HomeMy WebLinkAbout2. PLN-15-00013 Zone Txt Amd Wireless ComL CityofDowney
DATE:
APRIL 1, 2015
STAFF REPORT
PLANNING DIVISION
TO: PLANNING COMMISSION
SUBMITTED BY: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMENT
REVIEWED BY: WILLIAM E. DAVIS, CITY PLANNERS
PREPARED BY: DAVID BLUMENTHAL, SENIOR PLANNER
SUBJECT: PLN -15 -00013 (ZONE TEXT AMENDMENT) — A REQUEST TO AMEND
VARIOUS SECTIONS OF ARTICLE IX OF THE MUNICIPAL CODE
REGARDING WIRELESS COMMUNICATION FACILITIES.
LOCATION: CITYWIDE
ZONING: ALL
REPORT SUMMARY
New Federal regulations go into effect on April 9, 2015 that limit the City's ability to require
discretionary approvals for modifications to existing wireless communication facilities. The
City's failure to comply with the regulations can result in the automatic approval of modification
requests. In order to avoid the non - compliance issue, staff is proposing an amendment to the
wireless communication facilities regulations set forth in the Zoning Code. These changes will
allow for an administrative approval of modifications that do not "substantially change" existing
wireless facilities. Based on the analysis contained in this report, staff is recommending the
Planning Commission adopt the following titled resolution:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY RECOMMENDING THAT THE CITY COUNCIL APPROVE THE
ZONE TEXT AMENDMENT (PLN -15- 00013), THEREBY AMENDING VARIOUS
SECTIONS OF ARTICLE IX OF THE MUNICIPAL CODE REGARDING
WIRELESS COMMUNICATION FACILITIES.
BACKGROUND
Article IX of the City of Downey Municipal Code (hereinafter Zoning Code) regulates the
development and use of private property within the City. This includes regulations for setbacks,
limitations on heights, and allowable land uses. Among the various regulations, the Zoning
Code contains provisions to allow the development of wireless communication facilities.
Agenda Paae 1
On October 17, 2014, the Federal Communication Commission (FCC) adopted a new Report
and Order (FCC 14 -143) regarding the deployment of wireless facilities. These regulations
were published in the Federal Register on January 8, 2015, and go into effect April 9, 2015.
On January 21, 2015, the Planning Commission adopted a minute action authorizing staff to
amend the Zoning Code to bring the City into compliance with the new Federal regulations.
On March 19, 2015, notice of the pending public hearing was published in the Downey Patriot
as a 1 /8t" page ad.
DISCUSSION
A wireless communication facility is any structure or facility that provides commercial wireless
service within the City. This includes the antennas, related equipment, and the structures they
are mounted upon. Currently there are approximately 50 wireless communication facilities in
the city, which include facilities that are mounted on buildings, clock towers, mono - pines, and
monopoles. Under the City's current code, a conditional use permit is required for all new
wireless communication facilities or whenever a modification to an existing facility adds
additional antennas. The conditional use permit process allows the City to encourage
development of wireless facilities, which provides better cellular service to everyone that lives or
works in Downey, while ensuring the proliferation of antennas does not create an aesthetic
impact to the community.
Pursuant to Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, the
FCC adopted a new Report and Order setting forth rules to expedite the modification of existing
wireless communication facilities. Under the new Federal regulations, the City cannot require a
conditional use permit, or other discretionary approval, for modifications to an existing wireless
communication facility, when the modification does not "substantially change" the existing
facility. The regulations define a "substantial change" as meeting any one of the following:
1. Increase the height of the wireless communication facility by more than 10 %, not to
exceed 20 feet, or one additional array;
2. Protrudes from a tower further than the existing appurtenances or 20 feet, whichever is
greater;
3. Protrudes from a base station structure more than six feet;
4. Adds more than four equipment cabinets;
5. Requires excavation outside of the existing lease area;
6. Would defeat the existing concealment elements of the tower or base station; or,
7. Does not comply with any conditions of approval of a prior approval, except conditions
limiting the number of antennas /equipment, height, or width of the wireless
communication facility.
As part of these rules, the FCC also clarified should the City fail to act within a specified time
frame on any application for a modification submitted under Section 6409(a), the application will
automatically be deemed approved. It is staff's intent to process these requests over -the-
counter and allow them into Building and Safety plan check; thus, the City will not run into the
statutory time limits.
