grade differential with
the front (south) portions of the lot being approximately six feet higher than the rear (north) side
of the lot. The lower lot can be accessed via ramps on either side of the block building. This
results in the two -story sales /office block building having a single story appearance, as viewed
from Firestone Blvd.
Site Plan Review (PLN -11- 00125) — 9715 Firestone Blvd
June 15, 2011 - Page 4
On May 19, 2011, the applicant submitted a Site Plan Review (PLN -11- 00125) application,
requesting to construct a 3,038 square foot addition to the sales /office building. After a review of
the request, staff deemed the application completed on May 27, 2011.
On June 2, 2011, notice of the pending application published in the Downey Patriot. Furthermore,
the notice was mailed to all property owners within 500' of the subject site.
DISCUSSION /ANALYSIS
The applicant is proposing to construct a 3,038 square foot addition on the south side of
office /sales building. This addition will be used as a new showroom for Downey Fiat, which is
proposing to open on the site. Additionally, the applicant is proposing to add two service
entrance canopies, one of which is on the west side of the building, at the ramp from the upper
to the lower level of the lot, and the other of which is on the south side (on the lower portion of
the lot) of the building. Since the addition will be used as the showroom, the majority of it will be
finished with storefront framing and glass walls. The remainder will be a fiber cement panel that
is painted a gray and an aluminum composite panel that is red. To blend the addition into the
existing building, the applicant is proposing to cover the western and eastern sides of the
building with the fiber cement panels and paint the entire building with the new color scheme. It
is staff's opinion that these finishes will give the building a clean modern look that is consistent
with recently developed new car dealerships. Upon completion, the upper floor of the building
will include the showroom, sales area, and business offices. The lower floor of the building
includes the service and parts departments.
The outdoor vehicle display area will be located on the south side of the buildings, closest to
Firestone Blvd and customer parking will be located immediately south of the metal repair
building on the east side of the sales /office building. To ensure adequate access to the
customer parking, staff is recommending a condition of approval that a 25' wide drive aisle
(code minimum) and directional signs be provided from the street to the customer parking area.
Based on a review of the proposal, staff has noted that the request meets or exceeds all
development standards for the addition, with the exception of landscaping. In this case, the
landscaping is existing nonconforming, in which the Code does not require the applicant to bring
it into compliance. A summary of the development standards for the sales /office building is as
follows:
Standard
Lot
Requirement
Existing Proposed
Area
Width
Depth
FAR
Lot Coverage
Height
Above Curb
Above Finished Grade
Setbacks
Front
Rear
Side (west)
Side (east)
Building Separation
10,000 s.f.
100'
100'
1.4
50%
45'
N/A
179,467 s.f.
374.77'
529.06'
0.11
7.9%
19' -2"
25' -2"
15' 110' -3" 85' -2"
46' 366' -9" 341 ' -2"
0' 57' -4" 0' -0"
46' 174' -0" 159' -0"
20' 32' -10" 32' -10"
Site Plan Review (PLN -11- 00125) — 9715 Firestone Blvd
June 15, 2011 - Page 5
179,467 s.f.
374.77'
529.06'
0.13
8.7%
19' -2"
25' -2"
Notwithstanding the code provisions, staff noted several deficiencies on the site that need to be
addressed as part of this project. This includes repairing the parking lot, painting the other
building and light standards, repairing the block wall along the front of the lot, and repairing the
chain link fence along the rear and eastern property lines. Furthermore, the Fire Department
has raised a concern about site access. Accordingly, staff is recommending a condition of
approval that the applicant provide a 20' wide continuous emergency access (fire lane) from the
public right of way through all portions of the site. The conditions of approval also require a
secondary means of emergency access be provided along the north property line via the Rio
San Gabriel Park's parking lot. However, there is an approximate two (2') foot grade difference
between the park's parking lot and the subject site. This will require the applicant to grade in an
emergency access driveway. Due to the expense of the driveway and due to the fact that it will
most likely require grading within the park's parking lot, staff is recommending that the applicant
be given two (2) years to complete this requirement.
