HomeMy WebLinkAboutPC Reso 10-2650RESOLUTION NO. 10-2650
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING CONDITIONAL USE PERMIT NO. 10-20—TO PERMIT A WIRELESS
TELECOMMUNICATIONS FACILITY (T -MOBILE) WITH 16 PANEL ANTENNAS
STEALTH ED BY A PROPOSED TEN -FOOT TALL EXTENSION OF AN EXISTING
TOWER ELEMENT ON THE BUILDING LOCATED AT 13101 LAKEWOOD
BOULEVARD, ZONED C-2 (GENERAL 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 Aimee Weeks (hereinafter "applicant") requesting
approval of a Conditional Use Permit (CUP) No. 10-20 to install sixteen (16) panel
antennas stealthed by a proposed ten -foot tall extension of an existing tower
elements on the building at property at 13101 Lakewood Boulevard, zoned C-2
(General Commercial) (hereinafter "subject property") (Assessor Identification No.
6266-001-035). This application was subsequently deemed incomplete by staff and
returned to the applicant to redesign the proposed tower extension to balance
architecturally with the existing building and to incorporate a clock on the tower; and,
B. On June 2, 2010, staff deemed the application for Conditional Use Permit No. 10-20
complete, thus allowing it to be scheduled for public hearing; and,
C. 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,
D. 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 this resolution, subject to conditions of approval
(Exhibit 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).
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.
Resolution No. 10-2650
Downey Planning Commission
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 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 hide the antennas and its equipment cabinet within the
proposed tower extensions on the existing building. 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 +/-36,380 square feet and located on the
south west corner of Gardendale Street and Lakewood Boulevard. The subject site is improved
with a +/- 12,056 square foot commercial strip. The location of the antennas 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, which typically only
requires a 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. 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. 10-20,
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 7th day of July;,2010.
r`
L bis Mr Jes, Chairman
City Planning Commission
CUP 10-20 13101 Lakewood Boulevard
July 7, 2010 - Page 2
Resolution No. 10-2650
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 71" day of July,
2010 by the following vote, to wit:
AYES: COMMISSIONERS: Kiefer, Lambros, Murray, Vasquez, Morales
NOES_ COMMISSIONERS: None
Theresa Donahue, Secretary
City Planning Commission
CUP 10-20 13101 Lakewood Boulevard
July 7, 2010 - Page 3
Resolution No. 10-2650
Downey Planning Commission
CONDITIONAL USE PERMIT NO. 10-20
EXHIBIT A - CONDITIONS
PLANNING
1) The approval of Conditional Use Permit No. 10-20 allows the applicant to install sixteen (16)
wireless panel antennas stealthed by a proposed ten -foot tall extension of an existing tower
element on the building at property at 13101 Lakewood Boulevard, zoned C-2 (General
Commercial), 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 10-20 shall be complied with before the
Conditional Use Permit becomes valid.
5) There shall be no more than sixteen (16) panel antennas.
6) The maximum height of the clock tower shall be 40'-2" tall.
7) All equipment associated with the wireless communication facility shall be within the tower
and screened from public view, except for two (2) mechanical air conditioning units which will
be screened from view by the proposed parapet.
8) The owner/applicant shall incorporate a copy of this Resolution No. 10-2650 (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) The applicant/ owner shall paint the existing building to match the new tower extension.
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
CUP 10-20 13101 Lakewood Boulevard
July 7, 2010 - Page 4
Resolution No. 10-2650
Downey Planning Commission
Construction and as modified by the City of Downey's Standard Plans and Specifications.
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) 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.
18) 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.
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.
20) The applicant shall indicate the location of the on-site water mainline and easement along
Lakewood Boulevard on the plans during plan check.
FIRE DEPARTMENT
21) The applicant shall provide a Hazardous Materials Business Plan for disclosure of lead -acid
batteries.
22) 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).
23) Obtain a City of Downey business license.
24) 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.
25) Construction to the existing tower may require additional fire sprinkler coverage to be
installed and will be determined during plan check.
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CUP 10-20 13101 Lakewood Boulevard
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