HomeMy WebLinkAboutPC Reso 19-3111RESOLUTION NO. 19-3111
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY APPROVING A CONDITIONAL USE PERMIT (PLN -19-00076),
THEREBY ALLOWING THE INSTALLATION AND OPERATION OF A
WIRELESS COMMUNICATION FACILITY CONSISTING OF NINE (9) 6' FOOT
TALL PANEL ANTENNAS, SIX (6) 28" TALL WIRELESS REMOTE RADIOS,
THREE (3) 28.9" TALL JUNCTION BOXES ON AN EXISTING 111 FOOT TALL
SOUTHERN CALIFORNIA EDISON TRANSMISSION TOWER, 45 FEET
ABOVE THE GROUND PLUS A 24" DIAMETER MICROWAVE ANTENNA
DISH AT A HEIGHT OF 26 FEET ABOVE THE GROUND, ON THE SAME
TOWER. THE PROJECT ALSO INCLUDES THREE EQUIPMENT CABINETS
AND A DIESEL GENERATOR TO BE LOCATED BELOW THE TOWER
BEHIND A PROPOSED 8' HIGH BLOCK WALL ENCLOSURE, 16'X 16', 256
SQUARE FEET IN AREA, A PEDESTAL, TRANSFORMER AND PULL BOXES
NEAR THE NORTHEAST CORNER OF THE PARCEL ON PROPERTY
LOCATED AT 10046 IMPERIAL HIGHWAY, ZONED R-1 (SINGLE-FAMILY
RESIDENTIAL).
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 May 13, 2019, the applicant submitted a request for a Conditional Use Permit to
allow the installation and operation of a wireless communication facility; and,
B. On September 27, 2019, after a careful review of the submitted information, staff
deemed the application complete; and,
C. On October 24, 2019, notice of the pending application published in the Downey Patriot
and mailed to all property owners within 500 -feet of the subject site; and,
D. The Planning Commission held a duly noticed public hearing on November 6, 2019, 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
request 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 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.
Resolution No. 19-3111
Downey Planning Commission
A purpose of the Zoning Code is to regulate the use of land in order to promote the
public's health, safety, and the general welfare. The Conditional Use Permit allows
wireless communication facilities subject to specific standards listed in Subsection
9426.04(b) of the Downey Municipal Code. As the project conforms to the development
standards applicable to wireless communication facilities, it is determined that the
Conditional Use Permit will therefore not adversely affect the purpose and intent of the
Zoning Code.
General Plan Policy 2.7.1 states: "Provide adequate utility and communications
infrastructure". Furthermore, General Plan Program 2.7.1.2 states: "Promote the
expansion of communication networks to meet the needs of city residents, business and
other land uses". This project will expand and improve the communication network and
fulfill aforementioned program. Therefore, the Conditional Use Permit will not adversely
affect the City's General Plan.
The Zoning Code and the General Plan function to promote the public convenience and
general welfare of persons residing or working throughout the City. As the Conditional
Use Permit is consistent with the Zoning Code and the General Plan, it is therefore
determined that it will not adversely affect the public convenience or the general welfare
of persons residing or working in the surrounding neighborhood.
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 property contains multiple transmission towers and a plant nursery. The
property to the west is a large multifamily residential complex and the parcel to the east
is a recreational vehicle storage yard. The installation of the wireless communication
facility will not adversely affect the adjoining land uses nor the growth and development
of the area. The facility will be 260 feet from the closest point of the adjoining residential
use. Edison owned parcels with transmission towers and power lines do not facilitate
development except for plant nurseries and other similar non -permanent uses. The
wireless facility will not negatively affect the current or future use of the Edison property
including the plant nursery.
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 site is a large property approximately 830 feet deep and 170 feet wide improved
with Edison transmission towers and a plant nursery. Installation of the antennas and
various related equipment will occur on an existing transmission tower with equipment
cabinets placed below the tower. The proposed equipment and the (8 -foot high block
wall enclosure will conform to all required setbacks and all other applicable development
standards. Therefore, the size and shape of the site is adequate to allow the proposed
use without being detrimental to the 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 will generate a single visit to the site once a
month for maintenance purposes. The facility operates automatically without the presence
of a working crew. The one additional vehicle trip per month will not impose an undue
10046 Imperial Hwy — PLN -19-00076
November 6, 2019 - Page 2
Resolution No. 19-3111
Downey Planning Commission
burden upon the streets and highways in the area as the capacity of the surrounding
streets and highways can accommodate the monthly single vehicular trip. With the
exception of the occasional monthly maintenance trip, the site will not generate any traffic.
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 -19-00076) 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.
PASSED, APPROVED AND ADOPTED this 6th day of November, 2019.
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 6th day of
November, 2019, by the following vote, to wit:
AYES: COMMISSIONERS: Owens, Frometa, Spathopoulos, Duarte and Dominguez
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: None
Mary Cav nagh, Secretary
City Planning Commission
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Resolution No. 19-3111
Downey Planning Commission
CONDITIONAL USE PERMIT (PLN -19-00076)
EXHIBIT A - CONDITIONS
PLANNING
1) The approval of this Conditional Use Permit (PLN -19-00076) allows for the construction
of the following:
• Nine (9) 6 -foot tall panel antennas, six (6) 28 -inch tall wireless remote radios, and
three (3) 28.9 -inch tall junction boxes to be placed on an existing 111 foot tall
Southern California Edison transmission tower, 45 feet above the ground
• A 24 -inch diameter microwave antenna dish at a height of 26 feet above the
ground level placed on the same tower.
• Three equipment cabinets to be located below the tower to be screened with an
8 -foot high block wall enclosure, 16'x 16', 256 square feet in area
• Installation of 15KW DC generator with a 54 -gallon diesel tank
• Placement of a pedestal, transformer and pull boxes near the northeast corner of
the parcel.
2) Approval of the Conditional Use Permit (PLN -19-00076) 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 8 -foot tall block wall shall be decorative and shall be reviewed by the City Planner
prior to issuance of a Building permit.
6) The antennas and all other equipment proposed to be installed on the Edison
transmission tower shall be painted to match the color of the tower.
7) 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.
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Resolution No. 19-3111
Downey Planning Commission
8) Any graffiti applied to the site shall be removed within 48 hours.
9) 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.
10) All utilities servicing the facility shall be installed underground.
11) 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
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. Additionally, the applicant shall obtain all necessary inspections and permit
final prior to occupancy of the units.
FIRE
14) Upon completion, project shall require fire department field verification inspection.
15) Emergency generator diesel fuel day tank shall be subject to the requirements of the CA
Mechanical Code.
16) Approved warning signs for identifying hazards of the use of flammable/combustible
liquids and hazardous materials shall be provided [CA Fire Code §5703.5; 5003.5,
5003.6].
17) If a battery storage system is provided and 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.
18) Provide required electrical hazard/warning signs in accordance with CA Fire Code
§608.7.
19) Business shall be required to establish, implement, and submit a Hazardous Materials
Business Plan (HMBP) to Statewide Environmental Reporting System (CERS) where
required for handling reportable thresholds of hazardous materials [HSC 25507; 25508].
Diesel fuel tank capacity in excess of 55 -gallons (i.e. tank capacity 56 -gallons) requires
hazardous materials disclosure.
20) Knox key box shall be provided as per plan and keyed for the City of Downey Fire
Department [CA Fire Code §506.1 ]
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