HomeMy WebLinkAboutPC Resolution 14-2871 RESOLUTION NO. 14-2871
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING PLN-14-00055 (CONDITIONAL USE PERMIT), A REQUEST BY SPRINT
CORPORATION TO MODIFY THE PREVIOUSLY APPROVED DESIGN REVIEW
BOARD (DRB) CASES 03-78 AND 05-133; THEREBY ALLOWING SPRINT TO ADD
THREE (3) PANEL ANTENNAS AT VARIOUS LOCATIONS, ON THE ROOFTOP OF A
TWO-STORY OFFICE BUILDING, ON PROPERTY AT 7800 IMPERIAL HIGHWAY,
AND ZONED C-2 (GENERAL COMMERCIAL)
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 Barbara Saito (hereinafter "applicant") requesting
approval of PLN-14-00055 (Conditional Use Permit), to modify the existing
wireless communications facility (Sprint) on the rooftop of an office building, on
property at 7800 Imperial Hwy, and zoned C-2 (General Commercial) (hereinafter
"subject property") (Assessor Identification No. 6245-021-043); and,
B. On April 3, 2014, 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 April 16, 2014
and, after fully considering all oral and written testimony and facts and opinions
offered at the aforesaid public hearing, adopted Resolution No. 14-2871, 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 in a fully developed area of the City, with no vacant properties
in the adjacent area. Installation of the panel antennas and related equipment
cabinets will not affect neighboring land uses due to the nature of the use and the
manner in which the proposed project is oriented and designed. Moreover, in
order to mitigate aesthetic impacts on surrounding properties, a condition of
Resolution No. 14-2871
Downey Planning Commission
approval requires that all future panel antennas be installed behind the penthouse
to hide the antennas from public view.
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 rectangular-shaped lot
that is improved with a two-story office building and an off-stree t parking lot. The
proposed project will be located within the existing wireless communications
facility on the roof of the building. The location of the antennas and all related
equipment cabinets will not interfere with the use of the building or reduce the
amount of available parking. 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 streets (Rives Avenue
and Smallwood Avenue) have 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-14-00055
(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 16th day of April, 2014.
Robert Kiefer, Chairm n
City Planning Commission
I HEREBY CERTIFY that the foregoing Minutes were duly approved at a Regular meeting of
the Planning Commission held on the 16th day of April, 2014, by the following vote:
AYES: COMMISSIONERS: Kiefer, Lujan, Morales, Flores and Rodriguez
ABSENT: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: None
NOES: COMMISSIONERS: None
-C�
Mary Cavanagh, Secretary
City Planning Commission
PLN-14-00055(CUP)—7800 Imperial Hwy
April 16,2014-Page 2
Resolution No. 14-2871
Downey Planning Commission
EXHIBIT
PP A— CONDITIONS OF APPROVAL
PLN-14-00055 (CONDITIONAL USE PERMIT)
PLANNING
1) The approval of PLN-14-00055 authorizes (Sprint) the Applicant to modify their existing
wireless communications facility on the rooftop of a building at 7800 Imperial Hwy, by
adding three (3) panel antennas behind the existing penthouse screen-wall. Additionally,
the approval includes the installation of an equipment cabinet at the existing equipment
enclosure located on the rooftop of the subject building, 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 existing, new, and future panel antennas shall be mounted behind the screen wall
(penthouse) and shall not be visible from public view.
3) All panel antennas shall not extend above the screen wall (penthouse).
4) Approval of this PLN-14-00055 (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.
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-14-00055 (Conditional Use Permit) shall be complied with before
this conditional use permit becomes valid.
7) The owner/applicant shall comply with all conditions of DRB Nos. 03-78 & 05-133
(Design Review Board) before this PLN-14-00055 (CUP) becomes valid.
8) The owner/applicant shall incorporate a copy of this Resolution No. 14-2871 (including
Exhibit A— Conditions), into the approved set of building plans.
9) 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
w.- Applicant of the obligations of this condition.
PLN-14-00055(CUP)—7800 Imperial Hwy
April 16,2014-Page 3
Resolution No. 14-2871
Downey Planning Commission
PUBLIC WORKS/ENGINEERING
10) 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.
11) 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.
12) 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
13) If applicable, the applicant/owner shall install a Knox® Rapid Entry System for the
project.
14) The owner/applicant shall obtain all required permits and necessary inspections prior to
beginning operation of the wireless facility.
BUILDING
15) The owner/applicant shall provide that all construction shall comply with the 2014
California Building Code and Title 24 of the California Energy Code.
16) Prior to the beginning installation of antenna panels, the owner/applicant shall obtain all
required permits and necessary inspections prior to beginning operation of the wireless
facility.
H:\Community Development\Nguyen\CASES\CUP\2014\7800 Imperial(Sprint rooftop)\14-00055 reso-approve.doc
PLN-14-00055(CUP)—7800 Imperial Hwy
April 16,2014-Page 4