HomeMy WebLinkAboutPC Reso 18-3066RESOLUTION NO. 18-3066
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING PLN -18-00039 (CONDITIONAL USE PERMIT), THEREBY ALLOWING
THE CONSTRUCTION OF A NEW VERIZON WIRELESS TELECOMMUNICATIONS
FACILITY WITH AN EQUIPMENT SHELTER ON PROPERTY LOCATED AT 12324
BELLFLOWER BOULEVARD, 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, 2018, requesting approval
of a Conditional Use Permit (PLN -18-00039) to construct a new, 50 -foot -tall
wireless communications facility, 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, 2018. The Applicant
submitted the requested materials on June 9, 2018. Staff deemed the application
complete on July 9, 2018; and,
C. On September 6, 2018, 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 19,
2018 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. 15303 (Class 3, New Construction or
Conversion of Small Structures), because the proposed use is constructing a new wireless
communications facility.
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 use will
increase the cellular coverage in the area, which, in turn supports Verizon
Wireless' customers using their phones in this area, where the propagation maps
illustrate a lack of capacity. 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
Resolution No. 18-3066
Downey Planning Commission
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 the Public Works Maintenance Yard. This
includes the construction of a new 50 -foot -tall monopine and equipment
enclosure. 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, and will not generate new noise.
Furthermore, the Applicant included a note on the plans that the proposed
antennas will be painted and wrapped to match the branches and needles of the
tree. Additionally, staff is recommending a condition to also require branch socks
to further conceal the antennas, 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 the construction of a new,
50 -foot -tall monopine with 12 antennas and the construction of an approximately
200 square -foot equipment enclosures. 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 -
18 -00039) 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.
12324 Bellflower Blvd — PLN -18-00039
September 19, 2018 — Page 2
Resolution No. 18-3066
Downey Planning Commission
SECTION 5. The Secretary shall certify the adoption of this Resolution.
�_e , �-',r t«f
Patrick Owens, Chairman
City Planning Commission
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
September 2018, by the following vote, to wit:
AYES:
COMMISSIONERS:
Flores,
Duarte, Frometa, Dominguez and Owens
NOES:
COMMISSIONERS:
None
ABSENT:
COMMISSIONERS:
None
ABSTAIN:
COMMISSIONERS:
None
CILI&Za'lt�
nagh, Secretary
Ma$C()
Cityng Commission
12324 Bellflower Blvd — PLN -18-00039
September 19, 2018 — Page 3
Resolution No. 18-3066
Downey Planning Commission
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT (PLN -18-00039)
PLANNING
1) The approval of Conditional Use Permit (PLN -18-00039) allows Verizon Wireless to
construct a 50 -foot -tall monopine, inclusive of twelve (12) panel antennas, one (1) four -
foot diameter microwave dish, and associated equipment. Additionally, Verizon Wireless
will construct an approximately 200 -square -foot equipment enclosure 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) Prior to the submittal of plans into Building and Safety Plan Check, the applicant and the
property owner shall sign an affidavit of Acceptance of Conditions, as provided by the
City of Downey.
7) All construction, including the size and location of the cellular tower and equipment
enclosure, shall be in compliance with the plans approved by the Planning Commission
and dated and stamped June 9, 2018.
8) The canopy shall have a minimum branch density of 2.5 branches per foot. The base of
the canopy shall be no higher than 20' above the grade and shall extend 5' above the top
of the antennas.
12324 Bellflower Blvd — PLN -18-00039
September 19, 2018 — Page 4
Resolution No. 18-3066
Downey Planning Commission
9) The trunk of the monopine shall be wrapped in a material that resembles bark.
10) The antennas and their support structures shall be covered in a material to resemble
branches and pine needles.
11) The arrays and support structures cannot extend beyond the width of the branches.
12) The chain -linked fence surrounding the equipment must include hedge, green, privacy
slats, or similar material, as approved by the City Planner.
13) Noise generated from construction shall comply with Municipal Code Section 4600 et.
seq.
14) This approval shall not be valid until the City Council of the City of Downey approves the
lease agreement with Verizon Wireless and is fully executed.
15) 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.
BUILDING
16) All construction shall comply with the most recent version of the California Building Code,
as adopted by the City of Downey.
17) 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
18) All public utilities shall be installed underground.
19) Proposed public improvements shall comply with the latest edition of Standard Plans and
Specifications for Public Works Construction, City of Downey standards and the
Americans with Disabilities Act (ADA).
20) Owner/Applicant shall obtain permits from the Public Works Department for all
improvements within the public right of way or on city -owned property at least two weeks
prior to commencing work. Contact Brian Aleman, Assistant Civil Engineer I, at (562)
904-7110 for information.
21) Owner/Applicant shall remove all Underground Service Alert (USA) temporary pavement
markings immediately following the completion of the work / final permit inspection.
22) Any utilities that are in conflict with the development shall be relocated at the
owner/applicant's expense.
23) The owner/applicant shall obtain all necessary plan approvals and permits.
24) The owner/applicant shall comply with the National Pollutant Discharge Elimination
System (NPDES); Ordinance 1142 of the Downey Municipal Code (DMC). Furthermore,
the applicant shall be required to Certify and append Public Works standard "Attachment
12324 Bellflower Blvd — PLN -18-00039
September 19, 2018 — Page 5
Resolution No. 18-3066
Downey Planning Commission
A" to all construction and grading plans as required by the LACoDPW Storm Water
Quality Management Plan (SQMP).
25) The owner/applicant shall deploy Best Management Practices during and after
construction.
26) Owner/Applicant shall remove and replace the asphalt pavement at the Maintenance
Yard with existing pavement thickness + 1 -inch with the entire limits of the utility cuts
made by the owner/applicant or as directed by the Deputy Director of City of Downey
Public Works. The Owner/Applicant shall restore any pavement markings that were
removed during work, as needed. The Owner/Applicant shall remove and repair any
visible utility -cut pavement failures up to 5 feet from utility cuts.
27) Owner/Applicant shall maintain a distance of 20 feet from their proposed facility fence to
any portion of the City of Downey Public Works maintenance yard in order to allow for
large maintenance vehicles to maneuver into, out of or through the maintenance yard.
28) Prior to submitting plans to Building Plan Check, the Applicant shall coordinate with the
Superintendent of Maintenance and Facilities of the Public Works Maintenance Division
to finalize a location for the electrical pedestal.
29) Prior to submitting plans to Building Plan Check, the Applicant shall install one (1) 24 -
inch box tree on the site. The location and species of the tree will be determined by the
Superintendent of Maintenance and Facilities of Public Works and the City Planner. The
tree shall be planted to the satisfaction of both parties.
FIRE
30) 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.
31) The equipment shelter must display the proper warning signs associated with wireless
communications facilities.
END OF CONDITIONS
12324 Bellflower Blvd — PLN -18-00039
September 19, 2018 — Page 6