HomeMy WebLinkAbout1. PLN-14-00055 7800 Imperial Hwy
STAFF REPORT
PLANNING DIVISION
CITY OF DOWNEY, CALIFORNIA
DATE: APRIL 16, 2014
TO: PLANNING COMMISSION
FROM: WILLIAM E. DAVIS, INTERIM DIRECTOR OF COMMUNITY DEVELOPMENT
KEVIN NGUYEN, ASSISTANT PLANNER
SUBJECT: PLN-14-00055 (CONDITIONAL USE PERMIT) – A REQUEST BY SPRINT
CORPORATION TO MODIFY THE PREVIOUSLY APPROVED APPLICATIONS;
THEREBY ALLOWING SPRINT TO EXPAND THEIR EXISTING WIRELESS
COMMUNICATIONS FACILITY ON THE ROOFTOP OF AN OFFICE BUILDING
LOCATION: 7800 IMPERIAL HIGHWAY (AIN 6245-021-043)
ZONING: C-2 (GENERAL COMMERCIAL)
REPORT SUMMARY
The proposed Land Use Permit Application (PLN-14-00055) is a request from Sprint seeking
approval of a conditional use permit to modify the previously approved Design Review Board
(DRB) applications and to increase the number of panel antennas to their existing wireless
communications facility. The proposed project involves adding three (3) new panel antennas to
various locations on the rooftop of an office building at 7800 Imperial Highway.
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-14-00055 (CONDITIONAL USE PERMIT), A REQUEST BY
SPRINT CORPORATION TO MODIFY THE PREVIOUSLY APPROVED DESIGN
REVIEW BOARD (DRB) CASES 03-78 AND 05-133; THEREBY ALLOWING
SPRINT TO ADD THREE (3) PANEL ANTENNAS AT VARIOUS LOCATIONS,
ON THE ROOFTOP OF A TWO-STORY OFFICE BUILDING, ON PROPERTY AT
7800 IMPERIAL HIGHWAY, AND ZONED C-2 (GENERAL COMMERCIAL).
BACKGROUND
The subject property is located on the south side of Imperial Highway between Rives Avenue and
Smallwood Avenue. The site consists of approximately 79,500 square feet of land, with 372 feet of
street frontage along Imperial Highway. It is zoned C-2 (General Commercial) and its General Plan
Land Use Designation is General Commercial. The subject property is developed with a 38,662
square foot two-story office building with parking areas to the north, west and south sides of the
building.
Conditional Use Permit (PLN-14-00055) – 7800 Imperial Hwy
April 16, 2014 - Page 2
The surrounding properties include Apollo Park (across Imperial Hwy). The south side of the
project site is developed with single family homes. Medical and professional offices and retail
uses exist to the east (across Smallwood Ave). Warehouse, storage and distribution facilities
exist to east side (across Rives Ave) of the project site.
Over the years, the City has granted other entitlements for wireless facilities at this site:
On December 5, 2003, the Design Review Board (DRB) approved Case No. 03-78 for
the installation of AT&T (former Cingular) antenna system on the roof of the building.
On January 11, 2006, the Design Review Board (DRB) approved Case No. 05-133 for
the installation of Sprint antennas on the rooftop of the subject building.
On February 28, 2014, a representative for Sprint, Barbara Saito, submitted a Land Use Permit
Application for PLN-14-00055 (Conditional Use Permit). Staff completed a review of the application
on April 2, 2014, and deemed the application complete. On April 3, 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-14-00055 is a request by Sprint Corporation to install three (3) additional panel antennas to
their existing wireless communications facility on the rooftop of the office building on the subject
property. Sprint also proposes to relocate an existing transformer and install a new equipment
cabinet, all within the existing equipment enclosure on the rooftop of the building. Note that all new
and existing panel antennas will be mounted behind the existing penthouse-type screen enclosure.
Pursuant to Section 9314.04, Table 9.3.5 of the Downey Municipal Code, the installation and
operation of wireless communication facilities require approval of a conditional use permit (subject
to Section 9426) by the Planning Commission. This was not the case in 2003 and 2006 when the
wireless facilities on the rooftop of this building only required approval from the Design Review
Board (DRB); therefore, Sprint has operated as a nonconforming use since the revised Zoning
Code was adopted in 2008.
Section 9426 of the Downey Municipal Code (DMC), which 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 feet above the roof of the building”
The building, including the screen enclosure (penthouse), measures 37 feet 9 inches from ground
level. The top of the existing penthouse will be 12 feet above the building roof line. As illustrated
on the site plan, the applicant proposes the following:
Add one panel antenna behind the screen wall facing southwest direction;
Add one panel antenna behind the screen wall facing north direction (Imperial Hwy); and
Add one panel antenna behind the screen wall facing east direction (Smallwood Ave).
