HomeMy WebLinkAboutPC Reso 10-2649RESOLUTION NO. 10-2649
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY APPROVING CONDITIONAL USE PERMIT NO. 91-157, REVISION
C - TO COLLOCATE THREE (3) ANTENNAS AND FIVE (5) MICROWAVE
DISHES (SPRINT)TO THE EXISTING WIRELESS TELECOMMUNICATIONS
FREESTANDING MONOPOLE, THEREBY BRINGING THE TOTAL NUMBER
OF ANTENNAS ON THE MONOPOLE TO 21, ON THE PROPERTY LOCATED
AT 12031 REGENTVIEW AVENUE, ZONED M-2 (GENERAL
MANUFACTURING).
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 Clearwire, represented by Roger Spencer (hereinafter
"applicant") requesting approval of Conditional Use Permit (CUP) No. 91-157, Revision C
to collocate three (3) panel antennas and five (5) microwave dish antennas (Sprint) to the
existing wireless telecommunications freestanding monopole, on property at 12031
Regentview Avenue, and zoned M-2 (General Manufacturing) (hereinafter "subject
property") (Assessor Identification No. 6284-027-012);
B. On February 4, 1992, the Planning Commission approved Conditional Use Permit No.
91-157 (Resolution No. 1537) to establish and operate an unmanned communications
facility through a 110' tall freestanding monopole with 12 panel antennas (three sectors,
four antennas per sector);
C. On October 6, 2004, the Planning Commission approved Conditional Use Permit No. 91-
157, Revision B (Resolution No. 1537-A) to collocate one (1) microwave dish antenna to
the existing freestanding monopole;
D. On March 8, 2010, the applicant submitted an application for Conditional Use Permit No.
91-157, Revision C, requesting to collocate a total of three (3) panel antennas and five
(5) microwave dishes on the existing monopole. This application was subsequently
deemed incomplete because the property owner did not sign the application.
E. On June 22, 2010, staff deemed the application for Conditional Use Permit No. 91-157,
Revision C complete, with a notarized letter of authorization from the property owner,
thus allowing it to be scheduled for public hearing;
F. On June 25, 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
G. The Planning Commission held a duly noticed public hearing on July 7, 2010 and, after
fully considering all oral and written testimony and facts and opinions offered at the
aforesaid public hearing, adopted Resolution No. 10-2649, approving Conditional Use
Permit No. 91-157, Revision C.
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).
Resolution No. 10-2649
Downey Planning Commission
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
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. 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
vicinity. 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 collocate below the existing antennas on the
existing monopole. 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 totaling +/-83,188 square feet and located on the
west side of Regentview Avenue. 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 will collocate three (3) panel antennas and five (5) microwave dish
antennas, 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. 91-
157, Revision C, 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.
CUP 91-157, Revision C — 12031 Regentview Avenue
July 7, 2010 - Page 2
Resolution No. 10-2649
Downey Planning Commission
SECTION 6. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 7th day of July, 2010. r
t
Louis Morales, Chairman
City Pla ring 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 7th day of July,
2010, by the following vote, to wit:
AYES: COMMISSIONERS: Kiefer, Lambros, Murray, Vasquez, Morales
NOES: COMMISSIONERS: None
AL&Wj-6 UkaAu-c—
Theresa Donahue, Secretary
City Planning Commission
CUP 91-157, Revision C — 12031 Regentview Avenue
July 7, 2010 - Page 3
Resolution No. 10-2643
Downey Planning Commission
CONDITIONAL USE PERMIT NO. 91-157, REVISION C
EXHIBIT A - CONDITIONS
PLANNING
1) The approval of Conditional Use Permit No. 91-157, Revision C permits Sprint to collocate
and operate three (3) panels antennas and five (5) microwave dishes on the existing
freestanding monopole on the property located at 12031 Regentview Avenue, 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 91-157, Revision C shall be complied
with before the Conditional Use Permit becomes valid.
5) After collocating, there shall be no more than a total of twenty-one (21) antennas.
6) The maximum height of the collocated antennas shall be 103 feet tall.
7) The proposed one (1) equipment cambinet shall be located within the area enclosed by the
existing chain link fence where the existing equipment are located.
8) The owner/applicant shall incorporate a copy of this Resolution No. 10-2649 (including
Exhibit A — Conditions), into the approved set of building plans.
9) The property owner shall remove any graffiti within 72 hours of application.
10) All other conditions for CUP -91-157 and CUP -91-157, Revision B, shall remain valid and in
force.
11) All conditions of Conditional Use Permit No. 91-157, Revision C shall be complied with
before this conditional use permit becomes valid.
BUILDING
12) All construction shall comply with the 2007 California Building Code and Title 24 of the
California Energy Code.
13) 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.
CUP 91-157, Revision C — 12031 Regentview Avenue
July 7, 2010 - Page 4
Resolution No. 10-2649
Downey Planning Commission
PUBLIC WORKS
14) 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.
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) If applicable, the applicant shall install all new utilities associated with this project
underground.
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.
FIRE DEPARTMENT
18) The applicant shall provide a Hazardous Materials Business Plan for disclosure of lead -acid
batteries.
19) Obtain a City of Downey business license.
20) Install a "knox box" for entry in case of emergency in a permitted location by the Fire
Department and note on the plans submitted for plan check.
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CUP 91-157, Revision C — 12031 Regentview Avenue
July 7, 2010 - Page 5