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HomeMy WebLinkAbout1. PLN-13-00179 - 8050 Florence Ave STAFF REPORT PLANNING DIVISION CITY OF DOWNEY, CALIFORNIA DATE: DECEMBER 4, 2013 TO: PLANNING COMMISSION FROM: BRIAN SAEKI, DIRECTOR OF COMMUNITY DEVELOPMENT DAVID BLUMENTHAL, SENIOR PLANNER SUBJECT: PLN-13-00179 (MISCELLANEOUS ACTION) – A REQUEST TO AMEND THE CONDITIONS OF APPROVAL TO ALLOW AN EMERGENCY GENERATOR AT A VERIZON WIRELESS TELECOMMUNICATION FACILITY. LOCATION: 8050 FLORENCE AVE (AIN 6251-030-029) ZONING: C-P (PROFESSIONAL OFFICE) REPORT SUMMARY There are 12 wireless communication antennas on the roof of the building located on the site, which were approved by the now defunct Design Review Board on July 9, 2008. One of the conditions of approval imposed by the Design Review Board prohibited a permanent emergency generator in conjunction with the wireless communication antennas. The applicant is requesting to modify this approval to allow for a generator to be located on the site. Based on the analysis contained within this report and accompanied noise study, staff is recommending the Planning Commission adopt the following titled resolution: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING PLN-13-00179 (MISCELLANEOUS ACTION), THEREBY ALLOWING AN EMERGENCY GENERATOR AT A VERIZON WIRELESS TELECOMMUNICATION FACILITY ON PROPERTY LOCATED AT 8050 FLORENCE AVENUE, ZONED C-P (PROFESSIONAL OFFICE ). BACKGROUND The subject site is a 1.24 acre rectangular shaped lot that is located on the south side of Florence Avenue, east of Paramount Blvd. The site has a General Plan Land Use Designation of Office and is within the C-P (Professional Office) zone. The site is currently improved with a two-story office building adjacent to Florence Avenue (the north building) and a second two-story office building in the central portion of the site (the south building). The parking lot is located on the south side of the north building and surrounds the south building. To access the parking area, there is a direct access driveway way from Florence Ave. Additionally, Western Ave can be access via the adjacent lot to the east. The property to the east of the subject site is a three-story office building that is also within the C-P (Professional Office) zone and has a General Plan Land Use Designation of Office. This building contains a variety of offices uses and a restaurant (The Palms). To the north of the subject site (across Florence Avenue) are several parcels that are within the C-1 (Neighborhood Commercial) zone and have a General Plan Land Use Designation of General Commercial. Most of these parcels are improved with a variety of commercial (retail, office, personal services) uses; however, there are single-family residential uses on a couple of the lots. The west side of the project site is a five-unit residential development, which is separated from the project site by a chain link fence. Like the subject site, this property is also within the C-P (Professional Office) zone and has a General Plan Land Use Designation of Office. Finally, to the south of the subject site is a 104 unit apartment complex that is within the R-3 (Multi-Family Residential Zone) and has a General Plan Land Use Designation of Medium Density Residential. View of property from Florence Ave On July 9, 2008, the now defunct Design Review Board approved an application to allow Verizon Wireless to locate 12 panel antennas on the roof of the building, which are located behind a screen wall. As a condition of approval, the Design Review Board prohibited Verizon from installing a back-up generator at the site, except a temporary generator may be used in the event of an emergency. On August 22, 2013, the applicant (Al Gamboa representing Verizon Wireless) submitted a request to amend the conditions of approval to allow a permanent back-up generator to be located at the site. Staff deemed this application incomplete, pending the preparation of a noise study. The approved noise study was received on October 30, 2013, as such; staff deemed the application complete on November 15, 2013. On November 21, 2013, notice of the pending application was published in the Downey Patriot and mailed to all property owners within 500’ of the subject site. DISCUSSION/ANALYSIS The proposed generator will be located adjacent to the southwest corner of the north building, which places it next to the western property line. The purpose of the generator is to keep cellular service operational in the area during power outages. The generator will be enclosed within an Miscellaneous Action (PLN-13-00179) – 8050 Florence Ave December 4, 2013 - Page 2 eight foot tall block enclosure, which not only screens the generator from view but provides necessary noise mitigation. Typically the generator will remain dormant and is only used in the event of a power outage. The exception to this rule is testing of the generator, which will not exceed a 15 minute interval once a week. As previously noted the Design Review Board approved the wireless communication antennas at the site. Due to concerns about noise impacts, the Design Review Board included the following condition of approval: No generator shall be stored on site. In the event of an emergency, a temporary generator may be brought on site to ensure the continual operation of the cellular facility; however, prior to locating a temporary generator on the site, the applicant shall obtain a permit from the City of Downey. Prior to