Wireless Communication Facilities — PLN -15 -00013
April 1, 2015 - Page 2
Agenda Page 2
It is important to note, these changes do not affect the City's ability to require a conditional use
permit for any new wireless communication facility, or the City's ability to enforce any condition
of approval, except conditions that would limit the "substantial change" rule. Additionally, the
new antennas could not defeat any existing stealthing requirements. As an example, if there
are existing antennas behind a screen wall on the roof of a building and a wireless carrier
wishes to add new antennas to the building, the carrier could not mount the antennas to the
outside of the screen wall. Instead, they would have to be screened from view in a similar
manner.
In order to keep the City of Downey in compliance with Federal law, staff is proposing an
amendment to the City's wireless regulations. The full proposed text changes are attached to
this report as Exhibit `A'. These changes include updating the definitions for wireless
communication facilities, adding a new section within the development standards to allow for
administrative approval of modifications to existing facilities, and several non - substantive
changes to the Code.
In addition to the required amendments to the Zoning Code, staff is proposing one change to
the development standards for wireless communication facilities. Under the current regulations,
the maximum height for any freestanding tower is 38'. Staff is proposing a change that would
allow new freestanding towers to be built with a maximum height of 50', provided they are more
than 200' away from any property zoned for residential uses. Staff is of the opinion that this
would give the wireless carriers additional opportunities to provide service to the community
while affording the same visual protection to our residents that they enjoy today. Furthermore,
staff believes that this additional height will not create a new impact due to the 200' separation
from residences and the fact that new installations require a conditional use permit, which will
allow Staff and the Planning Commission to address any potential issues.
When considering this amendment, it is important for the Planning Commission to keep a
couple of facts in mind:
Wireless communications (including the deployment of new facilities) are heavily
regulated under Federal law. This City is prohibited from considering health risks of the
antennas. Instead, the City's role is to ensure the deployment of antennas do not create
an aesthetic impact.
As new technology and services come into the cellular market, the City can anticipate an
increase in deployments of antennas. This increase will be needed to allow the wireless
carriers to provide quality service to those who live and work in Downey.
The Zone Text Amendment is a legislative action. The Planning Commissions role is to
review the request and make a recommendation to the City Council.
ENVIRONMENTAL ANALYSIS
Staff has reviewed the proposed Zone Text Amendment for compliance with the California
Environmental Quality Act (CEQA). Upon completion of this review, it has been determined that
this request is categorically exempt from CEQA, pursuant to Guideline Section No. 15305
(Class 5 - Minor Alteration in Land Use Limitations). Class 5 exemptions consist of alternations
to land use limitations in areas that have a slope of less than 20% and do not result in changes
to the land use or densities. The proposed Zone Text Amendment will affect wireless
communication facilities citywide, but do not change the existing land uses or where wireless
facilities are permitted. Additionally, the amendment will not alter densities in any of the zones.
Finally, the City is relatively flat with average slopes in the 1%-2% range. It is staff's opinion
Wireless Communication Facilities — PLN -15 -00013
April 1, 2015 - Page 3
Agenda Page 3
that the proposed alteration to a land use limitation (the zone text amendment) is minor in
nature since it does not change where wireless communication facilities will be located, nor how
the City will review applications for new applications. Accordingly, staff believes that this Zone
Text Amendment qualifies for the Class 5 exemption under CEQA.
FINDINGS
Pursuant to Municipal Code Section 9832.06, there are two (2) findings that must be adopted
prior to the City approving the Zone Text Amendment. A discussion of the findings follows:
A. The requested amendment is necessary and desirable for the development of the
community and is in the interests or furtherance of the public health, safety, and
general welfare.
The proposed Zone Text Amendment will modify the regulations regarding wireless
communication facilities, which is necessary to bring the City into compliance with
Federal regulations. The intent of these regulations is to speed the process of
modifications to existing wireless communication facilities, thus encouraging the wireless
carriers to increase network capacity. It is staff's opinion that this increase in network
capacity would serve public interest since it would allow better cellular coverage to those
who live and work in the City of Downey. Furthermore, people rely on their cellular
phones for day -to -day communication, to contact authorities in emergency situations,
and for various other tasks (i.e. maps, obtaining information, social networking). Staff
believes that enhancing the wireless networks and increasing capacity is a betterment
towards the public health, safety, and welfare since it would provide more reliable and
faster connections to information and emergency services.