In addition to these site maintenance /access issues, the Public Works Department is requesting
a small street dedication along Firestone Blvd. The Firestone Blvd Bridge over the San Gabriel
River, which was originally built in 1934, is in dire need of replacement due to age and wear.
Accordingly, the County of Los Angles has designed a new wider bridge that meets current
traffic standards. As a result an approximate 708 square foot dedication is required from the
applicant to transition all west bound traffic from the new bridge to the existing Firestone Blvd
right of way. Based on the survey conducted by the County of Los Angeles, the dedication
would only affect the landscape area along Firestone Blvd. While this would reduce the already
non - conforming site landscaping, Municipal Code 9522.08 allows the Planning Commission to
require this dedication as part of the Site Plan Review. It is staff's opinion that there is a nexus
to require this dedication based on the increase in traffic from reestablishing a stand -alone car
dealership and expanding the showroom at the site.
Findings
Pursuant to Municipal Code Section 9820.08, there are seven (7) findings that the Planning
Commission must adopt in order to approve the Site Plan Review. A discussion is as follows:
1. 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.
The proposed Site Plan Review is to construct an addition to existing building to allow for a
showroom for a new car dealership. The subject property has a General Plan Land Use
Designation of General Commercial. According to the General Plan, "The General
Commercial designation allows for a full range of commercial uses including shopping
centers, automobile dealerships, hotels, offices, and automobile repair." Furthermore, it
is a goal of the General Plan to "Ensure the continued fiscal balance of the community'
(Goal 9.3). Inasmuch as the proposed addition is to allow for a showroom for a new car
dealership, staff is of the opinion that approval of this Site Plan Review is consistent with
the intent of the General Commercial Land Use Designation and Goal 9.3 of the General
Plan.
Site Plan Review (PLN -11- 00125) — 9715 Firestone Blvd
June 15, 2011 - Page 6
2. The proposed development is in accordance with the purposes and objectives of
Article IX and the zone in which the site is located.
The subject site is within the C -2 (General Commercial) zone. According to the
Municipal Code, "the C -2 Zone is intended to provide for and encourage the orderly
development of general commercial uses, with a wide variety of goods and services, for
the residents of the entire City, with provisions designed to ensure that such commerce
will be efficient, functionally related, and compatible with adjacent noncommercial
development." Additionally, the proposed addition meets all of the development
standards set forth in the C -2 zone. It is staff's opinion that the proposed new car
dealership is consistent with the intent of the C -2 zone, since the car sales lot is intended
to serve the community as a whole, rather than a local neighborhood. Staff is of the
further opinion that since the proposal meets all of the development standards it is being
proposed in accordance with the objectives of the zone.
3. 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.
The subject site is located on Firestone Blvd near the eastern boundary of the City. The
surrounding properties include a Dodge dealership and a concrete tilt -up industrial park.
It is staff's opinion that the proposed architectural design will complement the
architecture of the surrounding uses. Furthermore, the landscaping at the front of the
site is continuous with the Dodge dealership, giving the streetscape a harmonious look
and feel.
4. 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 applicant has laid out the site in a manner that is conducive to operating a new car
dealership. It is staff's opinion that since the architecture of the buildings are oriented
towards the street and the customer parking is located near the showroom, that the
proper consideration has been given in the site design towards pedestrian circulation
and the streetscape.
5. 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 architecture is a modern design, with the use of both fiber cement panels
and aluminum composite panels. While this type of architectural style is not typically
found in the City, staff is of the opinion that it is not extremely dissimilar from other
Site Plan Review (PLN -11- 00125) — 9715 Firestone Blvd
June 15, 2011 - Page 7
buildings in the City. Furthermore, staff believes that this project will upgrade the overall
appearance of the site and in turn improve the community appearance.
6. 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.
