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Home My WebLink AboutPC Reso 10-2667RESOLUTION NO. 10-2667 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING A CONDITIONAL USE PERMIT (PLN -10-08004), THEREBY ALLOWING THE OPERATION OF A WIRELESS FACILITY WITH 12 ANTENNAS (3 SECTORS, 4 ANTENNAS PER SECTOR) WITHIN A CHURCH STEEPLE AT 10711 PARAMOUNT BLVD, 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. On June 9, 2010, the applicant submitted an application for a Conditional Use Permit, to allow the construction of a wireless communication facility at the subject site. After a review by staff, the application was deemed incomplete due to missing information on the project plans and the need to relocate the equipment cabinets. The applicant submitted the required information on August 25, 2010; and, B. On September 10, 2010, staff deemed the application for the Conditional Use Permit (PLN -10-08004) complete, thus allowing it to be scheduled for public hearing; and, C. On September 25, 2010, notice of the pending application was mailed to all property owners within 500' of the subject site and published in the Long Beach Press - Telegram; and, D. The Planning Commission held a duly noticed public hearing on October 6, 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). 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: 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, this approval will help achieve this policy by increasing the capacity of the communications network. Furthermore, the additional network coverage will serve as a convenience to the public that utilizes T -Mobile as it provides them with increased service. Resolution No. 10-2667 Downey Planning Commission 2. 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 few vacant properties in the immediate area. The proposed wireless communication facility will be located on top of an existing building, with exception of the equipment area, which is located on the subject site. Moreover, in order to prevent an aesthetic impact on surrounding properties and the enjoyment of said properties thereof, the wireless communications antennas will be enclosed within a new church steeple, while the equipment cabinets will be screened with a block wall. Inasmuch as the antennas and equipment are fully screened from view, there will be no adverse effects on the surrounding properties. 3. The size and shape of the site 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 proposed wireless communication facility will be located on top of an existing building, with exception of the equipment area, which is located on the north side of the subject site. Neither the wireless antennas, nor the equipment area, will encroach into the required setbacks of the site, and as such, the site has sufficient shape and size to accommodate the proposed that construction and operation of the facility. 4. 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 telecommunication facility, which typically only requires a single site visit once a month for maintenance. The adjoining streets have sufficient capacity to absorb this de minimis amount of vehicles. Therefore, 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 the Conditional Use Permit (PLN -10-08004), 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 Conditional Use Permit PLN -10-08004 — 10711 Paramount Blvd October 6, 2010 - Page 2 Resolution No. 10-2667 Downey Planning Commission SECTION 5. The Secretary shall certify the adoption of this Re PASSED, APPROVED AND ADOPTED this 6" day of October, A Louis Morales, Chairman 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 6th day of October, 2010, by the following vote, to wit: AYES: COMMISSIONERS: Kiefer, Vasquez, Lambros, Murray, Morales NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None Theresa Donahue, Secretary City Planning Commission Conditional Use Permit PLN -10-08004 — 10711 Paramount Blvd October 6, 2010 - Page 3 Resolution No. 10-2667 Downey Planning Commission CONDITIONAL USE PERMIT (PLN -10-08004) EXHIBIT A - CONDITIONS PLANNING 1) The approval of this Conditional Use Permit (PLN -10-08004) permits T -Mobile to construct a church steeple and operate of a 12 antennas (three sectors, four antennas per sector) within said steeple. Additionally, this Conditional Use Permit all related equipment cabinets on the north side of the building. 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 of this Conditional Use Permit shall be complied with before the it becomes valid. 5) There shall be no more than 12 antennas with three (3) sectors and a maximum of four (4) antennas per sector. The antennas shall be located within the proposed steeple and shall not be visible from the public right of way or adjoining property. 6) The maximum height of the steeple shall not exceed 54'-9". Additionally, the steeple shall be textured and painted to match the existing church. 7) The equipment area shall be located on the north side of the existing church. The equipment area shall be enclosed with a 7' tall block wall and a solid metal gate. No equipment cabinets shall be visible form outside the equipment area. 8) The equipment area shall not encroach into the required 10' setbacks on Paramount Blvd or on 6th St. Additionally, the equipment area shall not encroach into the intersection visibility triangle. 9) The blocks used to enclose the equipment area shall match the style, texture, and color of the existing blocks on the church. 10) The new block wall and gate shall be coated with an anti -graffiti coating. Furthermore, the property owner shall remove any graffiti within 72 hours of application. 11) The equipment tray from the antennas to the equipment area shall be located within the building and not mounted to the roof of the building. Conversely, the applicant may locate the cables below ground within the central courtyard of the church. BUILDING 12) All construction shall comply with the 2007 California Building Code and Title 24 of the California Energy Code. Conditional Use Permit PLN -10-08004 — 10711 Paramount Blvd October 6, 2010 - Page 4 Resolution No. 10-2667 Downey Planning Commission 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. PUBLIC WORKS 14) The applicant shall install all new utilities associated with this project underground. 15) 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. 16) 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. FIRE DEPARTMENT 17) Prior to the issuance of building permits, the applicant shall submit Hazardous Materials Disclosure Business Plan to the Fire Department for review and approval. 18) Prior to the final of building permits, the applicant shall obtain Knox Box from the Fire Department to provide emergency access to the equipment area. H:\PLANNING\RESOS\PC\2010\10-2667.doc Conditional Use Permit PLN -10-08004 — 10711 Paramount Blvd October 6, 2010 - Page 5