B. The proposed amendment is in general conformance with the General Plan.
The proposed code amendment will update the City's wireless ordinance to comply with
current Federal regulations. It is a goal of the General Plan (Goal 1.3) to, `Address
changes in land use and zoning trends." Staff is of the opinion that the proposed
amendment is consistent with this goal because the requested changes will bring the
City into compliance with the current land use regulations regarding wireless
communications. Another goal of the General Plan (Goal 1.4) is to, "Protect and
Enhance the Residential Neighborhoods." It is staff's opinion that the proposed
amendment to allow an increase in the height of freestanding antennas will achieve this
goal since it introduces a 200' setback to be able to construct the new freestanding
tower at the 50' height. This additional setback will protect the existing residential
neighborhoods.
CORRESPONDENCE
As of the date that this report was printed, staff has not received any correspondence regarding
this application.
CONCLUSION
Based on the analysis contained within this report, staff is concluding that the proposed Zone
Text Amendment (PLN -15- 00013) will bring the City's wireless communication regulations into
compliance with Federal regulations. This will ensure the City will not face any automatic
Wireless Communication Facilities — PLN -15 -00013
April 1, 2015 - Page 4
Agenda Page ,4
approvals of modifications to wireless communication facilities and allow Staff to review each
proposal to determine if it is a "significant changes" to the existing facility. Furthermore, staff is
concluding that both findings required to approve the amendment can be made in a positive
manner. As such, staff is recommending that the Planning Commission recommend to the City
Council that they approve the Zone Text Amendment (PLN -15- 00013), thereby amending the
Zoning Code with regards to wireless communication facilities.
EXHIBITS
A. Proposed Zoning Code Changes
B. Draft Resolution
Wireless Communication Facilities — PLN -15 -00013
April 1, 2015 - Page 5
Agenda Page 5
Exhibit 'A'
SECTION 9126. "C" DEFINITIONS
Cell Tower (Cell or Cellular Tower): See "Wireless Communication Facilit " ^ StFuetwe speeifI^ ally used
COP-11 ZR-qNeF, O!SgUlSed j9tEal4hIRg)' Any WiFeless eemmanieation Wility that is designed te blend ints
!
EO1*(:ik1 +1!g ',OW(?FSOUIEtWe, c.,..-... t ...efe..' Sa EL-W! f 4lWPt-.
Collocation or Collocated: The location of multiple commercial wireless antennas which are either
owned or operated by more than one (1) service provider at a single location and mounted to a
common supporting structure, wall, or building.
Commercial Wireless Service: Any service providing radio communication service that:
(a) Is offered in return for monetary compensation; and
(b) Is available to the public or a substantial portion of the public (exclusive of Ham radio or
Citizen Band radio signals or other uses found by the Commission to be similar); and
(c) Provides subscribers with the ability to access or receive communication from the publicly
switched telephone network.
Commercial Wireless Service includes, but is not limited to, paging service, wireless data transmission,
cellular telephone service, specialized mobile radio service, and personal communications service.
E4W -A hell( +$l wti a ss facility -Ml e4s
SECTION 9134. "G" DEFINITIONS
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SECTION 9144. "L" DEFINITIONS
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SECTION 9146. "M" DEFINITIONS
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SECTION 9156. "R" DEFINITIONS
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SECTION 9166. "W" DEFINITIONS
Wireless Communication Facility: An antenna structure and any appurtenant facilities or equipment
located within City limits that provide commercial wireless service.
Agenda Page 6
Wireless Communication Facility Base Station: Any structure at a fixed location that supports a
wireless communication facility, including any related equipment. This shall not mean "Wireless
Communication Facility, Tower ".
Wireless Communication Facility, Concealment Stealthin : Any wireless communication facility that is
designed to blend into the surrounding environment typically one that is architecturally integrated into
a building or other concealing tower structure such that the antennas and related equipment are not
visible
Wireless Communication Facility Tower: Any structure that is built or constructed for the sole or
primary purpose of supporting wireless communication antennas.
SECTION 9426. WIRELESS COMMUNICATION FACILITIES.
SECTION 9426.02. INTENT AND PURPOSE.