issuance of the permit for the temporary generator, the City shall review the location of the generator to minimize adverse impacts to the neighboring properties and occupants of the building. Due to the close proximity of residential uses noise impact remains a concern for staff. Under the Municipal Code, the limits for the amount of noise at the property line of residential uses are 55 dBA from 7:00 a.m. to 10:00 p.m. and 45 dBA from 10:00 p.m. to 7:00 a.m. This noise level is allowed to increase an additional 5 dBA for short term uses, such as the testing of generator. It should be noted that the noise ordinance is suspended in case of emergencies (such as a power outage). In order to ensure the generator will not impact the adjoining residences, a noise study has been prepared to analyze noise generated by operation of the generator. The noise study shows that with the block enclosure, the generator will create a sound of 57.8 dBA at the western property line, which is within the daytime limits of temporary noise. Accordingly, staff has recommended a condition of approval that limits the hours of testing of the generator from 7:00 a.m. to 10:00 p.m. Since noise will not be impacted, staff is supportive of this request. Staff believes that installation of the generator will benefit those who live and work in the area by keeping the cellular telephone service operational during power outages. ENVIRONMENTAL ANALYSIS 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 that operation of an emergency back-up generator will not constitute a significant expansion of the cellular antennas, thus making this request consist with Class 1 exemptions. CORRESPONDENCE As of the date that this report was printed, staff has not received any correspondence regarding this matter. Miscellaneous Action (PLN-13-00179) – 8050 Florence Ave December 4, 2013 - Page 3 CONCLUSION Based on the analysis contained within this report, staff is concluding that the proposed project will not create significant adverse impact to the area, provided that all conditions of approval are adhered to. As such, staff is recommending that the Planning Commission approve PLN-13- 00179 to allow the installation of an emergency back-up generator, subject to the recommended conditions of approval. Miscellaneous Action (PLN-13-00179) – 8050 Florence Ave December 4, 2013 - Page 4 Exhibits Location Aerial Photograph Miscellaneous Action (PLN-13-00179) – 8050 Florence Ave December 4, 2013 - Page 5 500’ Radius Zoning Miscellaneous Action (PLN-13-00179) – 8050 Florence Ave December 4, 2013 - Page 6 RESOLUTION NO. __________ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING PLN-13-00179 (MISCELLANEOUS ACTION), THEREBY ALLOWING AN EMERGENCY GENERATOR AT A VERIZON WIRELESS TELECOMMUNICATION FACILITY ON PROPERTY LOCATED AT 8050 FLORENCE AVENUE, ZONED C-P (PROFESSIONAL OFFICE ). 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 July 9, 2008, the Design Review Board (DRB) approved Design Review No. 08-51, thereby installation of a wireless communication facility on the roof of the subject site. As a condition of approve, the DRB prohibited the installation of a back-up generator at the site; and, B. On October 28, 2008, the Design Review Board was disbanded with adoption of the new zoning code; and, C. On August 22, 2013, the applicant (Al Gamboa representing Verizon Wireless) submitted a request to amend the conditions of approval to allow a permanent back-up generator to be located at the site. This application was deemed incomplete do to the need to prepare a noise study; and, D. On October 30, 2013, the applicant submitted the remaining material requested by staff. Accordingly, staff deemed the application complete on November 15, 2013; and, E. On November 21, 2013, notice of the pending application published in the Downey Patriot and mailed to all property owners within 500' of the subject site; and, F. The Planning Commission held a duly noticed public hearing on December 4, 2013, and after fully considering all oral and written testimony and facts and opinions offered at the aforesaid public hearing adopted this resolution. SECTION 2. The Planning Commission further finds, determines and declares the environmental impact of the proposed development has been reviewed and has been found to 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 hearing, the Planning Commission further finds, determines and declares that the that installation of the generator will benefit those who live and work in the area by keeping the cellular telephone service operational during power outages. 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 a Miscellaneous Action (PLN- 13-00179), 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 Resolution No. _______ Downey Planning Commission 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 4th day of December, 2013. Louis Morales, 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 4th day of December, 2013, by the following vote, to wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Mary Cavanagh, Secretary City Planning Commission Miscellaneous Action (PLN-13-00179) – 8050 Florence Ave December 4, 2013 - Page 2 Resolution No. _______ Downey Planning Commission MISCELLANEOUS ACTION (PLN-13-00179) EXHIBIT A - CONDITIONS PLANNING 1) The approval of the Miscellaneous Action (PLN-13-00179) hereby approves the installation of a back-up emergency generator for a Verizon Wireless communication facility on property located at 8050 Florence Ave. 2) Approval of this Miscellaneous Action (PLN-13-00179) shall not be construed to mean any waiver of applicable and appropriate zoning regulations, or any Federal, State, County, and City laws and regulations. Unless otherwise expressly specified, all other requirements of the City of Downey Municipal Code shall apply. 