HomeMy WebLinkAbout2. PLN-14-00012 - 8630 Florence Ave
STAFF REPORT
PLANNING DIVISION
CITY OF DOWNEY, CALIFORNIA
DATE: MARCH 5, 2014
TO: PLANNING COMMISSION
FROM: BRIAN SAEKI, DIRECTOR OF COMMUNITY DEVELOPMENT
KEVIN NGUYEN, ASSISTANT PLANNER
SUBJECT: PLN-14-00012 (CONDITIONAL USE PERMIT) – A REQUEST BY AT&T
MOBILITY TO EXPAND THEIR EXISTING WIRELESS COMMUNICATIONS
FACILITY ON THE ROOFTOP OF AN OFFICE BUILDING
LOCATION: 8630 FLORENCE AVENUE (AIN 6252-001-024)
ZONING: C-P (PROFESSIONAL OFFICE)
REPORT SUMMARY
The proposed Land Use Permit Application (PLN-14-00012) is a request from AT&T Mobility
seeking approval of a conditional use permit to allow the expansion of their existing wireless
communications facility on the roof of an office building. The proposed expansion involves
enlarging the screen boxes, removing six (6) panel antennas, and adding twelve (12) new panel
antennas.
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-14-00012 (CONDITIONAL USE PERMIT), A REQUEST BY
AT&T MOBILITY TO EXPAND THEIR EXISTING WIRELESS COMMUNICATIONS
FACILITY ON THE ROOFTOP OF AN OFFICE BUILDING, BY REPLACING SIX
(6) PANEL ANTENNAS WITH TWELVE (12) PANEL ANTENNAS, ON
PROPERTY LOCATED AT 8630 FLORENCE AVENUE, AND ZONED C-P
(PROFESSIONAL OFFICE)
BACKGROUND
The subject property is located at the southwest corner of Florence Avenue and Bellman Avenue.
The site consists of 26,570 square feet of land, with 198.5 feet of street frontage along Florence
Ave. It is zoned C-P (Professional Office) and its General Plan Land Use Designation is Office.
The subject property is currently occupied by a two-story medical office building with parking areas
to the west and south of the building.
Conditional Use Permit (PLN-14-00012) – 8630 Florence Ave
March 5, 2014 - Page 2
The surrounding properties include professional offices and in-line retail uses to the north of the
site (across Florence Ave). The south side of the project site is developed with single family
homes. Office buildings and single family homes exist to the west (across Birchdale Ave) and
east sides (across Bellman Ave) of the project site.
Over the years, the City has granted other entitlements for wireless facilities at this site:
• On January 27, 1999, the Design Review Board (DRB) approved Case No. 98-84 for the
installation of Pagenet Cellular paging antenna system on the roof of the building.
• On January 12, 2005, the Design Review Board (DRB) approved Case No. 04-78 for the
installation of AT&T antennas on the rooftop of the subject building.
• On October 20, 2010, the Planning Commission approved PLN-10-08051 (Conditional
Use Permit) for Clearwire Communications to six (6) panel antennas and six (6)
microwave dishes on the roof of the subject building. However, this project was never
implemented.
On January 15, 2014, a representative for AT&T Mobility, Stephen Bernot, submitted a Land Use
Permit Application for PLN-14-00012 (Conditional Use Permit). Staff completed a review of the
application on February 12, 2014, and deemed the application complete. On February 20, 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
PLN-14-00012 is a request by AT&T Mobility to expand their existing wireless communications
facility on the rooftop of the medical office building on the subject property. In addition, AT&T
proposes to relocate four (4) existing cabinets, several equipment, and install a new cabinet, all on
the ground and within the existing equipment enclosure. They do not intend to increase the height
of the existing screening on the roof of the building.
Section 9426 of the Downey Municipal Code (DMC) regulates the standards for all wireless
communications facilities. Subsection 9426.04(b)(10)(i) states:
“Wireless communication facilities that are located on the roof of an existing building
may extend to, and shall not exceed, a height of six (6) feet above the roof of the
building”.
The building measures 26 feet from top of the roof, plus one foot to the top of the parapet. The top
of the existing screen boxes will be 6 feet above the roof line, or 32 feet from ground level. The
applicant proposes to expand the larger screen box by adding a 4’ by 10’ section to its west side;
thus, enabling it to house eight (8) panel antennas. The smaller screen box will be expanded by
adding a 2’ by 4’ section to the west side to accommodate up to four (4) panel antennas. All
antennas will be located behind the screen boxes – therefore will not be visible from the public
view. In addition, the screen boxes will be architecturally designed to complement the surrounding
land uses. The applicant plans to paint the screen boxes with a color that matches the existing
building.
As mentioned earlier, the applicant plans to add an equipment cabinet to the existing equipment
enclosure that is located on the ground and adjacent to the existing trash enclosure along the
southerly property line. This structure is currently set back 28.5 feet from Bellman Avenue. No
additional parking or landscaped areas would be used as part of the request.
Conditional Use Permit (PLN-14-00012) – 8630 Florence Ave
March 5, 2014 - Page 3
In evaluating the request, staff supports the installation of additional antennas to expand the
wireless communications facility. However, to eliminate any potential aesthetic impact, staff is
recommending a condition of approval, which includes:
• For the smaller screen box that houses four panel antennas, construct a screen wall on the
north side of the screen box to conceal all panel antennas from public view.