The purpose of these requirements is to provide placement, design, and screening criteria to regulate
the establishment of wireless communication facilities to protect the public health, safety, general
welfare, and quality of life in the City, while providing needed flexibility to wireless communication
providers. Additionally, these regulations protect the visual aesthetics of the community through the
promotion of stealthing techniques that architecturally integrate or camouflage cellular facilities with
their surroundings. This section shall be applied on a competitively neutral and nondiscriminatory basis
to all applicants for wireless communication facilities.
SECTION 9426.04. DEVELOPMENT REGULATIONS.
(a)Applicants proposing the development of wireless communication facilities in the City shall
locate their antennas based on the following priorities:
(1) Collocation onto an existing wireless base station or tower. standalene �`eweF fae "i`y ^�
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(2) On the side, roof, and /or penthouse of an existing building that does not have other
wireless facilities.
(3) Construction of a new 4. dw&)tre /tower facility.
(b) Except as noted below in _Section 9426.04(c),-wireless -W4efexti communication facilities
shall require approval of a Conditional Use Permit, pursuant to Section 9824, and shall be subject
to the following regulations:
(1) Wireless communication facilities shall not be located within the R -1 or R -2 Zones,
except on non-residentially improved properties.
(2) In the R -3, R -3 -0, and M -U Zones, wireless communication facilities shall only be located
on the side, roof, and /or penthouse of an existing building.
(3) In all other zones, wireless communication facilities may be located either on the side,
roof, and /or penthouse of an existing building; or may be located on a new standalone /tower
facility.
(4) Wireless communication facilities shall be designed to conceal (stealth) all antennas and
related a ui ment.
wi+(4fiHndftf, set fafth in Sec4i R 9824 . he .apFOYmO R WiFPleSS
Agenda Page 7
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uses.
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(5) Wireless communication facilities shall not bear any signs or advertising devices except
for warnings, certification, or other required seals or signing addressing public safety.
(6) All accessory equipment associated with the operation of a wireless communication
facility shall be located within a building enclosure, or in an underground vault that complies
with the development standards of the zone in which the accessory equipment is located. If
the equipment is to be located above ground, it shall be housed in a structure that is visually
compatible with the surrounding buildings and include sufficient landscaping to screen the
structure from view.
(7) Facilities shall be constructed with colors and non - reflective materials that blend with
their surroundings.
(8) Facilities should be located whenever possible where the existing topography,
vegetation, buildings, or other structures provide the greatest amount of screening.
(9) C-"t€ 4-�ioaj 44 i4k ;facilities should be located whenever possible near light
poles, trees, water tanks, church steeples, and in areas where the proposed facility will not
excessively detract from the image of the City.
(10) All wireless communication facilities shall be located at the lowest possible height that
will allow them to operate. In no case shall any such facility exceed the maximum permitted
height for the applicable zone in which it is to be located, except as listed below:
(i) Wireless communication facilities that are located on the roof of an existing
building may extend to, and `hall Ret e)(eeed, an additional height 0 4 six (6) feet above
t /hej roof of the building.
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ztcri- iv"atie/TCrYIer GCIAISy OF IqU61EIM "li'fiiO4-' hli};ii:i-
nd the exist...,,. :.l t�f •#ka'e�tT:+ffr#�4s�He¢#�,w {, }"# r4it °y'Of-* .*K
(iii) New Stand /tower facilities shall not exceed a height of thirty -eight (38)
feet in any zone, regardless of any other applicable height limitation for that zone.
However, this height may be increased to fifty, 50 feet provided the tower is more than
two hundred 200 feet from any residential zoned Property.
(11) Wireless communication facilities shall comply with all setback, building separation, lot
coverage, landscaping, variable height, and all other additional standards established for the
zone in which the tower facility is to be located, and as determined by the City Planner.
c) Notwithstandine the renuirements set forth in Section 9426.ft] any change to an
existing wireless communication facility that does not substantially change the physical dimensions
of the wireless communication facility, shall been considered in compliance with the original
approval and development standards. For purposes of this section, a substantial change to the
physical dimensions shall mean any of the following:
Agenda Page 8
(1) Increase the height of the wireless communication facility by more than 10%, not to
exceed 20 feet, or one additional arra ..
(2) Protrudes from a tower further than the existing appurtenances or 20 feet, whichever is
greater.
(3) Protrudes from a base station structure more than six feet.
