HomeMy WebLinkAboutPC Reso 10-2622RESOLUTION NO. 10-2622
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
ADOPTING A NEGATIVE DECLARATION AND DENYING CONDITIONAL USE
PERMIT NO. 09-01 — FOR THE CONSTRUCTION AND OPERATION OF AN 18"
DIAMETER BY 38' TALL CELLULAR MONOPOLE (T -MOBILE) STEALTHED AS A
LIGHT POLE ON PROPERTY AT 7375 STEWART & GRAY ROAD, AND ZONED C-1
(NEIGHBORHOOD 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 Jin Park (hereinafter "applicant") requesting approval
of a Conditional Use Permit (CUP) No. 09-01 to install a cellular monopole at the
subject site (hereinafter "subject property") (Assessor Parcel No. 6231-027-028);
B. On December 16, 2009, 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
Long Beach Press Telegram. Additionally, pursuant to the requirements of CEQA,
a Notice of Intent to adopt a Negative Declaration was filed with the Los Angeles
County Recorders office on December 16, 2009; and,
D. The Planning Commission held a duly noticed public hearing on January 6, 2010
and, after fully considering all oral and written testimony and facts and opinions
offered at the aforesaid public hearing, adopted Resolution No. 10-2622, denying
Conditional Use Permit No. 09-01.
SECTION 2. The Planning Commission further finds, determines and declares that after
preparing an Initial Study in compliance with the requirements of the California Environmental
Quality Act, which found that there would be no significant environmental impacts created by the
proposed Conditional Use Permit, a Negative Declaration was prepared. Based on its own
independent judgment that the facts stated in the initial study are true, the Planning Commission
hereby finds that the approval of the Conditional Use Permit will not have any potential negative
environmental impacts.
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.
Approving this conditional use permit would result in an inconsistency with the
General Plan provisions that were developed to promote architectural design of
the highest quality. The proposed use would contradict Programs 8.1.1.1 and
8.1.1.6., since it is not architecturally compatible with the existing building. It is
staffs opinion that the design of the unattractive monopole stealthed as a light
pole would contradict Program 8.1.1.6 since it would create a significant, negative
aesthetic impact to the existing surrounding land uses. As such, staff feels that
this finding cannot be adopted.
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.
Because the proposed monopole is located within the existing parking lot, it will
be noticeable and be seen from Stewart & Gray and Old River School Road. It is
Resolution No. 10-2622
Downey Planning Commission
staffs opinion that the proposed antenna panels could be mounted on the
existing mono -tower distinguished as a "clock tower". In addition, the proposed
monopole stealthed as a light pole could result in impacts relating to property
appearance and architectural compatibility. As such, staff feels that this finding
cannot be adopted.
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 single -story in-line retail building and an off-street parking lot. The proposed
project will be located within the landscaping area of the parking lot. The location
of the monopole, and all related equipment, will not reduce the amount of
available parking. Thus, the site has sufficient shape and size to accommodate
the proposed project. As such, staff feels that this finding can be adopted.
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 (Old River School Road
and Stewart & Gray Road) contain two (2) lanes in each direction and they have
sufficient capacity to absorb any additional traffic the requested use may create.
As such, staff feels that this finding can be adopted.
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 denies Conditional Use Permit No. 09-
01, 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 January, 2010.
Terry La bros, Chairman
City Planning Commission
I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted b� the
Planning Commission of the City of Downey at a regular meeting thereof, held on the 6t day of
January, 2010, by the following vote, to wit:
AYES: COMMISSIONERS: Kiefer, Murray, Morales, Lambros
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONER: Vasquez
H:\PLANNINGIRESOS\PC\201 W 0-2622.doc
Theresa Donahue, Secretary
City Planning Commission
CUP 09-01 — 7375 Stewart & Gray Rd
January 6, 2010 - Page 2