All antennas will be located behind the penthouse – therefore, they will not be visible from public
view. In addition, the applicant proposes to add an equipment cabinet to the existing enclosure on
the rooftop of the subject building. No additional parking or landscaped areas will be used as part
of the request.
Conditional Use Permit (PLN-14-00055) – 7800 Imperial Hwy
April 16, 2014 - Page 3
In evaluating PLN-14-00055, staff believes the installation of additional antennas is consistent with
the previously approved projects on the same facility. Furthermore, with the recommended
conditions of approval, staff feels the approval of this conditional use permit will give the city better
control of the wireless communications operation at the subject site.
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 new wireless panel antennas on the rooftop of
a building will not have a significant effect on the environment; thereby qualifying for 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-14-00055. 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 all future panel
antennas be installed behind the penthouse to hide the antennas from public view.
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-story 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 cabinets 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.
Conditional Use Permit (PLN-14-00055) – 7800 Imperial Hwy
April 16, 2014 - Page 4
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 (Rives
Avenue and Smallwood 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-14-00055 (Conditional Use Permit), thereby
allowing the installation and operation of a wireless communications facility Sprint on an existing
office building, subject to the conditions of approval.
Conditional Use Permit (PLN-14-00055) – 7800 Imperial Hwy
April 16, 2014 - Page 5
Exhibits
Location
Aerial Photograph
Subject Site
Conditional Use Permit (PLN-14-00055) – 7800 Imperial Hwy
April 16, 2014 - Page 6
500’ Radius Map
Zoning Map
RESOLUTION NO. 14-____
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING PLN-14-00055 (CONDITIONAL USE PERMIT), A REQUEST BY SPRINT
CORPORATION TO MODIFY THE PREVIOUSLY APPROVED DESIGN REVIEW
BOARD (DRB) CASES 03-78 AND 05-133; THEREBY ALLOWING SPRINT TO ADD
THREE (3) PANEL ANTENNAS AT VARIOUS LOCATIONS, ON THE ROOFTOP OF A
TWO-STORY OFFICE BUILDING, ON PROPERTY AT 7800 IMPERIAL HIGHWAY,
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 Barbara Saito (hereinafter "applicant") requesting
approval of PLN-14-00055 (Conditional Use Permit), to modify the existing
wireless communications facility (Sprint) on the rooftop of an office building, on
property at 7800 Imperial Hwy, and zoned C-2 (General Commercial) (hereinafter
“subject property”) (Assessor Identification No. 6245-021-043); and,
B. On April 3, 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 April 16, 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
Resolution No. 14-____
Downey Planning Commission
PLN-14-00055 (CUP) – 7800 Imperial Hwy
April 16, 2014 - Page 2
order to mitigate aesthetic impacts on surrounding properties, a condition of
approval requires that all future panel antennas be installed behind the
penthouse to hide the antennas from public view.
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-story 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 cabinets 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 (Rives Avenue
and Smallwood 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-14-00055
(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 16th day of April, 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 16th day of
April, 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-14-00055 (CUP) – 7800 Imperial Hwy
April 16, 2014 - Page 3
EXHIBIT
A – CONDITIONS OF APPROVAL
PLN-14-00055 (CONDITIONAL USE PERMIT)
PLANNING
1) The approval of PLN-14-00055 authorizes (Sprint) the Applicant to modify their existing
wireless communications facility on the rooftop of a building at 7800 Imperial Hwy, by
adding three (3) panel antennas behind the existing penthouse screen-wall. Additionally,
the approval includes the installation of an equipment cabinet at the existing equipment
enclosure located on the rooftop of the subject building, 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 existing, new, and future panel antennas shall be mounted behind the screen wall
(penthouse) and shall not be visible from public view.
3) All panel antennas shall not extend above the screen wall (penthouse).
4) Approval of this PLN-14-00055 (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-14-00055 (Conditional Use Permit) shall be complied with before
this conditional use permit becomes valid.
7) The owner/applicant shall comply with all conditions of DRB Nos. 03-78 & 05-133
(Design Review Board) before this PLN-14-00055 (CUP) 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-14-00055 (CUP) – 7800 Imperial Hwy
April 16, 2014 - Page 4
PUBLIC WORKS/ENGINEERING
10) 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.
14) The owner/applicant shall obtain all required permits and necessary inspections prior to
beginning operation of the wireless facility.
BUILDING
15) The owner/applicant shall provide that all construction shall comply with the 2014
California Building Code and Title 24 of the California Energy Code.
16) Prior to the beginning installation of antenna panels, the owner/applicant shall obtain all
required permits and necessary inspections prior to beginning operation of the wireless
facility.
H:\Community Development\Nguyen\CASES\CUP\2014\7800 Imperial (Sprint rooftop)\14-00055 reso-approve.doc