(4) Adds more than four equipment cabinets
(5) Requires excavation outside of the existing lease area.
(6) Would defeat the existing concealment elements of the tower or base station.
(7) Does not comply with any conditions of afrnroyal of a priior approval. except conditions
limitinp, the number of antennas /equipment height or width of the wireless communication
facility.
SECTION 9426.06. APPLICATIONS.
In addition to the submittal requirements set forth in Section 9824, the following information shall be
submitted with an application for a wireless communication facility:
(a) Maps of the immediate area that demonstrate network coverage within and without
the proposed facility. Said maps shall illustrate, by capacity analysis, propagation analysis and /or
decibel level, report the quality of service provided by the applicant both at present and after
installation of the proposed wireless facility. The maps /reports shall indicate areas where coverage
will be improved, and shall include areas where the applicant currently has no coverage, a
significant degradation in coverage or "dead zones."
(b) Network master plan that shows the location (including address) of all existing and
proposed wireless facilities for the provider within the City of Downey, as well as those located
outside of the City of Downey that will serve areas within the City of Downey.
W. Photographic simulations that demonstrate how the facility will appear on the site,
including all methods that will be used to stealth the facility from view.
(d) A landscape plan illustrating all trees and foliage that are currently located on the site,
and which illustrates new trees and foliage that will be placed on the site for stealthing purposes.
(e) The applicant's authorization for the City to retain an independent, qualified consultant
to evaluate any technical aspect of the proposed wireless communication facility, including but not
limited to, compliance with applicable FCC emissions standards, potential for interference with
existing or planned public safety emergency response telecommunication facilities, the
improvement in coverage due to the proposed wireless communication facility, or an analysis of
the feasibility of alternate sites or stealthing methods. The application shall include a monetary
deposit, as set by resolution of the City Council, and an agreement by the applicant to reimburse
the City for all reasonable costs associated with the consultation.
An applicant may request a waiver from the requirements of this Section 9426, pursuant to the
United States Telecommunications Act of 1996 (47 U.S.C. Section 332(c)(7)(B)(i)). The City shall
have the right to retain the services of an independent, qualified consultant, at the applicant's
expense, as set forth in Section 9426.06(E), to evaluate the issues raised by the waiver request.
Agenda Page 9
RESOLUTION NO. 15-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY RECOMMENDING THAT THE CITY COUNCIL APPROVE THE
ZONE TEXT AMENDMENT (PLN -15- 00013), THEREBY AMENDING VARIOUS
SECTIONS OF ARTICLE IX OF THE MUNICIPAL CODE REGARDING
WIRELESS COMMUNICATION FACILITIES.
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. Pursuant to Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of
2012, the FCC adopted a new Report and Order (FCC 14 -143) regarding the
deployment of wireless facilities. These regulations were published in the Federal
Register on January 8, 2015, and go into effect April 9, 2015; and,
B. The City of Downey desires to ensure its Zoning Code (Article IX of the Municipal
Code) is in compliance with the Federal regulations; and,
C. On January 21, 2015, the Planning Commission adopted a minute action authorizing
staff to amend the Zoning Code to bring the City into compliance with the new
wireless communication facility regulations; and,
D. On March 19, 2015, notice of the pending zone text amendment was published in the
Downey Patriot as a' /etn page ad; and,
E. The Planning Commission held a duly noticed public hearing on April 1, 2015, and
after fully considering all oral and written testimony and facts and opinions offered at
the aforesaid public hearings, adopted this resolution.
SECTION 2. The Planning Commission further finds, determines and declares the
requested Zone Text Amendment has been review for compliance with the California
Environmental Quality Act (CEQA). Upon completion of this review, it has been determined that
this request is categorically exempt from CEQA, pursuant to Guideline Section No. 15305
(Class 5 - Minor Alteration in Land Use Limitations) based on the fact that it will not alter
densities or where wireless communication facilities are permitted within the City.
