HomeMy WebLinkAboutPC Reso 10-2656RESOLUTION NO. 10-2656
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING PLN -10-08031 (CONDITIONAL USE PERMIT), A REQUEST BY
CLEARWIRE COMMUNICATIONS TO INSTALL THREE (3) WIRELESS ANTENNAS
AND THREE (3) DISH ANTENNAS AT A HEIGHT OF 61 FEET TO THE EXISTING 141 -
FOOT HIGH SOUTHERN CALIFORNIA EDISON HIGH TENSION TOWER ON
PROPERTY AT 10046 IMPERIAL HWY, ZONED R-1 (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. An application was filed by Roger Spencer (hereinafter "applicant") requesting
approval of a PLN -10-08031 (Conditional Use Permit), to install three (3) wireless
antenna panels and three (3) dish antennas at a height of 61 feet to the existing
141 -foot high Southern California Edison high tension tower on property at 10046
Imperial Hwy, and zoned R-1 (Single -Family Residential) (hereinafter "subject
property') (Assessor Identification No. 6283-024-801);
B. On August 6, 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
C. The Planning Commission held a duly noticed public hearing on August 18, 2010
and, after fully considering all oral and written testimony and facts and opinions
offered at the aforesaid public hearing, adopted Resolution No. 10-2.656,
approving PLN -1 0-08031 (Conditional Use Permit).
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).
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:
A. 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." Approving this project will help achieve this
policy by increasing the capacity of the existing communications network.
B. 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 improved with several Southern California Edison high tension
towers. It is zoned R1-5,000 (Single -Family Residential) with multiple -family
residential land uses to the west and similarly zoned properties with Edison
towers to the north and south. Installation of the antenna panels will not prevent
surrounding properties from further being developed. Moreover, in order to
mitigate aesthetic impacts on surrounding properties, all new antennas will be
painted to match existing Edison high tension tower structure.
Resolution No. 10-2656
Downey Planning Commission
C. 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 narrow, deep shaped lot that is improved
with Edison high tension towers and open space area. The proposed project will
be located within the existing 141 -foot high tower structure. The location of the
antennas, and all related equipment, will not interfere with the use of the property.
Thus, the site has sufficient shape and size to accommodate the proposed
project.
D. 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 single site visit
once a month for maintenance. The adjoining street (Imperial Highway frontage)
has sufficient capacity to absorb any additional traffic the requested use may
create.
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 PLN -10-08031
(Conditional Use Permit), 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.
SECTION 6. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 18th day of August, 2010.
Lcauis Morales, Chairman
,,pity 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 18th day of
August, 2010, by the following vote, to wit:
AYES: COMMISSIONERS: Murray, Kiefer, Vasquez, Lambros, Morales
NOES: COMMISSIONERS: None
Theresa Donahue, Secretary
City Planning Commission
PLN -10-08031 (CUP)— 10046 Imperial Hwy
August 18, 2010 - Page 2
Resolution No. 10-2656
Downey Planning Commission
PLN -10-08031 (CONDITIONAL USE PERMIT)
EXHIBIT A - CONDITIONS
PLANNING
1) The approval of PLN -10-08031 (CUP), permits Clearwire Communications to install three
(3) antennas and three (3) dish antennas at a height of 61 feet, all located within the
existing 141 -foot high California Edison high tension tower and an equipment cabinet to
be located on the ground at 10046 Imperial Highway, 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) All proposed wireless, dish antennas, and equipment enclosure shall be painted to match
the existing California Edison high tension tower.
3) All antennas and microwave dishes shall not extend above the Edison tower structure.
4) Approval of this PLN -10-08031 (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.
5) 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.
6) All conditions of PLN -10-08031 (Conditional Use Permit) shall be complied with before
this conditional use permit becomes valid.
7) The owner/applicant shall incorporate a copy of this Resolution No. 10-2656 (including
Exhibit A — Conditions), into the approved set of building plans.
PUBLIC WORKS/ENGINEERING
8) 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.
9) 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.
10) The owner/applicant shall provide that all construction graffiti created as part of this
project in the public right of way to be removed.
FIRE
11) The applicantlowner shall install a Knox® Rapid Entry System for the project.
H:\PLAN N IN G\RESOS\PC\2010\10-2656.doc
PLN -10-08031 (CUP) — 10046 Imperial Hwy
August 18, 2010 - Page 3