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HomeMy WebLinkAbout4. PLN-17-00055 12324 Bellflower BlvdSTAFF REPORT PLANNING DIVISION DATE: SEPTEMBER 20, 2017 TO: PLANNING COMMISSION SUBMITTED BY: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMENT REVIEWED BY: DAVID BLUMENTHAL, CITY PLANNER PREPARED BY: MONICA ESPARZA, ASSOCIATE PLANNER SUBJECT: PLN-17-00055 (CONDITIONAL USE PERMIT) – A REQUEST TO CONSTRUCT A VERIZON WIRELESS TELECOMMUNICATIONS FACILITY ON AN EXISTING TENNIS COURT LIGHT POLE LOCATION: 12324 BELLFLOWER BOULEVARD ZONING: M-2 (GENERAL MANUFACTURING) REPORT SUMMARY Reliant Land Services c/o Verizon Wireless (hereinafter referred to as “the Applicant”) is requesting a Conditional Use Permit to allow the construction of a new Verizon Wireless telecommunications facility and equipment shelter on property located at 12324 Bellflower Blvd in Independence Park. Pursuant to Code Section 9426, wireless communications facilities require the approval of a Conditional Use Permit. Based on analysis contained in this report, staff is recommending that the Planning Commission adopt the following titled resolution: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING PLN-17-00055 (CONDITIONAL USE PERMIT), THEREBY ALLOWING THE CONSTRUCTION OF A VERIZON WIRELESS TELECOMMUNICATIONS FACILITY ON AN EXISTING TENNIS COURT LIGHT POLE WITH AN EQUIPMENT SHELTER ON PROPERTY LOCATED AT 12324 BELLFLOWER BOULEVARD, OTHERWISE KNOWN AS INDEPENDENCE PARK, ZONED M-2 (GENERAL MANUFACTURING) BACKGROUND The subject site is Independence Park, a public park owned by the City of Downey and located to the east of Bellflower Blvd, north of Imperial Highway. The site is zoned M-2 (General Manufacturing) and has a General Plan Land Use Designation of Open Space. Some of the uses surrounding the park include the Los Angeles County Office of Education, Jack in the Box, Kaiser Permanente, a self-storage facility, single-family homes and the Promenade at Downey shopping center to the north west of the site. The zoning of the surrounding sites vary from M-2 Agenda Page 1 12324 Bellflower Blvd – PLN-17-00055 September 20, 2017 – Page 2 directly to the north, and south of the site, the Downey Landing Specific Plan to the west, and R- 1 5,000 to the east. Independence Park is approximately 14 acres in size and is improved with eight (8) tennis courts, four (4) softball diamonds, a skate park, all located to the south of the property. The northern portion of the property is the City of Downey Department of Public Works Maintenance Yard. Aerial of Independence Park and Proposed Location of Cell Tower On April 19, 2017, the applicant submitted a Conditional Use Permit application to place wireless telecommunications antennas on an existing tennis court light pole at the subject site. The application was reviewed by staff and deemed incomplete on May 11, 2017. The Applicant resubmitted the requested materials on July 18, 2017. On July 27, 2017, the Application was deemed complete. The notice of the pending public hearing was published in the Downey Patriot and mailed to all property owners within 500’ of the subject site on September 7, 2017. DISCUSSION Pursuant to the Downey Municipal Code, a Wireless Communication Facility is “an antenna structure and any appurtenant facilities or equipment located within City limits that provide commercial wireless service”. Wireless Communication Facilities owned by individual wireless carriers, e.g. Verizon Wireless, AT&T, Sprint, etc., are necessary to provide cellular service to its customers. When there is a gap in coverage, these carriers will construct new Agenda Page 2 12324 Bellflower Blvd – PLN-17-00055 September 20, 2017 – Page 3 communications facilities or share antenna space, or “collocate”, with other carriers on existing communications facilities. Due to the advancement in cellular technology, the need for more communications facilities has increased. Specifically in this instance, Verizon Wireless has identified a need for additional coverage and a lack of capacity in this area, as can be seen by the propagation maps below: Propagation Map without proposed communications facility The center of the map shows the location of the proposed wireless communications facility. The service provided by the existing wireless communications facilities is delineated in red. As can be seen, the service provided by these five (5) sites does not reach Independence Park or the Downey Promenade. A need for coverage and a lack of capacity is indicated by blue, green, and yellow. The construction of the proposed wireless communications facility is necessary to bridge the need for additional coverage and a lack of capacity between these existing facilities. Agenda Page 3 12324 Bellflower Blvd – PLN-17-00055 September 20, 2017 – Page 4 Propagation Map with proposed