HomeMy WebLinkAbout2. PLN-13-00238 Sprint CUP
STAFF REPORT
PLANNING DIVISION
CITY OF DOWNEY, CALIFORNIA
DATE: JANUARY 15, 2014
TO: PLANNING COMMISSION
FROM: BRIAN SAEKI, DIRECTOR OF COMMUNITY DEVELOPMENT
KEVIN NGUYEN, ASSISTANT PLANNER
SUBJECT: PLN-13-00238 (CONDITIONAL USE PERMIT) – A REQUEST BY SPRINT
CORPORATION TO INSTALL A WIRELESS COMMUNICATION FACILITY
WITHIN AN EXISTING 135-FOOT TALL SOUTHERN CALIFORNIA EDISON
HIGH TENSION TOWER, ON A PUBLIC PARK (WILDERNESS PARK).
LOCATION: 10900 FLORENCE AVENUE (AIN 8020-001-801)
ZONING: C-2 (GENERAL COMMERCIAL)
REPORT SUMMARY
The proposed Land Use Permit Application (PLN-13-00238) is a request from Sprint Corporation
seeking for approval of a conditional use permit to allow the installation of six (6) panel antennas
and a two-foot diameter microwave dish antenna on an existing 135-foot tall Southern California
Edison high tension tower.
Based on the analysis contained within this report, staff feels that all required findings to
approve the conditional use permit can be made in a positive manner. As such, staff is
recommending the Planning Commission adopt the following titled resolution:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING PLN-13-00238 (CONDITIONAL USE PERMIT), A REQUEST BY
SPRINT CORPORATION TO INSTALL SIX (6) PANEL ANTENNAS AND A
TWO-FOOT DIAMETER MICROWAVE DISH ANTENNA ON AN EXISTING 135-
FOOT TALL SOUTHERN CALIFORNIA EDISON HIGH TENSION TOWER.
ADDITIONALLY, SPRINT IS PROPOSING A 320 SQUARE FOOT EQUIPMENT
SHELTER AT THE BASE OF THE TOWER, ON THE WILDERNESS PARK
PROPERTY LOCATED AT 10900 FLORENCE AVENUE, AND ZONED C-2
(GENERAL COMMERCIAL).
BACKGROUND
The subject site is an approximately 60,000 square foot parcel that is located on the south side
of Florence Avenue, between I-605 Freeway and the San Gabriel River. The site is improved
with a public park (Wilderness). It contains several Southern California Edison high tension
towers at the northerly area of the park. It is zoned C-2 (General Commercial) with a General
Plan Land Use Designation of Open Space.
Conditional Use Permit (PLN-13-00238) – 10900 Florence Ave
January 15, 2014 - Page 2
The surrounding land uses include San Gabriel River Mid Trail to the west and similarly zoned
properties with Edison towers to the north. Little Lake Road is on the east side of Wilderness Park.
The south side of the site is improved with single family homes.
On November 12, 2013, a representative for Sprint Corporation, Justin Robinson, submitted a
Land Use Permit Application for PLN-13-00238 (Conditional Use Permit). Staff completed a review
of the application on December 11, 2013, and deemed the application complete. On January 2,
2014, 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
The applicant is proposing to install six (6) antennas and one (1) microwave dish antenna to the
existing 135-foot high Edison tower. The proposed height of the panel antenna is 53 feet above
grade and the microwave dish antenna is at 45 feet. In addition, a new 320 square feet (16’ x
20’) equipment shelter will be constructed at the base of the tower. The height of all antennas
will not exceed the height of the existing Edison tower structure (see elevation sheets).
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 measured at a height of 53 feet above ground, the public will not notice the new
antennas easily. Staff believes that stealthing the antennas and the Edison high tension tower is
unrealistic because of the scale of the tower. However, staff feels the tower’s aesthetic impact can
be mitigated to an extent by painting all wireless antennas, dish antennas, and equipment shelter
to a color that matches it. Furthermore, this proposal is consistent with what other wireless
companies have done to install antennas at the sites similar to the subject property.
ENVIRONMENTAL ANALYSIS
Staff has reviewed the proposed antennas for compliance with the 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 including this
request. It is staff’s opinion the installation of the proposed wireless antenna panels to the
existing structure will not have a significant effect on the environment; thereby qualifying for the
Class 1 exemption.
FINDINGS
Pursuant to Municipal Code Section 9824.06, there are four (4) findings that must be adopted prior
to the Planning Commission approving PLN-13-00238. A discussion of the findings follows:
Conditional Use Permit (PLN-13-00238) – 10900 Florence Ave
January 15, 2014 - Page 3
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 improved with a public recreational park and several Southern
California Edison high tension towers. It is zoned C-2 (General Commercial) with the
San Gabriel River Trail to the west and similarly zoned properties with Edison towers to
the north. The south side of the site is improved with single family homes. Installation of
the antenna panels and related equipment cabinets will not affect neighboring land uses
due to the nature of the use and the manner in which the proposed project is oriented
and designed. Moreover, in order to mitigate aesthetic impacts on surrounding
properties, all new panel antennas and microwave dish antenna will be painted to match
existing Edison high tension tower structure.
