HomeMy WebLinkAboutPC Reso 10-2644RESOLUTION NO. 10-2644
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY ADOPTING
A NEGATIVE DECLARATION AND APPROVING CONDITIONAL USE PERMIT NO. 09-93 —
TO CONSTRUCT A NEW CELLULAR TOWER WITH THREE (3) ANTENNAS STEALTHED
AS A 24 -INCH DIAMETER, 38 -FOOT HIGH CROSS, FOUR (4) EQUIPMENT CABINETS AND
ONE (1) GPS ANTENNA BEHIND A SEVEN FOOT -HIGH BLOCK WALL ENCLOSURE ON
PROPERTY LOCATED AT 9001 PARAMOUNT BOULEVARD, ZONED R-1, 7,5000 (SINGLE-
FAMILY RESIDENTIAL).
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 December 17, 2009, the applicant submitted an application for Conditional
Use Permit No. 09-93, requesting to construct a new cellular tower with three (3)
antennas stealthed as a 24 -inch diameter, 38 -foot high cross, four (4) equipment
cabinets and one (1) GPS antenna behind a seven foot -high block wall
enclosure. This application was subsequently deemed incomplete by staff due to
missing information.; and,
B. On May 25, 2010, staff deemed the application for Conditional Use Permit No.
09-93 complete, thus allowing it to be scheduled for public hearing; and,
C. On May 26, 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 26, 2010; and,
D. The Planning Commission held a duly noticed public hearing on June 16, 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:
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
to the public that utilizes T -mobile as it provides them with increased service.
Resolution No. 10-2644
Downey P_lanning.Cornmission
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. 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
wireless tower as a cross to match the architectural design and use of the subject site. Staff
believes that this design will avoid any aesthetic impacts on the adjoining properties, thereby
avoiding adverse affects thereto.
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 approximately 5.28 acres and is generally a rectangular shaped lot that is
located on the northwest corner of Paramount Boulevard and Gallatin Road. The site is
currently improved with a sanctuary building, three classroom buildings, an administration
building and a parking lot. The proposed wireless tower will be located in an existing
walkway that sits in an existing landscaped area between the worship center's parking lot
and buildings; approximately 132 feet from Paramount Boulevard. The location of the
wireless tower, and all related equipment, will not reduce the amount of available parking or
conflict with vehicular circulations.
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 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.
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. 09-93, 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 16th day of June, 2010.
k
Robert Kiefer, Vice -Chairman
City Planning Commission
Conditional Use Permit No. 09-93 — 9001 Paramount Boulevard
June 16, 2010 - Page 2
Resolution No. 10-2644
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 16th day of
June, 2010 by the following vote, to wit:
AYES: COMMISSIONERS: Murray, Lambros, Kiefer
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Vasquez, Morales
Theresa Donahue, Secretary
City Planning Commission
Conditional Use Permit No. 09-93 — 9001 Paramount Boulevard
June 16, 2010 - Page 3
Resolution No. 10-2644
Downey Planning Commission
CONDITIONAL USE PERMIT NO. 09-93
EXHIBIT A - CONDITIONS
PLANNING
1) The approval of Conditional Use Permit No. 09-93 permits T -Mobile to install and
operate a cellular tower with three (3) antennas (three sectors and one antenna per
sector) stealthed as a 24 -inch diameter, 38 -foot high cross with up and down lighting,
four (4) equipment cabinets and one (1) GPS antenna behind a seven foot -high block
wall enclosure.
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 09-93 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 one (1) antenna per
sector. The maximum height of the antennas shall not exceed a height of 38 -feet above
the adjacent finished grade. This condition of approval shall not be interpreted to prohibit
revisions to this Conditional Use Permit to allow collocations on the cellular tower.
6) The length of the cross' arms shall not exceed nine (9) feet wide each, plus 24 -inches of
base for a total length of 20 -feet.
7) The proposed equipment enclosure shall be screened with plant material to the
satisfaction of the Planning Division.
8) The owner/applicant is responsible for all lighting at the proposed cellular tower and
enclosure to conform to Downey Municipal Code standards for outdoor lighting per
Section 9520.06.
9) The owner shall remove any graffiti within 72 hours of application.
10) The owner/applicant shall maintain all existing trees on the site.
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.
Conditional Use Permit No. 09-93 — 9001 Paramount Boulevard
June 16, 2010 - Page 4
Resolution No. 10-2644
Downey Planning Commission
PUBLIC WORKS
13) 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.
14) The owner/applicant hereby consents to the annexation of the property into the Downey
City Lighting Maintenance District in accordance with Division 15 of the Streets and
Highways Code, and to incorporation or annexation into a new or existing Benefit
Assessment or Municipal Improvement District in accordance with Division 10 and
Division 12 of the Streets and Highways Code and/or Division 2 of the Government
Code of the State of California.
15) The owner/applicant shall install all utilities underground.
16) The owner/applicant shall show refuse/recycle enclosure specifications (location, size,
etc.).
17) 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.
18) The owner/applicant shall submit an engineered drainage plan and/or hydraulic
calculations and site drainage plan for the site (prepared and sealed by a registered civil
engineer in the State of California) for approval by the Engineering Division and Building
and Safety Division. The property shall not have less than one (1%) percent gradient on
any asphalt or non -paved surface, or less than one quarter (1/4%) percent gradient on
any concrete surface. Provide the following information on plans: topographic site
information, including elevations, dimensions/location of existing/proposed public
improvements adjacent to project (i.e. street, sidewalk, parkway and driveway widths,
catch basins, pedestrian ramps); the width and location of all existing and proposed
easements; the existing and proposed underground utility connections; the location,
depth and dimensions of potable water, and sanitary sewer lines.
19) The owner/applicant 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 Water Resources
Control Board; and Ordinance 1142 of the Downey Municipal Code (DMC).
Furthermore, the owner/applicant shall be required to Certify and append Public Works
standard "Attachment A" to all construction and grading plans as required by the
LACoDPW Stormwater Quality Management Plan (SQMP).
20) The owner/applicant shall provide that all construction graffiti created as part of this
project in the public right of way to be removed.
21) The owner/applicant provide Joint Pole Agreement or Letter of Authorization for point of
connection to existing power pole.
22) A separate permit and plans will be required for all proposed electrical connections
across Gallatin Road.
Conditional Use Permit No 09-93 — 9001 Paramount Boulevard
June 16, 2010 -Page 5
Resolution No. 10-2644
Downey Planning Commission
23) The owner/applicant shall provide a Hazardous Materials Disclosure to the satisfaction
of the Fire Department.
24) The owner/applicant shall provide a Knox key access and/or box to the satisfaction of
the Fire Department,
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Conditional Use Permit No. 09-93 — 9001 Paramount Boulevard
June 16, 2010 - Page 6