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HomeMy WebLinkAboutPC Reso 10-2642RESOLUTION NO. 10-2642 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY ADOPTING A NEGATIVE DECLARATION AND APPROVING CONDITIONAL USE PERMIT NO. 09-86 — TO CONSTRUCT AN 24 INCH DIAMETER, BY 38 FEET TALL CELLULAR MONOPOLE WITH 12 PANEL ANTENNAS (THREE SECTORS, FOUR ANTENNAS PER SECTOR) AND ONE PARABOLIC ANTENNA, STEALTHED AS A 45' TALL PINE TREE (MONOPINE) FOR T -MOBILE ON THE PROPERTY AT 11943 PARAMOUNT BOULEVARD, 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. December 4, 2009, the applicant submitted an application for Conditional Use Permit No. 09-86, requesting to construct by 38' tall cellular monopole with 12 panel antennas (three sectors, four antennas per sector) and one parabolic antenna, stealthed as a 45' tall palm tree- (monopalm).This application was subsequently deemed incomplete by staff due to missing information and because the Applicant redesigned the monopalm into a monopine on the project plans; and, B. On April 23, 2010, staff deemed the application for Conditional Use Permit No. 09-86 complete, thus allowing it to be scheduled for public hearing; and. C. On May 12 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 May 12, 2010; and, D. 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 this resolution, subject to conditions of approval (Exhibit A). SECTION 2. The Planning Commission further finds, determines and declares that after reviewing 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 Resolution No. 10-2642 Downey Planning Commission 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. 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. Staffs 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. In addition, the applicant proposes to plant one (1) pine tree within a proposed planter area. 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 square shaped lot approximately 21,000 square feet. It is a square shaped lot that is located on the northwest corner of Paramount Boulevard and Cole Street. The subject site is improved with an approximate 7,292 square foot commercial building and twenty-eight (28) parking spaces. 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 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 adopts a Negative Declaration and approves Conditional Use Permit No. 09-86, 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. Conditional Use Permit No. 09-86- 11943 Paramount Boulevard June 2, 2010 - Page 2 Resolution No. 10-2642 Downey Planning Commission SECTION 5. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 2"d day of June 010. f' ' Irouis Moraleg, Chairman City Planning Commission 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 fallowing vote, to wit: AYES: COMMISSIONERS: Kiefer, Vasquez, Lambros, Murray, Morales NOES: COMMISSIONERS: None kcakt Theresa Donahue, Secretary City Planning Commission Conditional Use Permit No. 09-86- 11943 Paramount Boulevard June 2, 2010 - Page 3 Resolution No. 10-2642 Downey Planning -Commission CONDITIONAL USE PERMIT NO. 09-86 EXHIBIT A - CONDITIONS PLANNING 1) The approval of Conditional Use Permit No. 09-86 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 panel antennas (three sectors, four antennas per sector) and 1 parabolic antenna, up to 4 related equipment cabinets. 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 09-86 shall be complied with before the Conditional Use Permit becomes valid. 5) The owner/applicant shall incorporate a copy of this Resolution No. 10-2642 (including Exhibit A — Conditions), into the approved set of building plans. 6) There shall be no more than three (3) sectors with a maximum of four (4) panel antennas per sector, and one (1) parabolic antenna. 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. 7) 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. 8) The trunk of the monopine shall be wrapped in a material that resembles bark. 9) The antennas and their support structures shall be covered in a material to resemble branches and pine needles. 10) The equipment cabinets shall be located west of the existing building. The equipment area shall be enclosed with a 7' tall decorative block wall with a solid metal gate. 11) The new block wall and gate shall be coated with an anti -graffiti coating. Furthermore, the property owner shall remove any graffiti within 72 hours of application. 12) The applicant shall construct a new trash enclosure with a roof cover and a new enclosure for the recycling bin. 13) All existing trees on the site shall remain. During construction the applicant shall take all necessary and reasonable steps, as determined by the Building Official, to ensure the trees on the property are not damaged during construction. Conditional Use Permit No. 09-86- 11943 Paramount Boulevard June 2, 2010 - Page 4 Resolution No. 10-2642 Downey Planning Commission 14) Prior to the issuance of the building permit final, the applicant shall plant one (1) live Canary Island Pine (Pinus canariensis), or similar subject to the approval of the City Planner. Said pine shall be planted just south of the monopine and within a proposed 296.71 square foot landscape planter. Additional live plant materials shall be planted in the proposed planter. The Canary Island Pine shall have a minimum height of 25' at time of planting. Should the Canary Island Pine grow to exceed a height of 40', the applicant is authorized to trim said tree in order to reduce the height back to 40'. 15) The applicant shall plant live plant materials in the existing planters along Paramount Boulevard and along Cole Street. 16) Prior to issuance of building permits, the applicant shall provide a landscape plan approval by the City Planner. 17) (Added) Noise generated from the equipments and antennas shall comply with Municipal Code Section 4600 et. seq. In any case, noise shall not exceed 65 dBA, as measured at the property line. Should any noise complaints be formally submitted to the Police Department/ Code Enforcement, the applicant/owner shall be responsible to hire a noise consultant to measure the dBA, and provide the evidence to the City Planner. BUILDING 18) All construction shall comply with the 2007 California Building Code and Title 24 of the California Energy Code. 19) 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 20) The applicant shall install all new utilities associated with this project underground. 21) Utility plans shall be submitted to and approved by the Department of Public Works prior to the issuance of the grading plan permit. 22) 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. 23) 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. 24) The owner/applicant shall provide that vehicular and pedestrian right of ingress and egress to T -Mobile shall be relinquished and recorded with the Los Angeles County Recorder, and a copy with the Engineering and Planning Divisions. Conditional Use Permit No. 09-86- 11943 Paramount Boulevard June 2, 2010 - Page 5 Resolution No. 10-2642 Downey Planning Commission 25) The owner/applicant shall dedicate (Irrevocable offer of dedication) ten feet (10') for right-of-way purposes along Cole Street property frontage to the standards of the City Engineering Division. H:\PLANNING\SHORI\CASES\CUP\09-86 Paramount Blvd. (freestanding wireless)\09-86 reso.doc Conditional Use Permit No. 09-86-11943 Paramount Boulevard June 2, 2010 - Page 6