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:
That the requested amendment is necessary and desirable for the development of
the community and is in the interests or furtherance of the public health, safety, and
general welfare. The proposed Zone Text Amendment will modify the regulations
regarding wireless communication facilities, which is necessary to bring the City into
compliance with Federal regulations. The intent of these regulations is to speed the
process of modifications to existing wireless communication facilities, thus
encouraging the wireless carriers to increase network capacity. This increase in
network capacity would serve public interest since it would allow better cellular
coverage to those who live and work in the City of Downey. Furthermore, people
Agenda Page 10
Resolution No. 15-
Downey Planning Commission
rely on their cellular phones for day -to -day communication, to contact authorities in
emergency situations, and for various other tasks (i.e. maps, obtaining information,
social networking). Enhancing the wireless networks and increasing capacity is a
betterment towards the public health, safety, and welfare since it would provide more
reliable and faster connections to information and emergency services.
2. The proposed amendment is in general conformance with the General Plan. The
proposed code amendment will update the City's wireless ordinance to comply with
current Federal regulations. It is a goal of the General Plan (Goal 1.3) to, "Address
changes in land use and zoning trends." The proposed amendment is consistent
with this goal because the requested changes will bring the City into compliance with
the current land use regulations regarding wireless communications. Another goal of
the General Plan (Goal 1.4) is to, "Protect and Enhance the Residential
Neighborhoods." The amendment to allow an increase in the height of freestanding
antennas will achieve this goal since it introduces a 200' setback to be able to
construct the new freestanding tower at the 50' height. This additional setback will
protect the existing residential neighborhoods.
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 recommends that the City
Council amend the following definition in Section 9126 of Article IX of the Downey Municipal
Code to read as follows:
Cell Tower (Cell or Cellular Tower): See "Wireless Communication Facility"
SECTION 5. Based upon the findings set forth in Sections 1 through 3 of this
Resolution, the Planning Commission of the City of Downey hereby recommends that the City
Council amend Section 9126 of Article IX of the Downey Municipal Code to delete the following
definitions:
Cell Tower, Disguised (Stealthing): Any wireless communication facility that is
designed to blend into the surrounding environment, typically one that is architecturally
integrated into a building or other concealing tower structure, hereafter referred to as a
cellular tower.
COW: A cellular or wireless communication facility on wheels
SECTION 6. Based upon the findings set forth in Sections 1 through 3 of this
Resolution, the Planning Commission of the City of Downey hereby recommends that the City
Council amend Section 9134 of Article IX of the Downey Municipal Code to delete the following
definition:
Ground Mounted: Mounted to a pole, lattice tower, or other freestanding structure that
is specifically constructed for supporting a wireless communication service antenna.
SECTION 7. Based upon the findings set forth in Sections 1 through 3 of this
Resolution, the Planning Commission of the City of Downey hereby recommends that the City
Council amend Section 9144 of Article IX of the Downey Municipal Code to delete the following
definition:
Wireless Communication Facilities — PLN -15 -00013
April 1, 2015 -Page 2
Agenda Page 11
Resolution No. 15-
Downey Planning Commission
Lattice Tower: A structure with three (3) or four (4) legs used to support wireless
communication service antennas
SECTION 8. Based upon the findings set forth in Sections 1 through 3 of this
Resolution, the Planning Commission of the City of Downey hereby recommends that the City
Council amend Section 9146 of Article IX of the Downey Municipal Code to delete the following
definition:
Monopole: A single -poled structure used to support wireless communication service
antennas
SECTION 9. Based upon the findings set forth in Sections 1 through 3 of this
Resolution, the Planning Commission of the City of Downey hereby recommends that the City
Council amend Section 9156 of Article IX of the Downey Municipal Code to delete the following
definition:
Roof - Mounted: Wireless communication service antennas that are mounted on any
structure that is not specifically constructed for supporting antennae, in any manner that
does not satisfy the definition of "wall mounted."
SECTION 10. Based upon the findings set forth in Sections 1 through 3 of this
Resolution, the Planning Commission of the City of Downey hereby recommends that the City
Council amend Section 9166 of Article IX of the Downey Municipal Code to add the following
definitions:
Wireless Communication Facility, Base Station: Any structure at a fixed location that
supports a wireless communication facility, including any related equipment. This shall
not mean "Wireless Communication Facility, Tower ".
Wireless Communication Facility, Concealment (Stealthing): Any wireless
communication facility that is designed to blend into the surrounding environment,
typically one that is architecturally integrated into a building or other concealing tower
structure, such that the antennas and related equipment are not visible
Wireless Communication Facility, Tower: Any structure that is built or constructed for
the sole or primary purpose of supporting wireless communication antennas.