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 that the installation of the proposed wireless panel antennas on the
rooftop of a building 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-14-00012. A discussion of the findings follows:
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 panel antennas 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, a condition of approval requires that a screen wall be
installed on the north side of the smaller screen box to hide the panel antennas from
public view. All screen boxes will be painted to match the existing building.
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 is a rectangular shaped lot that is improved with a two (2) story medical
office building and an off-street parking lot. The proposed project will be located within
the existing wireless communications facility on the roof of the building. The location of
the antennas, and all related equipment, will not interfere with the use of the building or
Conditional Use Permit (PLN-14-00012) – 8630 Florence Ave
March 5, 2014 - Page 4
reduce the amount of available parking. 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 (Bellman
Avenue and Florence Avenue) 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-14-00012 (Conditional Use Permit), thereby
allowing the installation and operation of a wireless communications facility (AT&T) on an existing
office building, subject to the conditions of approval.
Conditional Use Permit (PLN-14-00012) – 8630 Florence Ave
March 5, 2014 - Page 5
Exhibits
Location
Aerial Photograph
Subject Site
Conditional Use Permit (PLN-14-00012) – 8630 Florence Ave
March 5, 2014 - Page 6
500’ Radius Map
Zoning Map
RESOLUTION NO. 14-____
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING PLN-14-00012 (CONDITIONAL USE PERMIT), A REQUEST BY AT&T
MOBILITY TO EXPAND THEIR EXISTING WIRELESS COMMUNICATIONS FACILITY
ON THE ROOFTOP OF AN OFFICE BUILDING, BY REPLACING SIX (6) PANEL
ANTENNAS WITH TWELVE (12) PANEL ANTENNAS, ON PROPERTY LOCATED AT
8630 FLORENCE AVENUE, AND 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. An application was filed by Stephen Bernot (hereinafter "applicant") requesting
approval of PLN-14-00012 (Conditional Use Permit), to modify the existing
wireless communications facility (AT&T Mobility) on the roof of an office building,
on property at 8630 Florence Avenue, and zoned C-P (Professional Office)
(hereinafter “subject property”) (Assessor Identification No. 6252-001-024); and,
B. On February 20, 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 March 5, 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 in a fully developed area of the City, with no vacant properties
in the adjacent area. Installation of the panel antennas 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, a condition of
approval requires that a screen wall be installed on the north side of the smaller
Resolution No. 14-____
Downey Planning Commission
PLN-14-00012 (CUP) – 8630 Florence Ave
March 5, 2014 - Page 2
screen box to hide the panel antennas from public view. All screen boxes will be
painted to match the existing building.
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 a rectangular shaped lot
that is improved with a two (2) story medical office building and an off-street
parking lot. The proposed project will be located within the existing wireless
communications facility on the roof of the building. The location of the antennas,
and all related equipment, will not interfere with the use of the building or reduce
the amount of available parking. 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 (Bellman Avenue
and Florence Avenue) 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-14-00012
(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 5th day of March, 2014.
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 5th day of
March, 2014, by the following vote, to wit:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
Mary Cavanagh, Secretary
City Planning Commission
Resolution No. 14-____
Downey Planning Commission
PLN-14-00012 (CUP) – 8630 Florence Ave
March 5, 2014 - Page 3
EXHIBIT A – CONDITIONS OF APPROVAL
PLN-14-00012 (CONDITIONAL USE PERMIT)
PLANNING
1) The approval of PLN-14-00012 (CUP) permits AT&T Mobility to modify their existing
wireless communications facility on the roof of a building at 8630 Florence Avenue, by
adding twelve (12) panel antennas to the expanded screen boxes. No more than two (2)
screen boxes are allowed on the roof for AT&T under this approval. Additionally, the
approval includes the installation of an equipment cabinet at the existing equipment
enclosure located at ground level on the subject property, 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) The applicant/AT&T Mobility shall construct a screen wall on the north side of the smaller
screen box to conceal all four (4) panel antennas from public view.
3) All screen boxes shall be painted a color that matches the existing building.
4) All panel antennas shall not extend above the screen boxes.
5) Approval of this PLN-14-00012 (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.
6) 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.
7) All conditions of PLN-14-00012 (Conditional Use Permit) shall be complied with before
this conditional use permit becomes valid.
8) The owner/applicant shall incorporate a copy of this Resolution No. 14-____ (including
Exhibit A – Conditions), into the approved set of building plans.
9) 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-14-00012 (CUP) – 8630 Florence Ave
March 5, 2014 - Page 4
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 shall be required to complete a construction & demolition (C&D)
waste management plan per Article V, Chapter 8 of the Downey Municipal Code.
12) 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
13) If applicable, the applicant/owner shall install a Knox® Rapid Entry System for the
project.
BUILDING
14) The owner/applicant shall provide that all construction shall comply with the 2014
California Building Code and Title 24 of the California Energy Code.
15) Prior to the beginning construction of the screen boxes 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\2014\8630 Florence (AT&T)\14-00012 reso-approve.doc