The URL can be used to link to this page

Home My WebLink AboutPC Resolution 13-2844 RESOLUTION NO. 13-2844 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING PLN-13-00171 (CONDITIONAL USE PERMIT), A REQUEST BY AT&T MOBILITY TO INSTALL SIX (6) PANEL ANTENNAS AND A TWO-FOOT DIAMETER MICROWAVE DISH ANTENNA ON AN EXISTING 150-FOOT TALL SOUTHERN CALIFORNIA EDISON HIGH TENSION TOWER. ADDITIONALLY, AT&T MOBILITY IS PROPOSING A 228 SQ. FT. EQUIPMENT SHELTER AT THE BASE OF THE TOWER, ON PROPERTY LOCATED AT 10040 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. An application was filed by Jerry Ambrose (hereinafter "applicant") requesting approval of a PLN-13-00171 (Conditional Use Permit), to install six (6) wireless panel antennas and a two-foot diameter microwave dish antenna at a height of 60 feet to the existing 150-foot high Southern California Edison high tension tower on property at 10040 Imperial Hwy, and zoned R-1 (Single-Family Residential) (hereinafter "subject property") (Assessor Identification No. 6283-024-801); and, B. On September 5, 2013, 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 September 18, 2013 and, after fully considering all oral and written testimony and facts and opinions offered at the aforesaid public hearing, adopted Resolution No. 13-2844, subject to conditions of approval (Exhibit A). 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. General Plan Policy No. 2.7.1 states that the City should "Provide adequate utility and communications infrastructure." Approving this project will help achieve this policy by increasing the capacity of the existing communications network. 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 improved with several Southern California Edison high tension towers. It is zoned R1-5,000 (Single-Family Residential) with multiple-family Resolution No. 13-2844 Downey Planning Commission residential land uses to the west and similarly zoned properties with Edison towers to the north and south. Installation of the antenna panels will not prevent surrounding properties from further being developed. Moreover, in order to mitigate aesthetic impacts on surrounding properties, all new antennas will be painted to match existing Edison high tension tower structure. 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 narrow, deep shaped lot that is improved with Edison high tension towers and open space area. The proposed project will be located within the existing 150-foot high tower structure. The location of the antennas, and all related equipment, will not interfere with the use of the property. Thus, the site has sufficient shape and size to accommodate the proposed project. 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 communications facility, which typically only requires a single site visit once a month for maintenance. The adjoining street (Imperial Highway frontage) has sufficient capacity to absorb any additional traffic the requested use may create. 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 PLN-13-00171 (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. SECTION 5. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 18th day of September, 2013. / ouis Morals, Cm City Planning Commission hairan 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 September, 2013, by the following vote, to wit: AYES: COMMISSIONERS: Lujan, Flores, Rodriguez, Kiefer and Morales NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None / - Mary Ca anagh, Sec ary City Planning Commission PLN-13-00171 (CUP)—10040 Imperial Hwy September 18,2013-Page 2 Resolution No. 13-2844 Downey Planning Commission PLN-13-00171 (CONDITIONAL USE PERMIT) EXHIBIT A— CONDITIONS OF APPROVAL PLANNING 1) The approval of PLN-13-00171 (CUP) permits AT&T Mobility to install six (6) panel antennas at a height of 60 feet and a two-foot diameter microwave dish antenna at a height of 48 feet, on an existing 150-foot high California Edison high tension tower. Additionally, the approval includes a 228 square feet equipment shelter at the base of the tower, all located at 10040 Imperial Highway, as shown on the approved site plan 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 proposed wireless panel antennas, microwave dish antenna, and equipment shelter shall be painted to match the existing California Edison high tension tower. 3) All panel antennas and microwave dish antenna shall not extend above the Edison tower structure. 4) Approval of this PLN-13-00171 (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. •NW 5) 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. 6) All conditions of PLN-13-00171 (Conditional Use Permit) shall be complied with before this conditional use permit becomes valid. 7) The owner/applicant shall incorporate a copy of this Resolution No. 13-2844 (including Exhibit A— Conditions), into the approved set of building plans. 8) 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 4 pi Applicant of the obligations of this condition. PLN-13-00171 (CUP)—10040 Imperial Hwy September 18,2013-Page 3 Resolution No. 13-2844 Downey Planning Commission PUBLIC WORKS/ENGINEERING 9) If applicable, 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. 10) If applicable, 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. 11) 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 12) If applicable, the applicant/owner shall install a Knox® Rapid Entry System for the project. H.\Community Development\Nguyen\CASES\CUP\2013\10040 Imperial(ATT wireless)\13-00171 reso-approve.doc PLN-13-00171 (CUP)—10040 Imperial Hwy September 18,2013-Page 4