communications facility The addition of this wireless communications facility will provide Verizon Wireless customers with cellular coverage within an approximate radius of 22 miles. This radius will cover the Downey Promenade, Kaiser Permanente, the Downey Landing, and various locations within this radius. The Federal Communications Commission (FCC) regulates all wireless telecommunications facilities. Case law regarding wireless communications facilities prohibits cities from regulating the placement, construction, or modification of wireless communications facilities based on radio frequency (“RF”) emissions. However, cities can impose reasonable requirements on an applicant/ operator to demonstrate that the wireless communications facility complies with FCC RF emission standards. Concealment The location of the proposed communications facility was negotiated between Verizon Wireless and the City of Downey to be the least impactful to the surrounding residents and park activities. Prior to the finalization of the current design, negotiations for a communications facility began in the summer of 2016 between Planning Staff, Verizon Wireless, and the City of Downey Parks and Recreation Department. During these negotiations, three designs were proposed. The first option was to replace field lights in the softball field but was not feasible because of the close Agenda Page 4 12324 Bellflower Blvd – PLN-17-00055 September 20, 2017 – Page 5 proximity to the residences to the west of the site and a concern for the visual impacts this would have. The second option involved building a monopine along the southern property line of the park, but would have required removal of park trees. The third option included building a monopine near the tennis courts but the location of the monopine would have conflicted with the future location of the futsal court. As such, the proposed design was the most feasible for all parties involved. The proposed wireless communications facility will replace an existing tennis court light pole located at the south west corner of the tennis courts. Replacement is necessary to support the weight of the antennas and equipment associated with the facility; however, the facility will still serve as a light pole, in addition to being a wireless communications facility. In association with the facility, an equipment shelter will be constructed adjacent to the existing stand- alone storage facility utilized by the Parks and Recreation department. The equipment will be surrounded by a CMU block wall, painted to match the storage facility, and will include a chain- link security lid. This will prevent criminal activities, while also allowing for the ventilation of the proposed back-up generator. The equipment shelter will be located along the southern-most property line and directly abut the parking lot of the shopping center to the south. The generator will not typically emit noise as it is for back-up purposes only. Notwithstanding, Verizon Wireless tests the backup generators associated with Verizon Wireless telecommunications sites on a monthly basis for 15 minutes. The antennas of the facility will be painted to match the light standard and is located approximately 680-feet from the nearest residential structure. View of proposed communications facility from Bellflower Boulevard Proposed Antenna Agenda Page 5 12324 Bellflower Blvd – PLN-17-00055 September 20, 2017 – Page 6 DEVELOPMENT REVIEW COMMITTEE On May 5, 2017, this project was reviewed by the Development Review Committee (DRC). The Police Department had concerns regarding safety of the equipment shelter. As such, staff required the Applicant to place a chain-linked security lid above the equipment shelter. This will serve as a flat, roof-type structure that sits over the eight-foot-high CMU block walls of the equipment shelter and will not be visible from the public right-of-way. No other departments had concerns. ENVIRONMENTAL ANALYSIS Staff has reviewed the proposed use 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. 15302 (Class 2, Replacement or Reconstruction). 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 CEQA. Class 2 consists of replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced. FINDINGS Pursuant to the requirements of the Municipal Code Section 9824.06 (Conditional Use Permit), staff recommends that the Planning Commission make the following findings to approve the request: 1. That the requested conditional use permit will not adversely affect the intent and purpose of this article 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 Open Space and a zoning designation of M-2 (General Manufacturing). The proposed increase the cellular coverage in the area, which, in turn supports Verizon Wireless customers using their phones in this area, specifically, at the Downey Promenade where the propagation maps illustrate a lack in coverage. 