HomeMy WebLinkAboutPC Resolution 15-2906RESOLUTION NO. 15 -2906
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING PLN -14- 00231, FOR A CONDITIONAL USE PERMIT TO ALLOW THE
INSTALLATION OF A WIRELESS COMMUNICATION FACILITY, INCLUDING
TWELVE (12) PANEL ANTENNAS, A 4 -FOOT DIAMETER MICROWAVE ANTENNA,
AND TWO (2) EQUIPMENT CABINETS, ON THE ROOF OF A VERIZON -OWNED
SWITCHING BUILDING, AT 8336 SECOND STREET, ZONED DDSP (DOWNTOWN
DOWNEY 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. An application was filed by Marilyn Warren /Reliant Land Services, Agent for
Verizon, requesting approval of PLN -14 -00231 (Conditional Use Permit), to install
a wireless communication facility ( Verizon) on the roof of an existing Verizon-
owned switching building, on property at 8336 Second Street, and zoned DDSP
(Downtown Downey Specific Plan) (hereinafter "subject property ") (Assessor
Identification No. 6254 - 020 -808); and,
B. On January 8, 2015, 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 January 21,
2015, which was continued to February 18, 2015, and after fully considering all
oral and written testimony and facts and opinions offered at the aforesaid public
hearing, adopted Resolution No. 15 -2906, subject to conditions of approval.
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. The subject site has a General Plan Land Use
Designation of Mixed Use, which is being implemented by the DDSP zone.
General Plan Policy 2.7.1 states, "Provide adequate utility and communication
systems." The project is consistent with this General Plan policy since it will
provide better wireless communication connectivity and services to those who live
and work in the area. Approving this project will help achieve this policy by
increasing the capacity of the existing communications network. In addition, the
project complies with all requirements of the Municipal Code, all while providing
proper screening of the antennas and enhancing the overall appearance of the
building.
Resolution No. 15 -2906
Downey Planning Commission
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. The proposed wireless communication facility will locate 12
panel antennas, one 4 -foot diameter microwave antenna, and two equipment
cabinets for Verizon Wireless on the roof of the existing building. The requested
use will not affect neighboring land uses because all of the antennas will be
located behind the FRP screen walls, and the screen walls will be comprised of a
color and design to match the building fagade. The screen walls will hide the
antennas from the public right -of -way and will not be visible from other properties.
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 Verizon -owned telecommunication switching
facility that has been existence since 1983. The antennas will be mounted to the
screen walls on top of the building and will not require an expansion of the
building floor area. Additionally, 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 and will not be detrimental to adjacent uses.
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 telecommunications facility, which typically only requires a
single site visit once a month for maintenance. The adjoining streets (2nd Street
and Dolan Avenue) have sufficient capacity to absorb any additional traffic the
requested use may create.
SECTION 4. Pursuant to Downey Municipal Code Section 9426.04(b)(4), the Planning
Commission further finds, determines and declares that:
All antennas and equipment that are located on the side, roof, and /or
penthouse of an existing building are properly integrated into the subject
building's design so that they are not identifiable as such by a casual
observer. The proposed antennas will be located on the roof of the building
surrounded by FRP (Fiberglass Reinforced Plastic) screen walls that will have a
finish to match the building. This design will allow the screen walls to blend into
the existing building, thus looking like an extension of the building. As a result,
the casual observer will not recognize the extension as a wireless facility.
SECTION 5. Based upon the findings set forth in Sections 1 through 4 of this
Resolution, the Planning Commission of the City of Downey hereby approves PLN 714 -00231
(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.
PLN -14 -00231 (CUP) — 8336 Second St
February 18, 2015 - Page 2
Resolution No. 15 -2906
Downey Planning Commission
SECTION 6. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 18th day of February, 2015.
e CKairman
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 18th day of
February, 2015, by the following vote, to wit:
AYES:
COMMISSIONERS: Lujan, Flores, Morales, Rodriguez and Owens
NOES:
COMMISSIONERS: None
ABSENT:
COMMISSIONERS: None
ABSTAIN
COMMISSIONERS: None
L.6C4 kva4
Mary Ca anagh, Secretary
City Planning Commission
PLN -14 -00231 (CUP) — 8336 Second St
February 18, 2015 - Page 3
Resolution No. 15 -2906
Downey Planning Commission
CONDITIONS OF APPROVAL
PLN -14 -00231 (CONDITIONAL USE PERMIT)
PLANNING
1) The approval of PLN -14 -00231 authorizes (Verizon Wireless) the Applicant to install a
wireless communication facility on the rooftop of a building at 8336 Second Street,
comprised of 12 panel antennas, a 4 -foot diameter microwave antenna, and two
equipment cabinets, all located behind the new screen walls on the rooftop of the subject
building, as shown on the approved (Option No. 1) photo Sims 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 panel antennas shall not extend above the screen walls on top of the roof.
3) Approval of this PLN -14 -00231 (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.
4) 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.
5) All conditions of PLN -14 -00231 (Conditional Use Permit) shall be complied with before
this conditional use permit becomes valid.
6) The owner /applicant shall incorporate a copy of this Resolution No. 15 -2906 (including all
conditions of approval), into the approved set of building plans.
7) 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.
PUBLIC WORKS /ENGINEERING
8) 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.
PLN -14 -00231 (CUP) — 8336 Second St
February 18, 2015 - Page 4
Resolution No. 15 -2906
Downey Planning Commission
9) 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.
10) 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
11) If applicable, the applicant/owner shall install a Knox® Rapid Entry System for the
project.
12) The owner /applicant shall obtain all required permits and necessary inspections prior to
beginning operation of the wireless facility.
BUILDING
13) The owner /applicant shall provide that all construction shall comply with the 2015
California Building Code and Title 24 of the California Energy Code.
14) 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.
HACommunity Development\Nguyen \CASES \CUP\2014\8336 Second (Verizon wireless) \14 -00231 reso (2- 18 -15) approve.doc
PLN -14 -00231 (CUP) — 8336 Second St
February 18, 2015 - Page 5