3) The City Planner is authorized to make minor modifications to the approved preliminary plans or any of the conditions if such modifications shall achieve substantially the same results as would strict compliance with said plans and conditions. 4) The Owner/Applicant agrees, as a condition of approval of this resolution, to indemnify, defend and hold harmless, at Applicant's expense, City and City's agents, officers and employees from and against any claim, action or proceeding commenced within the time period provided in Government Code Section 66499.37 to attack, review, set aside, void or annul the approval of this resolution, to challenge the determination made by City under the California Environmental Quality Act or to challenge the reasonableness, legality or validity of any condition attached hereto. City shall promptly notify Applicant of any such claim, action or proceeding to which City receives notice, and City will cooperate fully with Applicant in the defense thereof. Applicant shall reimburse the City for any court costs and attorney's fees that the City may be required to pay as a result of any such claim, action or proceeding. City may, in its sole discretion, participate in the defense of any such claim, action or proceeding, but such participation shall not relieve Applicant of the obligations of this condition. 5) All conditions of approval set forth in this resolution shall be complied with before the Miscellaneous Action (PLN-13-00179) becomes valid. 6) The back-up generator shall only be used as a result of a power outage on the subject site, with exception of weekly testing. Weekly testing shall only occur between the hours of 7:00 a.m. and 10:00 p.m. and shall not exceed 15 minutes in duration. 7) The generator shall be located within a block enclosure. The block shall match the block used on the north building on the subject site. BUILDING 8) All construction shall comply with the most recent version of the California Building Code and Title 24 of the California Energy Code, as adopted by the City of Downey. 9) 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. Miscellaneous Action (PLN-13-00179) – 8050 Florence Ave December 4, 2013 - Page 3 Resolution No. _______ Downey Planning Commission Miscellaneous Action (PLN-13-00179) – 8050 Florence Ave December 4, 2013 - Page 4 FIRE 10) All construction shall comply with the most recent version of the California Fire Code, as adopted by the City of Downey. This shall include, but may not be limited to, 3403.4 Spill control and secondary containment – Class II liquids (diesel fuel) shall be provided with spill control and secondary containment 3403.5 Labeling and signage. Warning signs for the purpose of identifying the hazards of storing or using flammable liquids 3403.6.10 Pipe joints - Joints shall be liquid tight and shall be welded, flanged or threaded except that listed flexible connectors were allowed 3404.2.3.1 Smoking and open flame signage - Signs shall be posted in storage areas prohibiting open flames and smoking. 3404.2.3.2 Label or NFPA 704 placard - Tanks more than 100 gallons in capacity which are permanently mounted and used for the storage of Class II liquids, shall bear a label and placard identifying the material therein. 3404.2.7.3.3 Vent pipe outlets - Vent pipe outlets for tanks storing Class II liquids shall be located such that the vapors are released at a safe point outside of buildings and not less than 12 feet above the finished ground level. Vapors shall be discharged upward or horizontally away from adjacent walls; vent outlets shall be located such that flammable vapors will not be trapped by eaves or other obstructions and shall be at least 5 feet from building openings or lot lines 3404.2.8.6 Vehicle impact protection - Resistant to damage from the impact of a motor vehicle, or vehicle impact protection (i.e. crash bollards) Table 3405.3.4(2) Distance of Tank location to Lot Line/Building (tank of 275 gallons or less) Distance from lot line = 5 feet Distance from building = 5 feet HSC 25404 – Electronically File Hazardous Materials information using the California Environmental Reporting System (CERS) PUBLIC WORKS 11) All new onsite utilities as part of this project shall be installed underground. 12) 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. Furthermore, the owner/applicant shall provide a design that conveys all onsite drainage over a vegetative swale a minimum distance of 20 feet and retain the first 0.75 inches of drainage onsite using either surface detention basins or below grade facilities with flow in excess of the first 0.75 inches allowed to overflow by underground drains to an existing Los Angeles County Public Works storm drain. 13) The proposed generator or enclosure shall not encroach into any existing easement. 14) The owner/applicant shall obtain all necessary plan approvals and permits and shall provide that the standards of improvements, construction materials, and methods of construction shall be in conformance with the Standard Plans and Specification for Public Works Construction and as modified by the City of Downey’s Standard Plans and Specifications