SECTION 11. Based upon the findings set forth in Sections 1 through 3 of this
Resolution, the Planning Commission of the City of Downey hereby recommends that the City
Council amend Section 9426.04 of Article IX of the Downey Municipal Code to read as follows:
SECTION 9426.04. DEVELOPMENT REGULATIONS.
(a) Applicants proposing the development of wireless communication facilities in the
City shall locate their antennas based on the following priorities:
(1) Collocation onto an existing wireless base station or tower.
(2) On the side, roof, and /or penthouse of an existing building that does not
have other wireless facilities.
(3) Construction of a new tower facility.
Wireless Communication Facilities — PLN -15 -00013
April 1, 2015 - Page 3 Agenda Page 12
Resolution No. 15-
Downey Planning Commission
(b) Except as noted below in Section 9426.04(c), wireless communication facilities
shall require approval of a Conditional Use Permit, pursuant to Section 9824, and shall
be subject to the following regulations:
(1) Wireless communication facilities shall not be located within the R -1 or R-
2 Zones, except on non - residentially improved properties.
(2) In the R -3, R -3 -0, and M -U Zones, wireless communication facilities shall
only be located on the side, roof, and /or penthouse of an existing building.
(3) In all other zones, wireless communication facilities may be located either
on the side, roof, and /or penthouse of an existing building; or may be located on
a new standalone /tower facility.
(4) Wireless communication facilities shall be designed to conceal (stealth)
all antennas and related equipment.
(5) Wireless communication facilities shall not bear any signs or advertising
devices except for warnings, certification, or other required seals or signing
addressing public safety.
(6) All accessory equipment associated with the operation of a wireless
communication facility shall be located within a building enclosure, or in an
underground vault that complies with the development standards of the zone in
which the accessory equipment is located. If the equipment is to be located
above ground, it shall be housed in a structure that is visually compatible with the
surrounding buildings and include sufficient landscaping to screen the structure
from view.
(7) Facilities shall be constructed with colors and non - reflective materials that
blend with their surroundings.
(8) Facilities should be located whenever possible where the existing
topography, vegetation, buildings, or other structures provide the greatest
amount of screening.
(9) Facilities should be located whenever possible near light poles, trees,
water tanks, church steeples, and in areas where the proposed facility will not
excessively detract from the image of the City.
(10) All wireless communication facilities shall be located at the lowest
possible height that will allow them to operate. In no case shall any such facility
exceed the maximum permitted height for the applicable zone in which it is to be
located, except as listed below:
(i) Wireless communication facilities that are located on the roof of an
existing building may extend to an additional six (6) feet above the roof of
the building.
(iii) New tower facilities shall not exceed a height of thirty -eight (38)
feet in any zone, regardless of any other applicable height limitation for that
zone. However, this height may be increased to fifty (50) feet provided the
tower is more than two hundred (200) feet from any residential zoned
property.
(11) Wireless communication facilities shall comply with all setback, building
separation, lot coverage, landscaping, variable height, and all other additional
standards established for the zone in which the tower facility is to be located, and
as determined by the City Planner.
(c) Notwithstanding the requirements set forth in Section 9426.04(b), any change to
an existing wireless communication facility that does not substantially change the
physical dimensions of the wireless communication facility, shall been considered in
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Resolution No. 15-
Downey Planning Commission
compliance with the original approval and development standards. For purposes of this
section, a substantial change to the physical dimensions shall mean any of the following:
(1) Increase the height of the wireless communication facility by more than
10 %, not to exceed 20 feet, or one additional array.
(2) Protrudes from a tower further than the existing appurtenances or 20 feet,
whichever is greater.
(3) Protrudes from a base station structure more than six feet.
(4) Adds more than four equipment cabinets
(5) Requires excavation outside of the existing lease area.
(6) Would defeat the existing concealment elements of the tower or base
station.
(7) Does not comply with any conditions of approval of a prior approval,
except conditions limiting the number of antennas /equipment, height, or width of
the wireless communication facility.
SECTION 12. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 1s` day of April, 2015.
Hector Lujan, 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 I" day of April,
2015, by the following vote, to wit:
AYES:
COMMISSIONERS:
NOES:
COMMISSIONERS:
ABSENT:
COMMISSIONERS:
ABSTAIN:
COMMISSIONERS:
Mary Cavanagh, Secretary
City Planning Commission
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