C. 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 subject site can be described as being narrow and deep. It is improved with Edison
high tension towers and with public park amenities. The proposed antennas will be
attached to the existing 135-foot high 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 only
requires a single site visit once a month for maintenance. The adjoining streets (Florence
Avenue and Little Lake Road) have 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
Based on the analysis contained within this report, staff recommends that the Planning
Commission adopt a resolution to approve PLN-13-00238 (Conditional Use Permit), thereby
allowing the installation and operation of a wireless communication facility (Sprint) on an existing
135-foot tall Southern California Edison high tension tower, subject to the conditions of approval.
Conditional Use Permit (PLN-13-00238) – 10900 Florence Ave
January 15, 2014 - Page 4
Exhibits
Location
Aerial Photograph
Subject Site
Conditional Use Permit (PLN-13-00238) – 10900 Florence Ave
January 15, 2014 - Page 5
500’ Radius Map
Zoning Map
RESOLUTION NO. 14-____
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING PLN-13-00238 (CONDITIONAL USE PERMIT), A REQUEST BY SPRINT
CORPORATION TO INSTALL SIX (6) PANEL ANTENNAS AND A TWO-FOOT
DIAMETER MICROWAVE DISH ANTENNA ON AN EXISTING 135-FOOT TALL
SOUTHERN CALIFORNIA EDISON HIGH TENSION TOWER. ADDITIONALLY,
SPRINT IS PROPOSING A 320 SQUARE FOOT EQUIPMENT SHELTER AT THE
BASE OF THE TOWER, ON THE WILDERNESS PARK PROPERTY LOCATED AT
10900 FLORENCE AVENUE, AND ZONED C-2 (GENERAL COMMERCIAL).
THE PLANNING COMMISSION OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS:
SECTION 1. The Planning Commission of the City of Downey does hereby find,
determine and declare that:
A. An application was filed by Justin Robinson (hereinafter "applicant") requesting
approval of a PLN-13-00238 (Conditional Use Permit), to install six (6) wireless
panel antennas and a two-foot diameter microwave dish antenna at a height of
53 feet to the existing 135-foot high Southern California Edison high tension
tower, on the Wilderness Park property at 10900 Florence Avenue, and zoned C-
2 (General Commercial) (hereinafter “subject property”) (Assessor Identification
No. 8020-001-801); and,
B. On January 2, 2014, 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 January 15,
2014 and, after fully considering all oral and written testimony and facts and
opinions offered at the aforesaid public hearing, adopted Resolution No. 14-
____, 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, 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 improved with a public recreational park and several Southern
Resolution No. 14-____
Downey Planning Commission
PLN-13-00238 (CUP) – 10900 Florence Ave
January 15, 2014 - Page 2
California Edison high tension towers. It is zoned C-2 (General Commercial) with
the San Gabriel River Trail to the west and similarly zoned properties with Edison
towers to the north. The south side of the site is improved with single family
homes. Installation of the antenna panels and related equipment cabinets will not
affect neighboring land uses due to the nature of the use and the manner in
which the proposed project is oriented and designed. Moreover, in order to
mitigate aesthetic impacts on surrounding properties, all new antennas will be
painted to match existing Edison high tension tower structure.
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 can be described as being
narrow and deep. It is improved with Edison high tension towers and with public
park amenities. The proposed antennas will be attached to the existing 135-foot
high 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 only requires a single
site visit once a month for maintenance. The adjoining streets (Florence Avenue
and Little Lake Road) have 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-13-00238
(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 15th day of January, 2014.
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 15th day of
January, 2014, by the following vote, to wit:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
Mary Cavanagh, Secretary
Resolution No. 14-____
Downey Planning Commission
PLN-13-00238 (CUP) – 10900 Florence Ave
January 15, 2014 - Page 3
City Planning Commission
PLN-13-00238
(CONDITIONAL USE PERMIT)
EXHIBIT A – CONDITIONS OF APPROVAL
PLANNING
1) The approval of PLN-13-00238 (CUP) permits Sprint Corporation to install six (6) panel
antennas at a height of 53 feet and a two-foot diameter microwave dish antenna at a
height of 45 feet, on an existing 135-foot high Southern California Edison high tension
tower. Additionally, the approval includes a 320 square feet equipment shelter at the
base of the tower. The project is located on the northerly area of Wilderness Park, at
10900 Florence Avenue, 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 by the Downey Planning Commission.
2) All proposed wireless panel antennas, microwave dish antenna, and equipment shelter
shall be painted to match the existing California Edison high tension tower.
3) All panel antennas and microwave dish antenna shall not extend above the Edison tower
structure.
4) Approval of this PLN-13-00238 (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.
5) 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.
6) All conditions of PLN-13-00238 (Conditional Use Permit) shall be complied with before
this conditional use permit becomes valid.
7) The owner/applicant shall incorporate a copy of this Resolution No. 14-____ (including
Exhibit A – Conditions), into the approved set of building plans.
8) 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.
Resolution No. 14-____
Downey Planning Commission
PLN-13-00238 (CUP) – 10900 Florence Ave
January 15, 2014 - Page 4
PUBLIC WORKS/ENGINEERING
9) 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.
10) 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.
11) 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
12) The applicant/owner shall install a Knox® Rapid Entry System for the project.
BUILDING
13) The owner/applicant shall provide that all construction shall comply with the 2014
California Building Code and Title 24 of the California Energy Code.
14) Prior to the beginning construction of the equipment enclosure and installation of
antenna panels, the owner/applicant shall obtain all required permits and necessary
inspections prior to beginning operation of the site.
H:\Community Development\Nguyen\CASES\CUP\2013\10900 Florence (Sprint)\13-00238 reso-approve.doc