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Home My WebLink AboutPC Reso 10-2651RESOLUTION NO. 10-2651 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING CONDITIONAL USE PERMIT NO. 09-87 - TO COLLOCATE THREE (3) ANTENNAS, THREE (3) MICROWAVE DISHES, AND RELOCATE THREE (3) OUT OF THE SIX (6) EXISTING ANTENNAS, BRINGING THE TOTAL NUMBER OF SPRINT ANTENNAS ON THE BUILDING TO 12, ON THE PROPERTY LOCATED AT 8060 FLORENCE AVENUE, ZONED C -P (PROFESSIONAL OFFICE). 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. 09-87, to collocate three (3) antennas, three (3) microwave dishes, one (1) GPS antenna, one (1) equipment cabinet, and relocate three (3) of six (6) existing antennas on the property located at 8060 Florence Avenue, and zoned C -P (Professional Offices) (hereinafter "subject property") (Assessor Identification No. 6251-030-020); B. On December 10, 2009, the applicant submitted an application for Conditional Use Permit No. 09-87, requesting to collocate (3) antennas, three (3) microwave dishes, and relocate three (3) of six (6) existing antennas, bringing the total number of Sprint antennas on the building back to 12. This application was subsequently deemed incomplete on January 7, 2010 due to missing information, and staff requested the applicant to redesign to stealth to microwave dishes. C. On July 7, 2010, staff deemed the application for Conditional Use Permit No. 09-87 complete, with a new design to stealth the microwave dishes, thus allowing it to be scheduled for public hearing. D. On July 9, 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. E. The Planning Commission held a duly noticed public hearing on July 21, 2010 and, after fully considering all oral and written testimony and facts and opinions offered at the aforesaid public hearing, adopted this resolution, approving Conditional Use Permit No. 09-87. 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. 10-2651 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: 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 will serve as a convenience to the public that utilizes Sprint as it provides them with increased service. 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. 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 to the existing building, and appear as an element of the building. The collocated antennas will be painted to match the building. In addition, the applicant proposed to stealth the microwave antennas by creating a boxed element, to match the building architectural elements. 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 totaling 15,776 square feet and located on the south west corner of Florence Avenue and Western Avenue. The location of the antennas and all related equipments will not reduce the amount of available parking or conflict with driveway circulations. Thus, the subject site has sufficient shape and size to accommodate the proposed use. 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 (3) antennas, three (3) microwave dishes and relocate three (3) of six (6) existing 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, the proposed use will not impose an undue burden upon the streets and highways in the area. 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. 09-87 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. CUP 09-87 — 8060 Florence Avenue July 21, 2010 - Page 2 Resolution No. 10-2651 Downey Planning Commission SECTION 5. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 21St day of July, 2010. Robert Kiefer, Vice -Chair am n City 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 21St day of July , 2010, by the following vote, to wit: AYES: COMMISSIONERS_ Vasquez, Murray, Kiefer NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Lambros, Morales Theresa Donahue, Secretary City Planning Commission CUP 09-87 — 6060 Florence Avenue July 21, 2010 - Page 3 Resolution No. 10-2651 Downey Planning Commission CONDITIONAL USE PERMIT NO. 09-87 EXHIBIT A - CONDITIONS PLANNING 1) The approval of Conditional Use Permit No. 09-87 permits Sprint to collocate and operate three (3) antennas, three (3) microwave dishes, one (1) GPS antenna, one (1) equipment cabinet, and relocate three (3) of six (6) existing antennas on the property located at 8060 Florence 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 09-87 shall be complied with before the Conditional Use Permit becomes valid. 5) After collocating, there shall be no more than a total of thirty (30) antennas on the building. Of the thirty (30) antennas, Sprint shall have no more than twelve (12) antennas. 6) The proposed one (1) equipment cabinet shall be located behind the existing parapet, screened from public view, where the existing three (3) Sprint equipments are located. 7) The owner/applicant shall incorporate a copy of this Resolution No. 10-2651 (including Exhibit A — Conditions), into the approved set of building plans. 8) The property owner shall remove any graffiti within 72 hours of application. 9) All conditions of Conditional Use Permit No. 09-87 shall be complied with before this conditional use permit becomes valid. 10) Within 30 -days of the adoption of this Resolution, the applicant shall submit a digital copy (in .pdf format) of all the "stamped" approved plans for the project. Digital copy shall be submitted on a CD, which shall be labeled with the property address and planning project number. 11) No generator shall be stored on site. In the event of an emergency, a temporary generator may be brought on site to ensure the continual operation of the cellular facility; however, prior to locating a temporary generator on the site, the applicant shall obtain a permit from the City of Downey. Prior to issuance of the permit for the temporary generator, the City shall review the location of the generator to minimize adverse impacts to the neighboring properties and occupants of the building. CUP 09-87 — 8060 Florence Avenue July 21, 2010 - Page 4 Resolution No. 10-2651 Downey Planning Commission 12) 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 9828 of the Downey Municipal Code. BUILDING 13) All construction shall comply with the 2007 California Building Code and Title 24 of the California Energy Code. 14) 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 15) 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. 16) 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. 17) If applicable, the applicant shall install all new utilities associated with this project underground. FIRE DEPARTMENT 18) Prior to the issuance of building permits, the applicant shall provide a Hazardous Materials Business Plan for disclosure of lead -acid batteries. 19) Prior to permit final, the applicant shall 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. H:\PLANNING\RESOS\PC\2010\10-2651.doc CUP 09-87 — 8060 Florence Avenue July 21, 2010 - Page 5