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 Verizon Wireless to upgrade their network, thus providing better communication services to their customers. 2. That 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 tennis court light pole with a 42-foot light standard, complete with nine (9) panel antennas that will be painted to match the light standard. 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, will not generate new noise. Furthermore, the Applicant included a note on the plans that the Agenda Page 6 12324 Bellflower Blvd – PLN-17-00055 September 20, 2017 – Page 7 proposed antennas will be painted to match the light standard, thus reducing the visual impact of the facility. 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. That 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 approximately 14 acres, and is improved with Independence Park and the City of Downey Department of Public Works Maintenance Yard. The proposed project will involve replacing an existing light standard with a new light standard that has nine (9) cellular antennas and involves the construction of a new 234 square-foot equipment enclosure. The location of the new equipment on the site will not require other improvements on the site. 4. That 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 Bellflower Boulevard which intersects with Imperial Highway to the south and Stewart and Gray Road and Lakewood Boulevard to the north. 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. 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 in this report, the proposed request to allow a wireless communications facility with equipment shelter at property located at 12324 Bellflower Boulevard will provide an added service to the residents and visitors of the surrounding area. Furthermore, staff believes that the proposed use meets the findings required for the approval of the Conditional Use Permit. Therefore, staff recommends that the Planning Commission adopt the resolution approving the Conditional Use Permit, subject to the conditions of approval provided therein. EXHIBITS A. Location Map/ Aerial Photograph & Zoning Map B. Draft Resolution C. Verizon Wireless Propagation Maps D. Photo Simulations E. Project Plans Agenda Page 7 12324 Bellflower Blvd – PLN-17-00055 September 20, 2017 – Page 8 Exhibit ‘A’ - Maps Agenda Page 8 12324 Bellflower Blvd – PLN-17-00055 September 20, 2017 – Page 9 LOCATION MAP & AERIAL PHOTOGRAPH ZONING MAP Agenda Page 9 RESOLUTION NO. 17- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING PLN-17-00055 (CONDITIONAL USE PERMIT), THEREBY ALLOWING THE CONSTRUCTION OF A VERIZON WIRELESS TELECOMMUNICATIONS FACILITY ON AN EXISTING TENNIS COURT LIGHT POLE WITH AN EQUIPMENT SHELTER ON PROPERTY LOCATED AT 12324 BELLFLOWER BOULEVARD, OTHERWISE KNOWN AS INDEPENDENCE PARK, ZONED M-2 (GENERAL MANUFACTURING) 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 Reliant Land Services c/o Verizon Wireless (hereinafter referred to as “the Applicant”) on April 19, 2017, requesting approval of a Conditional Use Permit (PLN-17-00055) to place wireless communications antennas on an existing tennis court light pole, on the property located at 12324 Bellflower Blvd, Downey, and zoned M-2 (General Manufacturing); and B. Staff deemed the application incomplete on May 11, 2017. The Applicant submitted the requested materials on July 18, 2017. Staff deemed the application complete on July 27, 2017; and C. On September 7, 2017, notice of the pending public hearing was sent to all Downey property owners within 500 feet of the subject site and the notice was published in the Downey Patriot; and D. The Planning Commission held a duly noticed public hearing on September 20, 2017 and after fully considering all oral and written testimony, 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 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. 15302 (Class 2, Replacement or Reconstruction), because the proposed use is replacing an existing light standard with a new light standard equipped with cellular antennas . 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 intent and purpose of this article 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 Open Space and a zoning designation of M-2 (General Manufacturing). The proposed increase the cellular coverage in the area, which, in turn supports Verizon Wireless customers using their phones in this area, specifically, at the Downey Promenade where the propagation maps illustrate a lack in coverage. 