HomeMy WebLinkAboutPC Resolution 16-2968RESOLUTION NO. 16 -2968
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY APPROVING A CONDITIONAL USE PERMIT (PLN -16- 00006),
THEREBY ALLOWING THE OPERATION OF A 50 FOOT WIRELESS
FACILITY DESIGNED AS A PINE TREE ON PROPERTY LOCATED AT 8350
FIRESTONE BLVD, 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. On January 13, 2016, the applicant submitted a request for a Conditional Use Permit to
allow the construction and operation of a 50' tall wireless communication facility that is
disguised as a pine tree (mono - pine); and,
B. On February 12, 2016, after a careful review of the submitted information, staff deemed
the application complete; and,
C. On March 3, 2016, notice of the pending application 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 16, 2016, 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 the
environmental impact of the proposed project 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 15332 (In -fill Development).
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:
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 is within the Downey Downtown
Specific Plan. It is the intent of the land use designation and zoning to provide
commercial and service uses in the City in order to serve the broadest community and
regional needs. The wireless communication facility will not disrupt the original intent of
the area. The proposed development will satisfy these needs of its surrounding area by
providing a fast, more efficient wireless connection to those who live, work, and visit the
area. Furthermore, it is a policy of the General Plan (Policy 2.7.1.1) to "Promote
upgrades and maintenance of utility and communication systems ". This approval will
provide an enhanced wireless service for the neighborhood, thus upgrading a
communication system. For these reasons, this project is consistent with the goals,
policies, programs, and land uses of all applicable elements of the General Plan.
Resolution No. 16 -2968
Downey Planning Commission
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 subject site is within
a fully developed area of the City, with little to no vacant properties in the immediate
area. The proposed wireless communication facility is limited to a 225 square foot lease
area at the rear of the 41,650 square foot project site. The Downtown Downey Specific
Plan is a pedestrian oriented, in which structures are built close to the street property
line. Since the proposed project is to the rear of the subject property, construction of the
wireless facility will not have an adverse effect to the other properties and uses in the
area.
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 proposed project will occupy 225 square feet area on the subject site. Even with the
loss of one parking space, the project site will comply with the code. Accordingly, the
site has sufficient size and shape to accommodate the wireless facility without affecting
the existing restaurant on the site. This approval will allow the operation of the use in a
manner not detrimental to the particular area.
4. The traffic generated by the proposed use will not impose an undue burden upon the
streets and highways in the area. The proposed wireless communication facility is
unmanned. With the exception of an occasional maintenance trip, the site will not generate
any traffic. The site is accessed directly via Dolan Ave and indirectly (across the City
parking lot) from Firestone Blvd. Irrespective of the LOS on either street, the minimal trip
generation will not create an undue burden on the streets.
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 the Conditional Use Permit
(PLN -16- 00006) 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.
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March 16, 2016 - Page 2
Resolution No. 16 -2968
Downey Planning Commission
PASSED, APPROVED AND ADOPTED this
16th day of March, 2016.
Matias Flores, 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 March,
2016, by the following vote, to wit:
AYES:
COMMISSIONERS:
Flores, Rodriguez, Morales, Lujan and Owens
NOES:
COMMISSIONERS:
None
ABSENT:
COMMISSIONERS:
None
ABSTAIN:
COMMISSIONERS:
None
Mary C anagh, Secrdary
City Planning Commission
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March 16, 2016 - Page 3
Resolution No. 16 -2968
Downey Planning Commission
CONDITIONAL USE PERMIT (PLN -16- 00006)
EXHIBIT A - CONDITIONS
PLANNING
1) The approval of this Conditional Use Permit (PLN -16- 00006) allows for the construction
of a 50' tall wireless communication facility near the southwest corner of the subject site.
Additionally, the approval allows all related ground equipment and an emergency back-
up generator.
2) Approval of the Conditional Use Permit (PLN -16- 00006) 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 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.
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) The wireless telecommunication facility shall be disguised (stealthed) as a pine tree
(mono - pine). This shall include the use of all of the following features:
a) The pole (trunk) shall be covered in a simulated bark material.
b) Branches and antenna support structures shall be painted brown or covered with
a simulated bark material.
C) Antenna arrays shall not extend beyond or above the branches.
d) Antennas shall be covered with socks that simulate pine needles.
e) The mono -pine shall have a minimum branch density of 2.5 branches per foot.
6) The wireless facility and all related equipment shall be located within the 225 square foot
equipment lease area (tree overhang area is 484 square feet). The equipment lease
area shall be enclosed with an eight -foot tall decorative black wall, with cap. A chain link
(or similar material) lid may be used to secure the equipment provided the lid is not
visible from the adjacent grade.
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March 16, 2016 - Page 4
Resolution No. 16 -2968
Downey Planning Commission
7) All lights within the equipment area shall be LED and shall be directed, positioned,
and /or shielded such that they do not illuminate surrounding properties and the public
right -of -way.
8) The wall shall be finished with graffiti resistant materials. Prior to the issuance of
building permits, the applicant shall demonstrate to the satisfaction of the City Planner,
that the finished materials will comply with this requirement.
9) Any graffiti applied to the site shall be removed within 48 hours.
10) The applicant shall comply with the art in public places requirements set forth in Downey
Municipal Code 8950 et seq. This shall include payment of all required fees prior to the
issuance of building permits. Should the applicant exercise their right to install public art
on site, the public art application (including payment of all deposits) shall be submitted
prior to the issuance of building permits.
11) Prior to the final of building permits, the applicant shall plant three Canary Island Pines
( Pinus cananensis) in the parking lot. The location of the three live trees shall be as
determined by the City Planner. Trees shall have a minimum height of 25' at time of
planting and may be trimmed if they grow to a height above 40'. At no time shall the
trimming reduce the height of the trees below 25'.
12) All utilities servicing the facility shall be installed underground.
13) The back -up generator shall not be used to power the site, except in case of emergency
or power outage, and for monthly test of the system. Testing shall only occur Monday -
Friday, between the hours of 8:00 a.m. and 5:00 p.m.
BUILDING
14) All construction shall comply with the most recent version of the California Building
Code, as adopted by the City of Downey.
15) 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 occupancy of the units.
FIRE
16) All construction shall comply with the most recent version of the California Fire Code, as
adopted by the City of Downey.
17) The site address shall be mounted on the lease area wall. Address shall be visible from
the street and a minimum of 6 inches in height.
18) A Knox accesses system shall be install for the lease area.
19) Electronic reporting of Hazardous Materials to State -wide reporting system (CERS) for
chemical handled at or above reportable limits of 55- gallons of liquid, 500 pounds of
solid, and 200 cubic feet of gas shall be completed.
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