HomeMy WebLinkAboutPC Reso 10-2641RESOLUTION NO. 10-2641
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING CONDITIONAL USE PERMIT NO. 00-64 REVISION -A, A REQUEST BY
SPRINT TO INSTALL THREE (3) DISH ANTENNAS TO THE EXISTING 40 -FOOT
HIGH CLOCK TOWER, THEREBY INCREASING THE NUMBER OF WIRELESS
ANTENNAS FROM SIX TO NINE, ON PROPERTY AT 7375 STEWART & GRAY
ROAD, 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 Roger Spencer (hereinafter "applicant") requesting
approval of a Conditional Use Permit (CUP) No. 00-64 Rev -A, to replace three (3)
wireless antenna panels and add three (3) dish antennas on the existing 40 -foot
high mono -tower on property at 7375 Stewart & Gray Road, and zoned C-1
(Neighborhood Commercial) (hereinafter "subject property") (Assessor
Identification No. 6231-0278-028);
' B. On May 21, 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
C. The Planning Commission held a duly noticed public hearing on June 2, 2010
and, after fully considering all oral and written testimony and facts and opinions
offered at the aforesaid public hearing, adopted Resolution No. 10-2641,
approving Conditional Use Permit No. 00-64 Rev -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 antenna panels will not prevent surrounding
properties from further being developed. Moreover, in order to mitigate aesthetic
impacts on surrounding properties, the proposal has been designed to hide the
antennas behind the existing "clock" tower structure.
Resolution No. 10-2641
Downey Planning -Commission
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 retail building and an off-street parking lot. The proposed project
will be located within the existing 40 -foot high tower structure and within the
existing equipment enclosure on the roof of the building. The location of the
antennas, and all related equipment, 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 (Haro Avenue and Old
River School Road) 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 Conditional Use
Permit No. 00-64 Rev -A, 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. This Conditional Use Permit shall become null and void unless use has
commenced within one year of this approval and pursued diligently to completion or a one-year
extension of time granted by the Downey Planning Commission, pursuant to Section 9824 of the
Downey Municipal Code.
SECTION 6. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 2nd day of June .2010.
Louis Moral , Chairman
City
Plan g 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 2nd day of
June, 2010, by the following vote, to wit:
AYES: COMMISSIONERS: Kiefer, Vasquez, Lambros, Murray, Morales
NOES: COMMISSIONERS: None
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Theresa Donahue, Secretary
City Planning Commission
CUP 00-64 Rev -A — 7375 Stewart & Gray Rd
June 2, 2010 - Page 2
Resolution No. 10-2641
Downey Planning Commission
CONDITIONAL USE PERMIT NO. 00-64 REV -A
EXHIBIT A - CONDITIONS
PLANNING
1) The approval of Conditional Use Permit No. 00-64 Rev -A, permits Sprint/Nextel to
replace three (3) existing antennas and add three (3) dish antennas, all located within the
existing 40 -foot high clock tower and an equipment cabinet to be located on the rooftop
of an existing building at 7375 Stewart & Gray Road, 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 antennas and microwave dishes shall not extend above the tower structure.
3) 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.
4) 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.
5) All other conditions for Conditional Use Permit No. 00-64 and Design Review Board Nos.
01-37 & 02-26 shall remain valid and in force.
6) All conditions of Conditional Use Permit No: 00-64 Rev -A shall be complied with before
this conditional use permit becomes valid.
7) The owner/applicant shall incorporate a copy of this Resolution No. 10-2641 (including
Exhibit A — Conditions), into the approved set of building plans.
PUBLIC WORKS/ENGINEERING
8) 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.
9) 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.
10) The owner/applicant shall provide that all construction graffiti created as part of this
project in the public right of way to be removed.
11) If applicable, the owner/applicant shall install all utilities underground..
FIRE
12) The applicant/owner shall install a Knox® Rapid Entry System for the project.
H:\PLANNING\RESOS\PC\2010\10-2641.doc
CUP 00-64 Rev -A — 7375 Stewart & Gray Rd
June 2, 2010 - Page 3