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Home My WebLink AboutPC Reso 10-2657RESOLUTION NO. 10- 2657 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING PLN -10-08030 (CONDITIONAL USE PERMIT) - A REQUEST TO INSTALL A NEW WIRELESS COMMUNICATIONS FACILITY CONSISTING OF THREE (3) PANEL ANTENNAS, THREE (3) MICROWAVE ANTENNAS, ONE (1) GPS ANTENNA AND ONE (1) EQUIPMENT CABINET ON THE ROOF OF THE BUILDING AT 9637 LAKEWOOD BOULEVARD, ZONED C-2 (GENERAL COMMERCIAL) AND P -B (PARKING BUFFER) 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 June 24, 2010, Mr. Roger Spencer (hereinafter "Applicant") filed a Planning Application to request approval of a conditional use permit (PLN Case No. 10- 08030) for a wireless communications facility consisting of three (3) panel antennas, three (3) microwave antennas, one (1) gps antenna and one (1) equipment cabinet on the roof of the building at 9637 Lakewood Boulevard (hereinafter "subject property'). B. The easterly 120 feet of the subject property is zoned C-2 (General Commercial), while the westerly 53 feet is zoned P -B (Parking Buffer). C. _ The General Plan designation of the subject property is O (Office). D. On August 20, 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 September 1, 2010, and, after fully considering all oral and written testimony, facts, and opinions offered at the aforesaid public hearing, adopted Resolution No. 10-2657, approving PLN 10-08030. 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 comply with the Califomia 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, pursuant with Section 9824 of the Downey Municipal Code, 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. Resolution No. 10-2657 Downey Planning Commission 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 applicant is proposing to locate a wireless communications facility on the roof of the existing building on the subject site. The proposed antennas will be effectively screened from view. They will not adversely affect the single-family homes to the west, or the office buildings that border the north and south sides of the building. Installation of the antenna panels will not prevent surrounding properties from further being developed. 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 covers approximately 19,330 square feet of land. It is developed with the existing office building, off-street parking facilities and landscaping. The proposed wireless communications facilities will locate on the roof or side elevation of the building. 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 requires a single site visit once a month for maintenance. The Downey General Plan identifies Lakewood Boulevard as a major arterial; therefore, it is has sufficient capacity to absorb any additional traffic the requested use may create. . SECTION 4._ Pursuant with Section.9426 of the Code, staff also finds that all of the proposed antenna are located on the roof and or the side of the building and are integrated into the building's design, the antennas are placed below the existing parapet, and that the proposed antenna screens will match the colors, finish materials and the existing building accents. Staff proposed a conditions of approval to address the screen on the West Elevation that does not match the architectural design of the building effectively. SECTION 5. Based upon the findings set forth in Sections 1 through 4 of this Resolution, the Planning Commission cif the City of Downey hereby approves PLN -10-08030 (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. PLN 10-08030 9637 Lakewood Boulevard September 1, 2010 - Page 2 Resolution No. 10-2657 Downey Planning Commission PASSED, APPROVED AND ADOPTED this 1ST day of y pte ber 2010. Louis Mor es, Chairman City Planhing 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 1st day of September 2010, by the following vote, to wit: AYES: Commissioners: Lambros, Kiefer, NOES: Commissioner: None ABSTAIN: Commissioners: Murray PLN 10-08030 9637 Lakewood Boulevard September 1, 2010 - Page 3 Vasquez, Morales f Theresa Donahue, Secretary City Planning Commission Resolution No. 10-2657 Downey Planning Commission PLN -10-08030 (CONDITIONAL USE PERMIT) EXHIBIT A - CONDITIONS PLANNING 1) The approval of PLN -10-08030 (CUP) permits Clearwire Communications to install a wireless communications facility consisting of three (3) panel antennas, three (3) microwave antennas, one (1) gps antenna and one (1) equipment cabinet on the roof of the building at 9637 Lakewood Boulevard, 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 antenna and equipment enclosures and FRP screens shall be treated and painted to match the existing building. 3) The Applicants shall obtain a separate building address from the Downey Building and Safety Department for the wireless communications facility. 4) All proposed roof -mounted antennas and equipment shall be screened from view. 5) The property owner shall screen the existing roof -mounted mechanical equipment. 6) The proposed FRP screen atop the west elevation of the subject building shall not exIcend more than thirty inches (30") beyond the face of the wall. This FRP screen shall measure not more than five feet (5') from top to bottom and it shall match the architectural style of the building. 7) 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. 8) 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. 9) All conditions of PLN -10-08030 (Conditional Use Permit) shall be complied with before this conditional use permit becomes valid. 10) The owner/applicant shall incorporate a copy of this Resolution No. 10-2657 (including Exhibit A — Conditions), into the approved set of building plans. FIRE 11) The applicant/owner shall install a Knox® Rapid Entry System for the project. 12) The applicant shall submit a Hazardous Material disclosure. PLN 10-08030 9637 Lakewood Boulevard September 1, 2010 - Page 4 Resolution No. 10-2657 Downey Planning Commission 13) The Applicant shall obtain a City of Downey business license. PUBLIC WORKS/ENGINEERING 14) The owner/applicant shall install all utilities underground. 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) The owner/applicant shall obtain all necessary plan approvals and permits and shall provide that the standards of improvements, construction materials, and methods of construction 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. 17) During construction, 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 by the LACoDPW Stormwater Quality Management Plan (SQMP). 18) The owner/applicant shall provide that all construction graffiti created as part of this project in the public right of way to be removed. H:\PLANNING\RESOS\PC\2010\10-2657.doc PLN 10-08030 9637 Lakewood Boulevard September 1, 2010 - Page 5