In recent years, the property has fallen into a slight state of disrepair, with weeds
growing through the parking lot and the buildings needing maintenance. Staff believes
that the applicant's design, in conjunction with the proposed conditions of approval, will
upgrade the appearance of the property and the area. Furthermore, the Fire
Department has requested additional access to the site, which will result in a betterment
of condition to protect the public safety.
7. 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.
As part of the recommended resolution for approval, staff is recommending several
conditions of approval for this Site Plan Review. This includes the use of graffiti resistant
materials in the construction of the building. With these conditions of approval, staff
believes that this finding can be adopted.
General Plan Consistency
Currently, the property is owned by the City of Downey; however, the City has agreed to sell this
property to the applicant in order for him to establish the Fiat dealership at the site.
Notwithstanding this, State of California Government Code Section 65402 requires that the City
adopt a finding that the sale of the property is consistent with the adopted General Plan.
In considering this, staff has noted that the subject property has a General Plan Land Use
Designation of General Commercial. According to the General Plan, "The General Commercial
designation allows for a full range of commercial uses including shopping centers, automobile
dealerships, hotels, offices, and automobile repair." By allowing the sale of the property, in staff's
opinion, the City will facilitate the establishment of a new car dealership, which is consistent with
the General Commercial Land Use Designation. Furthermore, it is a policy of the General Plan
(Policy 9.3.1) to "Balance the maximization of revenue generation with costs for providing
services." This policy is implemented by General Plan Program 9.3.1.3 that states "Encourage
the growth and establishment of industries that generate local point -of -sale tax advantages." It
is staff's opinion that allowing the sale of the property to establish the car dealership will assist
in implementing the policy and program since new vehicle sales are a large generator of local
sales taxes. Therefore, staff believes that the sale of the property is consistent with the General
Plan and that the Planning Commission can make this finding.
CORRESPONDENCE
As of the date that this report was printed, staff has not received any correspondence regarding
this matter.
Site Plan Review (PLN -11- 00125) — 9715 Firestone Blvd
June 15, 2011 - Page 8
CONCLUSION
Based on the analysis contained within this report, staff is concluding that the proposed addition
is consistent with the goals and intent of the General Plan and Zoning Code. Furthermore, staff
is concluding that the style of the buildings will complement the area and provide a general
upgrade to the aesthetic quality of the area. Finally, as noted above, staff believes that all
seven findings required approving a Site Plan Review and a finding to find the proposal
consistent with the General Plan can be made in a positive manner. As such, staff is
recommending that the Planning Commission approve the Site Plan Review (PLN -11- 00125),
subject to the recommended conditions of approval.
H: \Community Development \Blumenthal\ Projects \Firestone_9715 \PLN -11- 00125 \Staff Report_2011- 6- 15.doc
Site Plan Review (PLN -11- 00125) — 9715 Firestone Blvd
June 15, 2011 - Page 9
Exhibit `A' — Aerial Photograph
Site Plan Review (PLN -11- 00125) — 9715 Firestone Blvd
June 15, 2011 - Page 10
Exhibit `B' — Zonina Map
Site Plan Review (PLN -11- 00125) — 9715 Firestone Blvd
June 15, 2011 - Page 11
RESOLUTION NO. 11 -2720
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY APPROVING A SITE PLAN REVIEW (PLN -11- 00125), THEREBY
ALLOWING THE CONSTRUCTION OF A 3,038 SQUARE FOOT ADDITION TO
AN EXISTING 12,129 SQUARE FOOT BUILDING FOR CHAMPION FIAT ON
PROPERTY LOCATED AT 9715 FIRESTONE BLVD, ZONED C -2 (GENERAL
COM M ERCIAL)
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 19, 2011, the applicant submitted a request to construct a 3,038 square foot
addition to an existing 12,129 square foot building for Downey Fiat; and,
B. On May 27, 2011, after review of the proposal, staff deemed the application complete;
and,
C. On June 2, 2011, notice of the pending application was mailed to all property owners
within 500' of the subject site and published in the Downey Patriot; and,
D. The Planning Commission held a duly noticed public hearing on June 15, 2011 and
after fully considering all oral and written testimony and facts and opinions offered at
the aforesaid public hearing adopted this resolution, 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. 15301 (Class 1, Existing Facilities).
