HomeMy WebLinkAboutPC Reso 10-2627RESOLUTION NO. 10-2627
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY ADOPTING A NEGATIVE DECLARATION AND APPROVING
CONDITIONAL USE PERMIT NO. 09-45 — TO CONSTRUCT AN 24 INCH
DIAMETER, BY 38 FEET TALL CELLULAR MONOPOLE WITH 12
ANTENNAS (3 SECTORS, 4 ANTENNAS PER SECTOR), STEALTHED AS A
45' TALL PINE TREE (MONOPINE) FOR T -MOBILE ON THE PROPERTY AT
9316 WASHBURN ROAD, 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. On July 31, 2009, the applicant submitted an application for Conditional Use
Permit No. 09-45, requesting to construct by 38' tall cellular monopole with 12
antennas (3 sectors, 4 antennas per sector), stealthed as a 45' tall pine tree
(monopine).This application was subsequently deemed incomplete by staff due
to missing information and redesigning the monopole on the project plans; and,
B. On January 4, 2010, staff deemed the application for Conditional Use Permit No.
09-45 complete, thus allowing it to be scheduled for public hearing; and.
C. On February 10, 2010, 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 February 10, 2010; and,
D. The Planning Commission held a duly noticed public hearing on March 3, 2010
and after fully considering all oral and written testimony and facts and opinions
offered at the aforesaid public hearing adopted this resolution, subject to
conditions of approval (Exhibit A).
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:
1. That 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." Inasmuch as the proposal will increase the capacity of the
existing cellular network, staff believes that this approval will help achieve this policy.
Furthermore, the additional network coverage, in staff's opinion, will serve as a convenience
Resolution No. 10-2627
Downey Planning Commission
to the public that utilizes T -mobile as it provides them with increased service. Accordingly,
staff feels that this finding can be adopted.
2. 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 subject site is in a fully developed area of the City, with no vacant properties in the
immediate area. Staff's opinion is that the proposed monopole will not prevent surrounding
properties from being developed further. Notwithstanding this, a common concern with the
construction of monopoles is the aesthetic impact they may have on surrounding properties
and the enjoyment of the properties thereof, particularly residential. To address this concern,
the applicant has designed the monopole as a pine tree (monopine). Staff believes that this
design will avoid any aesthetic impacts on the adjoining properties, thereby avoiding
adverse affects thereto. As such, staff feels that this finding can be adopted.
3. That 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 made up of two parcels totaling 50,200 square
feet (Parcel A: 25,300 square feet, Parcel B: 24,999 square feet). It is improved with a +/-
8,903 square foot industrial building and seven (7) parking spaces at the front of the
building. The proposed project will be located west of the existing building. The location of
the monopole, and all related equipment, will not reduce the amount of available parking or
conflict with driveway circulations. Thus, staff believes that the subject site has sufficient
shape and size to accommodate the proposed use and that this finding can be adopted.
4. That 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 (cellular monopole),
which typically only requires a single site visit once a month for maintenance. It is staff's
opinion that this is not a significant increase in vehicle trips and the adjoining streets have
sufficient capacity to absorb this de minimis amount of vehicles. As such, staff feels that the
proposed use will not impose an undue burden upon the streets and highways in the area
and 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 adopts a Negative
Declaration and approves Conditional Use Permit No. 09-45, 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 3rd day of Marcl, 2 1
Louis Morales, Chairman
City Planning Commission
Conditional Use Permit No. 09-45 — 9316 Washburn Avenue
March 3, 2010 - Page 2
Resolution No. 10-2627
Downey Planning Commission
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 3rd day of
March, 2010 by the following vote, to wit:
AYES: COMMISSIONERS: Lambros, Murray, Kiefer, Vasquez, Morales
NOES: COMMISSIONERS: None
Theresa Donahue, Secretary
City Planning Commission
Conditional Use Permit No. 09-45 — 9316 Washburn Avenue
March 3, 2010 - Page 3
Resolution No. 10-2627
- Downey-Plann ing-Commission
CONDITIONAL USE PERMIT NO. 09-45
EXHIBIT A - CONDITIONS
PLANNING
1) The approval of Conditional Use Permit No. 09-45 permits T -Mobile to install and
operate of a 38' tall cellular monopole that is stealthed as a 45' tall pine tree with a
maximum of 12 antennas (three sectors, four antennas per sector) and two grounded
mounted air conditioning units (screened from public view), and all other equipment to
be located on the 296 square foot leased area located on the 2nd floor of the existing
building.
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 for Conditional Use Permit 09-45 shall be complied with before
the Conditional Use Permit becomes valid.
5) There shall be no more than three (3) sectors with a maximum of four (4) antennas per
sector. The maximum height of the antennas shall not exceed a height of 38' above the
adjacent grade. This condition of approval shall not be interpreted to prohibit revisions to
this Conditional Use Permit to allow collocations on the monopine.
6) The canopy shall have a minimum branch density of 2.5 branches per foot. The base of
the canopy shall be no higher than 15' above the grade and shall extend 7' above the
top of the antennas.
7) The trunk of the monopine shall be wrapped in a material that resembles bark.
8) The antennas and their support structures shall be covered in a material to resemble
branches and pine needles.
9) The two (2) air conditioning units on the ground adjacent to east side of the monopole
shall be screened by the existing chain-link fence with slats. The chain-link fence with
slats shall be replaced whenever damaged, to maintain a solid screen from the public
right-of-way.
10) The property owner shall remove any graffiti within 72 hours of application.
11) All existing trees on the site shall remain.
Conditional Use Permit No. 09-45 — 9316 Washburn Avenue
March 3, 2010 - Page 4
Resolution No. 10-2627
Downey Planning Commission
BUILDING
12) All construction shall comply with the 2007 California Building Code and Title 24 of the
California Energy Code.
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 beginning operation of the site.
PUBLIC WORKS
14) The applicant shall install all new utilities associated with this project underground.
15) Utility plans shall be submitted to and approved by the Department of Public Works prior
to the issuance of the grading plan permit.
16) All areas within the scope of work of this project shall comply with the National Pollutant
Discharge Elimination System (NPDES) requirements of the Federal Clean Water Act;
the General Construction Activities Stormwater Permit (GCASP) of the State, the
Stormwater Quality Management Plan (SQMP) of the Los Angeles County Department
of Public Works, and Ordinance 1142 of the Downey Municipal Code.
17) Prior to final of building permits, the 'applicant shall remove all construction graffiti
created as part of this project from the public right of way and on the subject site.
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Conditional Use Permit No. 09-45 — 9316 Washburn Avenue
March 3, 2010 - Page 5