HomeMy WebLinkAboutPC Resolution 14-2868 RESOLUTION NO. 14-2868
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. 14-2868, 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. 14-2868
Downey Planning Commission
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: Kiefer, Lujan, Morales, Flores and Rodriguez
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: None &J.,14-e4eif
Mary Cavhnagh, SecretAry
City Planning Commission
PLN-14-00012(CUP)—8630 Florence Ave
March 5,2014-Page 2
Resolution No. 14-2868
Downey Planning Commission
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. 14-2868 (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.
PLN-14-00012(CUP)—8630 Florence Ave
March 5,2014-Page 3
Resolution No. 14-2868
Downey Planning Commission
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.
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PLN-14-00012(CUP)—8630 Florence Ave
March 5,2014-Page 4