SECTION 3. Having considered all of the oral and written evidence presented to it at
said public hearings, regarding the Site Plan Review, the Planning Commission further finds,
determines and declares that:
1. 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. The proposed Site Plan
Review is to construct an addition to existing building to allow for a showroom for a new
car dealership. The subject property has a General Plan Land Use Designation of
General Commercial. According to the General Plan, "The General Commercial
designation allows for a full range of commercial uses including shopping centers,
automobile dealerships, hotels, offices, and automobile repair." Furthermore, it is a goal
of the General Plan to "Ensure the continued fiscal balance of the community' (Goal
9.3). Inasmuch as the proposed addition is to allow for a showroom for a new car
dealership approval of this Site Plan Review is consistent with the intent of the General
Commercial Land Use Designation and Goal 9.3 of the General Plan.
2. 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 within the C -2
(General Commercial) zone. According to the Municipal Code, "the C -2 Zone is
intended to provide for and encourage the orderly development of general commercial
uses, with a wide variety of goods and services, for the residents of the entire City, with
provisions designed to ensure that such commerce will be efficient, functionally related,
Resolution No. 11 -2720
Downey Planning Commission
and compatible with adjacent noncommercial development." Additionally, the proposed
addition meets all of the development standards set forth in the C -2 zone. The proposed
new car dealership is consistent with the intent of the C -2 zone since the car sales lot is
intended to serve the community as a whole, rather than a local a neighborhood.
Furthermore, since the proposal meets all of the development standards it is being
proposed in accordance with the objectives of the zone.
3. 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. The subject
site is located on Firestone Blvd at the eastern boundary of the City. The surrounding
properties include a Dodge dealership and a concrete tilt -up industrial park. The
proposed architectural design will complement the architecture of the surrounding uses.
Furthermore, the landscaping at the front of the site is continuous with the Dodge
dealership, giving the streetscape a harmonious look and feel.
4. 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 applicant has laid out the site in a manner that is conducive to operating a new car
dealership. Since the architecture of the buildings is oriented towards the street and the
customer parking is located near the showroom, proper consideration has been given in
the site design towards pedestrian circulation and the streetscape.
5. 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 architecture is a modern design, with the use of both fiber cement panels
and aluminum composite panels. While this type of architectural style is not typically
found in the City, it is not extremely dissimilar from other buildings in the City.
Furthermore, this project will upgrade the overall appearance of the site and in turn
improve the community appearance.
6. 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. In recent years, the property
has fallen into a slight state of disrepair, with weeds growing through the parking lot and
the buildings needing maintenance. The applicant's design, in conjunction with the
conditions of approval, will upgrade the appearance of the property and the area.
Furthermore, the additional emergency access to the site will be provided, which will
result in a betterment of condition to protect the public safety
7 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. As part of the conditions of approval for this Site
Plan Review, a condition of approval has been included to require the use of graffiti
resistant materials in the construction of the building.
Site Plan Review (PLN -11- 00125) — 9715 Firestone Blvd
June 15, 2011 - Page 2
Resolution No. 11 -2720
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 the Site Plan
Review (PLN -11- 00125), 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 15 day of June, 2011
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
Site Plan Review (PLN -11- 00125) — 9715 Firestone Blvd
June 15, 2011 - Page 3
Robert Keifer, 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 15 day of June,
2011 by the following vote, to wit:
Theresa Donahue, Secretary
City Planning Commission
Resolution No. 11 -2720
Downey Planning Commission
SITE PLAN REVIEW (PLN -11- 00125)
EXHIBIT A - CONDITIONS
PLANNING
1) The approval of this Site Plan Review (PLN -11- 00125) allows for the construction of a
3,038 square foot addition to an existing sales /office building for Downey Fiat on
property located at 9715 Firestone Blvd.
2) Approval of this Site Plan Review 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) Prior to the final of building permits, the metal repair building shall be painted to match
the proposed addition. Final color scheme shall be approved by the City Planner.
