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Home My WebLink AboutPC Reso 10-2634RESOLUTION NO. 10-2634 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING CONDITIONAL USE PERMIT NO. 09-36, A REQUEST TO PERMIT A WIRELESS TELECOMMUNICATIONS FACILITY (T -MOBILE) FOR 11 ANTENNAS ( 4 ANTENNAS ON 2 SECTORS, AND 3 ANTENNAS ON 1 SECTOR) STEALTHED BY A PROPOSED 4'-8" TALL EXTENSION OF THE EXISTING TWO (2) TOWER ELEMENTS ON THE BUILDING 8140 TELEGRAPH ROAD, 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 Aimee Weeks (hereinafter "applicant") requesting approval of a Conditional Use Permit (CUP) No. 09-36 to install eleven (11) wireless antennas ( 4 antennas on 2 sectors, and 3 antennas on 1 sector) stealthed-by a proposed 4'-8" tall extension of the existing two (2) tower elements on the building at property at 8140 Telegraph Road, zoned C-2 (General Commercial) (hereinafter "subject property") (Assessor Identification No. 6367-009-035 & 036). This application was subsequently deemed incomplete by staff and returned to the applicant to redesign the proposed tower extensions to balance architecturally with the existing building; and, B. On March 18, 2010, staff deemed the application for Conditional Use Permit No. 09- 36 complete, thus allowing it to be scheduled for public hearing; and. C. On April 9, 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; and, D. The Planning Commission held a duly noticed public hearing on April 21, 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 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). 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 staffs opinion, will serve as a convenience to the public that utilizes T -mobile as it provides them with increased service. Accordingly, staff feels that this finding can be adopted. Resolution No. 10-2634 Downey ('fanning Commission 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 adjacent area. Installation of the antenna panels will not prevent surrounding properties from being developed further. Moreover, in order to mitigate aesthetic impacts on surrounding properties, the proposal has been designed to hide the antennas and its equipment cabinet within the proposed tower extensions on the existing building. 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 36,721.92 square feet (Parcel A: 21,750 square feet, Parcel B: 14,971.92 square feet) located on the south west corner of Paramount Boulevard and Telegraph Road. The subject site is improved with a +/- 5062 square foot Jack in the Box Restaurant, and a 684 square foot Chevron gas station with an ancillary car wash facility. The location of the antennas and all related equipments 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, which typically only requires a site visit once a month for maintenance. It is staffs 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 approves Conditional Use Permit No. 09-36, 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 21St day of April,,2010. 1, uis 96r6feis, Chairman City Planning Commission CUP 09-36 8140 Telegraph Road April 21, 2010 - Page 2 Resolution No. 10-2634 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 21 St day of April, 2010 by the following vote, to wit: AYES: COMMISSIONERS: Murray, Kiefer, Vasquez, Lambros, Morales NOES: COMMISSIONERS: None Theresa Donahue, Secretary City Planning Commission CUP 09-36 6140 Telegraph Road April 21, 2010 - Page 3 Resolution No. 10-2634 Downey Planning Commission CONDITIONAL USE PERMIT NO. 09-36 EXHIBIT A - CONDITIONS PLANNING 1) The approval of Conditional Use Permit No. 09-36 allows the applicant to install eleven (11) wireless antennas (4 antennas on 2 sectors, and 3 antennas on 1 sector) stealthed by a proposed 4'-8" tall extension of the existing two (2) tower elements on the building at property at 8140 Telegraph Road, zoned C-2 (General Commercial), 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) 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 09-36 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 on two (2) sectors, and three (3) antennas on one (1) sector. 6) The maximum height of the two towers shall be 34'-7" tall. 7) All equipments associated with the wireless communication facility shall be within the two towers and screened from public view. 8) The owner/applicant shall incorporate a copy of this Resolution No. 10-2634_(includi'ng Exhibit A — Conditions), into the approved set of building plans. 9) The property owner shall remove any graffiti within 72 hours of application. BUILDING 10) All construction shall comply with the 2007 California Building Code and Title 24 of the California Energy Code. 11) 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 12) 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. CUP 09-36 8140 Telegraph Road April 21, 2010 - Page 4 Resolution No. 10-2634 Downey Planning Commission 13) If applicable, the owner/applicant shall provide that vehicular and pedestrian right of ingress and egress to the site be recorded with the Los Angeles County Recorder, and a copy with the Engineering and Planning Divisions. 14) 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. 15) The applicant shall install all new utilities associated with this project underground. 16) Utility plans shall be submitted to and approved by the Department of Public Works prior to the issuance of the grading plan permit. 17) 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. 18) 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. FIRE DEPARTMENT 19) The applicant shall provide a Hazardous Materials Business Plan for disclosure of lead -acid batteries. 20) Provide contact information posted on the entry door to the battery storage room (i.e. Service Provider, Site Address, Site Number, 24 -hr contact number). H:\PLANNI NG\RESOS\PC\2010\10-2634.doc CUP 09-36 8140 Telegraph Road April 21, 2010 - Page 5