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 ut ility and Agenda Page 10 Resolution No. 17- Downey Planning Commission 12324 Bellflower Blvd – PLN-17-00055 September 20, 2017 – Page 2 communication systems.” This project will assist Verizon Wireless to upgrade their network, thus providing better communication services to their customers. B. That 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 tennis court light pole with a 42-foot light standard, complete with nine (9) panel antennas that will be painted to match the light standard. 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, will not generate new noise. Furthermore, the Applicant included a note on the plans that the proposed antennas will be painted to match the light standard, thus reducing the visual impact of the facility. 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. C. That 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 approximately 14 acres, and is improved with Independence Park and the City of Downey Department of Public Works Maintenance Yard. The proposed project will involve replacing an existing light standard with a new light standard that has nine (9) cellular antennas and involves the construction of a new 234 square-foot equipment enclosure. The location of the new equipment on the site will not require other improvements on the site. D. That 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 Bellflower Boulevard which intersects with Imperial Highway to the south and Stewart and Gray Road and Lakewood Boulevard to the north. 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 approves this Conditional Use Permit (PLN- 17-00055) subject to the 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. [signatures on next page] Agenda Page 11 Resolution No. 17- Downey Planning Commission 12324 Bellflower Blvd – PLN-17-00055 September 20, 2017 – Page 3 SECTION 5. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 20th day of September 2017. Jim Rodriguez, 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 20th day of September 2017, by the following vote, to wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: __________________________ Mary Cavanagh, Secretary City Planning Commission Agenda Page 12 Resolution No. 17- Downey Planning Commission 12324 Bellflower Blvd – PLN-17-00055 September 20, 2017 – Page 4 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT (PLN-17-00055) PLANNING 1) The approval of Conditional Use Permit (PLN-17-00055) allows Verizon Wireless to replace an existing tennis court light pole with a new 42-foot tall light pole that has nine (9) panel antennas (three sectors, three antennas per sector). Additionally, Verizon Wireless will construct a 234-square-foot equipment shelter to store equipment associated with the wireless communications facility. 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) All conditions of approval set forth in this resolution shall be complied with before the Conditional Use Permit becomes valid. 5) 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. 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 and dated and stamped July 18, 2017. 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) This approval shall not be valid until the City Council of the City of Downey approves the lease agreement with Verizon Wireless. Agenda Page 13 Resolution No. 17- Downey Planning Commission 12324 Bellflower Blvd – PLN-17-00055 September 20, 2017 – Page 5 10) Testing for the backup generator shall take place only between the hours of 8:00 a.m. and 6:00 p.m, Monday through Friday. POLICE 11) A chain-linked security lid shall be placed upon the equipment shelter and secured to the CMU wall of the shelter. BUILDING 12) All construction shall comply with the most recent version of the California Building Code, as adopted by the City of Downey. 13) Prior to the commencement of construction, the applicant shall obtain all required permits. Once permits are issued, the applicant shall obtain all necessary inspections and permit final prior to occupancy of the business. PUBLIC WORKS 14) All new onsite utilities shall be installed underground. 15) The Applicant shall be required to complete a construction and demolition (C&D) waste management plan per Article V, Chapter 8 of the Downey Municipal Code. 16) 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 Acet; 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. Futhermore, 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 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. 17) The Applicant shall remove all construction graffiti created as part of this project in the public right of way. FIRE 18) If the battery storage system present has an electrolyte capacity of more than 50-gallons for lead-acid, valve-regulated lead-acid, or nickel-cadmium; or more than 1000-pounds for lithium-ion, then battery installation shall meet requirements of CA Fire Code §608. 19) The equipment shelter must display the proper warning signs associated with wireless communications facilities. END OF CONDITIONS Agenda Page 14