5) Prior to the final of building permits, all portions of the parking lot (including upper and
lower portions) shall be repaired, patched, and slurry sealed.
6) Prior to the final of building permits, all light standards on the site shall be repainted.
7) Prior to the final of building permits, the chain link fence along the north and the east
property line shall be repaired or replaced so as not to lean over. The applicant shall
work with the City Planner to determine which areas may be repaired and which areas
shall be replaced. Additionally, a solid material shall be provided along the northern
property line fence to screen the site from the adjacent park.
8) Prior to the final of building permits, damaged portions of the block wall along the front
landscape area shall be repaired.
9) The applicant shall maintain a 25' wide drive aisle from the street to the customer
parking area. Additionally, the applicant shall provide appropriate directional signs, as
determined by the City Planner, to guide customers from the street to the customer
parking area.
10) The all buildings, including windows, shall be finished with graffiti resistant materials.
Prior to the issuance of building permits, the applicant shall demonstrate to the
satisfaction of the City Planner, that the finished materials will comply with this
requirement.
11) Any graffiti applied to the site shall be removed within 48 hours.
12) The applicant shall comply with the art in public places requirements set forth in Downey
Municipal Code 8950 et seq.
13) All signs shall comply with Chapter 6 of Article IX of the Downey Municipal Code.
Site Plan Review (PLN -11- 00125) — 9715 Firestone Blvd
June 15, 2011 - Page 4
Resolution No. 11 -2720
Downey Planning Commission
BUILDING
14) All construction shall comply with the 2010 California Building Code and Title 24 of the
California Energy Code.
15) Prior to the commencement of construction, 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
16) The applicant shall install all new utilities associated with this project underground.
17) 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.
18) Prior to the issuance of permits, the applicant shall complete a Construction &
Demolition (C &D) Waste Management Plan per Article V, Chapter 8 of the Downey
Municipal Code.
19) The applicant shall dedicate up to 708 square feet along Firestone Blvd frontage for a
proposed right -of -way widening. Prior to the final of building permits, the applicant shall
record a "Dedication for Street Purposes" that is approved by the Director of Public
Works.
20) Prior to the issuance of building permits, the applicant shall obtain approval of a water
utility plan to determine that there is sufficient supply to meet the water usage demand
(including fire sprinklers) of the site.
FIRE DEPARTMENT
21) Plans to be submitted through Building and Safety and shall comply with 2010 California
Fire Code, 2010 California Building Code, current Downey Municipal Code Ordinances
and any other pertinent requirements to be determined at time of plan submission and
review.
22) The applicant shall provide a 20' wide continuous emergency access lane (Fire Lane)
from the public right -of -way through all portions of the site.
23) Prior to the issuance of building permits, the applicant shall provide a fire flow test (for all
hydrants and necessary water lines) to ensure sufficient capacity exists on the site.
24) All buildings on site shall have a fully automatic fire sprinkler system, which is approved
by the City of Downey Fire Department, throughout.
25) A commercial fire alarm system, which is approved by the City of Downey Fire
Department, shall be provided on all buildings.
26) Prior to the final of building permits, the applicant shall provide signage identifying all
utility shutoffs and system controls.
Site Plan Review (PLN -11- 00125) — 9715 Firestone Blvd
June 15, 2011 - Page 5
Resolution No. 11 -2720
Downey Planning Commission
27) Prior to the final of building permits, the applicant shall provide Knox box/lock access to
all buildings and gates on the site.
28) Within two (2) years after final of building permits the applicant shall provide a secondary
emergency access to the site through the northern property line. This shall include an
approach within the Rio San Gabriel Park's parking lot to account for the grade
differential. The approach shall be designed by the applicant and shall require approval
by the Director of Public Works and the Fire Chief. The emergency access may be
secured with a combination of gate and removable bollards, provided Knox locks are
utilized.
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Site Plan Review (PLN -11- 00125) — 9715 Firestone Blvd
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