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Home My WebLink AboutPC Reso 10-2640RESOLUTION NO. 10-2640 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING CONDITIONAL USE PERMIT NO. 98-19, REVISION A, TO MODIFY AN EXISTING WIRELESS TELECOMMUNICATION FACILITY BY ADDING THREE (3) PANEL ANTENNAS, THREE (3) MICROWAVE ANTENNAS, ONE (1) EQUIPMENT CABINET, AND ONE (1) GPS ANTENNA ON THE ROOF OF AN EXISTING CELLULAR TOWER, AND ONE (1) WALL MOUNTED METER ON PROPERTY LOCATED AT 8101 PIVOT STREET, ZONED M-2 (GENERAL MANUFACTURING). THE PLANNING COMMISSION OF THE CITY OF DOWNEY DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Planning Commission of the City of Downey does hereby find, determine and declare that: A. On June 17, 1998, the Planning Commission approved Conditional Use Permit 98-19 to permit a wireless communication cellular telephone antenna tower at 8101 Pivot Street. B On August 12, 1998, the Design Review Board approved Design Review Board Case No. 98-43 to approve the architecture and colors of said wireless communication cellular telephone antenna. C. An application was filed with the City Planning Division by Cortel for Sprint c/o Roger Spencer (hereinafter "Applicant") requesting approval of Conditional Use Permit No. 98-19, Revision A, requesting to modify an existing cellular tower by adding three (3) panel antennas, three (3) microwave antennas, one (1) equipment cabinet, and one (1) GPS antenna behind an existing parapet wall and one (1) wall mounted meter to be located on the exterior of the tower on property located at 8101 Pivot Street, zoned M-2 (General Manufacturing). (Assessor Parcel No. 6255-006-017) (hereinafter "Subject Property"). D On May 7, 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. E. The Planning Commission held a duly noticed public hearing on May 19, 2010 and after fully considering all oral and written testimony and facts and opinions offered at the aforesaid public hearing, adopted Resolution No. 10-2640 approving Conditional Use Permit No. 98-19, Revision A, to modify an existing cellular tower by adding three (3) panel antennas, three (3) microwave antennas, one (1) equipment cabinet, and one (1) GPS antenna behind an existing parapet wall and one (1) wall mounted meter to be located on the exterior of the tower on property located at 8101 Pivot Street, zoned M-2 (General Manufacturing). 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 hearing, the Planning Commission further finds, determines and declares that: Planning Commission Resolution No. 10-2640 The following findings must be made to approve a Conditional Use Permit (Downey Municipal Code Section 9824.06): 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 will serve as a convenience to the public that utilizes Sprint, 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 adjacent area. Installation of the antenna panels, microwave dishes, GPS antennae, equipment cabinet and wall meter will not prevent surrounding properties from being developed further. Moreover, in order to mitigate aesthetic impacts on surrounding properties, the proposed project is to be completed within the confines of a parapet wall and the existing tower. 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 39,640 square foot lot, located on the north side of Pivot Street. The subject site is improved with one 5,600 sq. ft. industrial use building built in 1949 and a previously approved 285 sq. ft. cellular tower built in 1999. The location of the antennas and all related equipment will not reduce the amount of available parking or conflict with vehicular movements on site. 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. This is not a significant increase in vehicle trips to the subject site and the adjoining streets have sufficient capacity to absorb this de minimis amount of vehicles. As such, the proposed use will not impose an undue burden upon the streets and highways in the area. 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. 98-19, Revision A, subject to conditions of approval attached hereto as Exhibit A. SECTION 5. The Secretary shall certify the adoption of this Resolution CUP No 98-19, Revision A — 8101 Pivot Street May 19, 2010 - Page 2 Planning Commission Resolution No. 10-2640 APPROVED AND ADOPTED this 19th day of May, 2010. Robert Kiefer, Vice -Chairman City Planning Commission I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Planning Commission of the City of Downey at a meeting held on the 19th day of May, 2010. AYES: COMMISSIONERS: Vasquez, Lambros, Murray, Kiefer ABSENT: COMMISSIONER: Morales c C 4_ LJ CC Theresa Donahue, Secretary City Planning Commission CUP No 98-19, Revision A — 8101 Pivot Street May 19, 2010 - Page 3 Planning Commission Resolution No. 10-2640 EXHIBIT A — CONDITIONS CONDITIONAL USE PERMIT No. 98-19, REVISION A PLANNING DIVISION 1. This approval is for Conditional Use Permit 98-19, Revision A, to modify an existing cellular tower by adding three (3) panel antennas, three (3) microwave antennas, one (1) equipment cabinet, and one (1) GPS antenna behind an existing parapet wall and one (1) wall mounted meter to be located on the exterior of the tower on property located at 8101 Pivot Street, zoned M-2 (General Manufacturing). 2. The Downey Planning Commission shall retain jurisdiction to amend or add conditions with public notice to assure compatibility with the purpose and intent of the Comprehensive Zoning Ordinance and to protect the public health, safety and general welfare. 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 98-19, Revision A shall be complied with before the Conditional Use Permit becomes valid. 5. The owner/applicant shall incorporate a copy of this Resolution No. 10-2640 (including Exhibit A — Conditions), into the approved set of building plans. 6. The owner/applicant shall remove any graffiti within 72 hours of application. 7 The owner/applicant shall paint the building to match the existing approved colors per Design Review Board No, 98-43. 8. The owner shall keep the property free of all stored motorized and non -motorized vehicles and/or recreational vehicles, as well as free of graffiti, trash and non -permitted uses. 9. The owner/applicant shall repair and maintain the existing chain-link, slatted fence and provide contact information to the City in order to effectuate this condition. 10. The owner/applicant shall replace any dead or withered existing landscape and shall include new landscape on the cellular tower site, to the satisfaction of the Planning Division. BUILDING 11. All construction shall comply with the 2007 California Building Code and Title 24 of the California Energy Code. 12. 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 13. 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 No, 98-19, Revision A — 8101 Pivot Street May 19, 2010 - Page 4 Planning Commission Resolution No. 10-2640 14. 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. 15. 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. 16. The applicant shall install all new utilities associated with this project underground. 17. Utility plans shall be submitted to and approved by the Department of Public Works prior to the issuance of the grading plan permit. 18. 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. 19. 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 20. The applicant shall provide a Hazardous Materials Business Plan for disclosure of lead -acid batteries. 21. 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:\PLANNING\RESOS\PC\2010\10-2640.doc CUP No 98-19, Revision A — 8101 Pivot Street May 19, 2010 - Page 5