HomeMy WebLinkAboutPC Reso 10-2669RESOLUTION NO. 10-2669
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
ADOPTING A NEGATIVE DECLARATION AND APPROVING CONDITIONAL USE
PERMIT No. 10-13, A REQUEST TO CONSTRUCT A NEW FREESTANDING
WIRELESS TELECOMMUNICATIONS FACILITY STEALTHED AS A PINE TREE
(MONO -PINE) WITH A TOTAL OF 13 ANTENNAS (12 PANEL ANTENNAS AND ONE
PARABOLIC ANTENNA) AND SIX NEW GROUND MOUNTED EQUIPMENT
CABINETS ON PROPERTY LOCATED AT 7851 GARDENDALE STREET, ZONED R-
1 5,000 (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. On February 8, 2010, the applicant submitted an application for Conditional Use
Permit No. 09-93, requesting to construct a new freestanding wireless
telecommunications facility. This application was subsequently deemed
incomplete by staff due to missing information; and,
B. On August 4, 2010, staff deemed the application for Conditional Use Permit No.
10-13 complete, thus allowing it to be scheduled for public hearing; and,
C. On September 15, 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. Additionally, pursuant to the requirements of
CEQA, a Notice of Intent to adopt a Negative Declaration was filed with the Los
Angeles County Recorders office on September 15, 2010; 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 that after
preparing an Initial Study in compliance with the requirements of the California Environmental
Quality Act, which found that there would be no significant environmental impacts created by the
proposed Conditional Use Permit, a Negative Declaration was prepared. Based on its own
independent judgment that the facts stated in the initial study are true, the Planning Commission
hereby finds that the approval of the Conditional Use Permit will not have any potential negative
environmental impacts.
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:
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 staffs
opinion, will serve as a convenience to the public that utilizes T -mobile as it
Resolution No. 10-2669
Downey Planning Commission
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 he
located.
The subject site is in a fully developed area of the City. Staffs opinion is that the
proposed mono -pine will not prevent surrounding properties from being
developed further. Notwithstanding this, a common concern with the construction
of monopoles is the aesthetic impact they may have on surrounding properties
and the enjoyment of the properties thereof, particularly residential. To address
this concern, the applicant has designed the wireless tower as a pine tree, to
match the subject site's existing landscape. This design will avoid any aesthetic
impacts on the adjoining properties, thereby avoiding adverse affects thereto.
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, 13 acre lot that is located on the north
side of Gardendale Street, just west of Paramount Boulevard. The site is
currently improved with private school facilities, a parking lot, and athletic field.
The proposed wireless tower will be located in an athletic field. The location of
the wireless tower, and all related equipment, will not reduce the amount of
available parking or conflict with vehicular 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 is an unmanned wireless communications facility (cellular
mono -pine), which typically requires a single site visit once a month for
maintenance; 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 adopts a Negative
Declaration and approves Conditional Use Permit No. 10-13, 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 6'h of October, 20 10.
Louis orale Chairman
City Planning Commission
Conditional Use Permit No. 10-13 — 7851 Gardendale Street
October 6, 2010 - Page 2
Resolution No. 10-2669
Downey Planning Commission
I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adapted 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
r t-P.l 1 : "--f UiLf
Theresa Donahue, Secretary
City Planning Commission
Conditional Use Permit No. 10-13 — 7851 Gardendale Street
October 6, 2010 - Page 3
Resolution No. 10-2669.
Downey Planning Commission
CONDITIONAL USE PERMIT NO. 10-13
EXHIBIT A - CONDITIONS
PLANNING
1) The approval of Conditional Use Permit No. 10-13 permits T -Mobile to install and
operate a new 24 -inch diameter, 38 -foot freestanding mono-pine/wireless
telecommunication facility made up of 12 new panel antennas, one (1) parabolic antenna
and one (1) GPS antenna. Additionally, there are six (6) new ground mounted equipment
cabinets and one (1) trellis -mounted GPS antenna proposed to be screened by a new
block wall enclosure. The mono -pine includes a 7 -foot "tree branch" extension to allow
for further stealthing of the telecommunication antennas which brings the "tree's" height
to a total of 45 -feet.
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 09-93 shall be complied with before
the Conditional Use Permit becomes valid.
5) There shall be no more than three (3) sectors with a maximum of four (4) antenna per
sector. The maximum height of the antennas shall not exceed a height of 38 -feet above
the adjacent finished grade. This condition of approval shall not be interpreted to prohibit
revisions to this Conditional Use Permit to allow collocations on the cellular tower.
6) The finished mono -pine shall not exceed a height of 45 -feet to the top of the "tree
branches" from the adjacent finished grade.
7) The proposed equipment enclosure shall be screened with plant material to the
satisfaction of the Planning Division.
8) The owner/applicant is responsible for all lighting at the proposed cellular tower and
enclosure to conform to Downey Municipal Code standards for outdoor lighting per
Section 9520.06.
9) The owner shall remove any graffiti within 72 hours of application.
10) The owner/applicant shall maintain all existing trees on the site.
11) The applicant shall plant two (2) new live pine trees on-site so as to assist in the
stealthing of the proposed mono -pine.
BUILDING
12) All construction shall comply with the 2007 California Building Code and Title 24 of the
California Energy Code.
Conditional Use Permit No. 10-13 — 7851 Gardendale Street
October 6, 2010 - Page 4
Resolution No. 10-2669
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 owner/applicant shall provide that vehicular and pedestrian right of ingress and
egress to T -Mobile shall be relinquished and recorded with the Los Angeles County
Recorder, and a copy with the Engineering and Planning Divisions.
15) The owner/applicant shall install all utilities underground.
16) 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) The owner/applicant shall submit an engineered drainage plan and/or hydraulic
calculations and site drainage plan for the site (prepared and sealed by a registered civil
engineer in the State of California) for approval by the Engineering Division and Building
and Safety Division. The property shall not have less than one (1 %) percent gradient on
any asphalt or non -paved surface, or less than one quarter (1/4%) percent gradient on
any concrete surface. Provide the following information on plans: topographic site
information, including elevations, dimensions/location of existing/proposed public
improvements adjacent to project (i.e. street, sidewalk, parkway and driveway widths,
catch basins, pedestrian ramps); the width and location of all existing and proposed
easements; the existing and proposed underground utility connections; the location,
depth and dimensions of potable water, and sanitary sewer lines.
18) Broken, uneven, or sub -standard curb, gutter, sidewalk, driveway, disabled ramps and
pavement, shall be replaced to the satisfaction of the Public Works Department. Contact
the Public Works Inspection Office at (562) 904-7110 to have these areas identified prior
to initiating a grading plan. 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.
19) 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 to Certify and append Public Works
standard to all construction and grading plans as required by the LACoDPW Stormwater
Quality Management Plan (SQMP).
FIRE
20) The applicant shall provide a Hazardous Materials Disclosure to the satisfaction of the
Fire Department.
21) The applicant shall provide a Knox key access and/or box to the satisfaction of the Fire
Department.
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Conditional Use Permit No. 10-13 — 7851 Gardendale Street
October 6, 2010 - Page 5