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Home My WebLink AboutPC Resolution 14-2869 RESOLUTION NO. 14-2869 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY ADOPTING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND APPROVING A CONDITIONAL USE PERMIT (PLN-13-00228), THEREBY ALLOWING AT&T MOBILITY TO CONSTRUCT AND OPERATE AN UNMANNED WIRELESS MONOPOLE ON PROPERTY LOCATED AT 12400 COLUMBIA WAY, ZONED SP 01-1 (DOWNEY LANDING SPECIFIC PLAN). 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 October 29, 2013, the applicant (Teri Grisenti with Coastal Business Group) submitted the request for a Conditional Use Permit (PLN-13-00228) on behalf of AT&T in order to construct and operate the cellular tower at the site. The application was deemed incomplete due to ongoing lease negotiations between the City and the applicant; and, B. On January 24, 2014, staff and AT&T came to an agreement on the proposed lease; as such, staff deemed the application complete; and, C. On February 19, 2014, staff posted a Notice of Intent to adopt a Negative Declaration at the Los Angeles County Recorder's Office. On February 20, 2014, notice of the pending 1 I public hearing was published in the Downey Patriot and mailed to all property owners within 500' of the subject site; and, D. The Planning Commission held a duly noticed public hearing on March 19, 2014, 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 that after preparing an Initial Study in compliance with the requirements of the California Environmental Quality Act, which found that there would be no significant environmental impacts created by the proposed Conditional Use Permit, a Negative Declaration was prepared. Based on its own independent judgment that the facts stated in the initial study are true, the Planning Commission hereby finds that the approval of the Conditional Use Permit will not have any potential negative environmental impacts. SECTION 3. Having considered all of the oral and written evidence presented to it at said public hearings regarding the Conditional Use Permit, the Planning Commission further finds, determines and declares that: 1. The requested Conditional Use Permit will not adversely affect the purpose and intent of the zoning code or the City's General Plan or the public convenience or general welfare of persons residing or working in the neighborhood thereof. The subject site has a General Plan Land Use Designation of Mixed Use and zoning of SP 01-1(Downey Landing Specific Plan). This land use designation and zoning are intended to provide commercial 4 and service uses in the City on a pedestrian level. The proposed antennas achieve this by increase the cellular coverage in the area, which in turn supports additional pedestrians using their phone in the area, particularly as the Promenade project is built out. Resolution No. 14-2869 Downey Planning Commission Furthermore, it is a policy of the General Plan (2.7.1) to "Provide adequate utility and communications infrastructure." This policy is implemented in part by General Plan Program 2.7.1.1, which states, "Promote upgrades and maintenance of utility and communication systems." This project will assist AT&T to upgrade their network, thus providing better communication services to their customers. 2. 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 proposed Conditional Use Permit will allow the installation and operation of a wireless communication facility within an existing City park. This includes replacing an existing 81' tall light standard with the new light standard that has the antennas mounted on its side. The surrounding area is improved with a variety of different land uses, in which the proposal will not affect these uses. The proposed project will not generate new traffic, encroach into setbacks, nor will it generate new noise or shadow impacts. Furthermore, a condition of approval to have the antennas painted to match the pole has been included with this approval, which will reduce their aesthetic impacts. Accordingly, the proposed project will not impact the ability of the surrounding properties to grow and/or develop. Notwithstanding this, several other conditions of approval have been included, which will serve to mitigate any potential impacts on the neighboring properties. 3. 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 12.8 acre rectangular shaped parcel that is improved with the Columbia Memorial Space Center (CMSC) and the Discovery Sports Complex. The proposed project will involve replacing an existing light standard with a new light standard that has cellular antennas mounted to the side of it and constructing a new 480 square foot accessory building. The location of the new equipment on the site will not interfere with ------ the operation of the museum or the sports fields. Furthermore, this project will not require expansion of the parking area, or other improvements on the site. 4. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area. The subject site is directly accessed from Columbia Way and Congressman Steve Horn Way, which together provide site access to Lakewood Blvd, Imperial Hwy, and Bellflower Blvd. Notwithstanding the existing level of service of these streets, the proposed project is for an unmanned cellular antenna, which typically only generates a single vehicle trip per month for maintenance. This is an inconsequential increase in traffic when comparing to the overall traffic volumes of the area. 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 adopts a Negative Declaration and approves the Conditional Use Permit (PLN-14-00228), 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. CUP(PLN-13-00228)—12400 Columbia Way March 19,2014-Page 2 Resolution No, 14-2869 Downey Planning Commission SECTION 5. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 19th 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 19th day of March, 2014, by the following vote, to wit: AYES: COMMISSIONERS: Kiefer, Lujan, Morales and Flores NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: Rodriguez /2 L-i/Uty /0/714(-/A,f(, Mary Cavanagh, Secretary - City Planning Commission I 1 4 4 4 4 4 4 CUP(PLN-13-00228)—12400 Columbia Way March 19,2014-Page 3 Resolution No. 14-2869 Downey Planning Commission CONDITIONAL USE PERMIT (PLN-14-00228) EXHIBIT A - CONDITIONS PLANNING 1) The approval of this Conditional Use Permit (PLN-14-00228) allows the AT&T Mobility to replace an existing 81' tall light pole with a new 81' tall light pole that has six tall panel antennas (three sectors, two antennas per sector) flush mounted to the pole. Additionally, AT&T will construct a new 480 square foot building, which will partially be used for equipment related to the cellular antennas and partially used as a storage room for the City's Parks and Recreation Department. 2) Approval of this 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. 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 Site Plan Review and Minor Conditional Use Permit becomes valid. 6) All construction, including the size and location of the light standard/cellular tower and equipment/storage building, shall be in compliance with the plans approved by the Planning Commission. 7) Noise generated from construction shall comply with Municipal Code Section 4600 et. seq. 8) All antennas and equipment mounted to the pole shall be painted to match the pole. 9) There shall be no more that six tall panel antennas (three sectors, two antennas per sector) flush mounted to the pole. Three of the antennas (one per sector) shall have a centerline height of 61'-6" and the other three antennas (one per sector) shall have a centerline height of 52'-6". In addition to the panel antennas, there shall be no more than CUP(PLN-13-00228)—12400 Columbia Way March 19,2014-Page 4 Resolution No. 14-2869 Downey Planning Commission 15 remote radio units and three surge suppressors flushed mounted to the pole below the antennas. 10) This approval shall not be valid until the City Council of the City of Downey approves the lease agreement with AT&T. 11) Prior to final of building permits, the applicant shall remove the existing 81' light standard, including all related electrical lines and foundations. BUILDING 12) All construction shall comply with the most recent version of the California Building Code, as adopted by the City of Downey, and Title 24 of the California Energy Code. 13) 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. FIRE DEPARTMENT 14) Plans to be submitted through Building and Safety and shall comply with the most recent version or the California Fire Code, as adopted by the City of Downey; current Downey Municipal Code Ordinances and any other pertinent requirements to be determined at time of plan submission and review. PUBLIC WORKS 15) All new onsite utilities shall be installed underground. 16) The applicant shall be required to complete a construction & demolition (C&D) waste management plan per Article V, Chapter 8 of the Downey Municipal Code. 17) 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 18) The applicant shall provide that all construction graffiti created as part of this project in the public right of way to be removed. 19) Prior to the final of building permits, the applicant shall submit record drawings of all improvements made related to this application. The record drawings shall be a digital AutoCAD format file (AutoCAD 2012 or later) and scanned, uncompressed TIFF images on a portable media for city's GIS system data updates and maintenance. CUP(PLN-13-00228)—12400 Columbia Way March 19,2014-Page 5