HomeMy WebLinkAboutPC Resolution 13-2862 RESOLUTION NO. 13-2862
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. 13-2862
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.
ouis
Moral= , Chairman
City Plannin: 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: Lujan, Flores, Rodriguez, Kiefer and Morales
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: None ,)■ Lx`,
Mary Cavlanagh, Secretaryu
City Planning Commission
Miscellaneous Action(PLN-13-00179)—8050 Florence Ave
December 4,2013-Page 2
Resolution No. 13-2862
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. 13-2862
Downey Planning Commission
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
Miscellaneous Action(PLN-13-00179)—8050 Florence Ave
December 4,2013-Page 4