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Home My WebLink AboutPC Reso 10-2675RESOLUTION NO. 10-2675 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING PLN -10-08033 (CONDITIONAL USE PERMIT) — A REQUEST TO COLLOCATE THREE (3) NEW PANEL ANTENNAS, THREE (3) NEW MICROWAVE ANTENNAS, AND ONE (1) NEW EQUIPMENT CABINET SCREENED WITHIN AN EXISTING ROOFTOP PENTHOUSE OF A BUILDING LOCATED AT 9060 FIRESTONE BOULEVARD, ZONED S -P 91-2 (LAKEWOOD/FIRESTONE SPECIFIC PLAN 91-2). 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 25, 2010, the applicant submitted an application for Planning Commission adopt a resolution approving PLN -10-08033 (Conditional Use Permit) — A request to collocate three (3) new panel antennas, three (3) new microwave antennas, and one (1) new equipment cabinet screened within an existing rooftop penthouse of a building located at 9060 Firestone Boulevard, zoned S -P 91-2 (Lakewood/Firestone Specific Plan 91-2). This application was subsequently deemed complete by staff on August 12, 2010, allowing it to be scheduled for public hearing; and, B. 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 on October 7, 2010; and, C. The Planning Commission held a duly noticed public hearing on October 20, 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: 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 will serve as a convenience to the public that utilizes Clear Wireless, 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. Resolution No. 10-2675 Downey Planning Commission The subject site is in a fully developed area of the City. Installation of the antenna panels, microwave dishes, and equipment cabinets will not prevent surrounding properties from being developed further. Moreover, in order to mitigate aesthetic impacts on surrounding properties, the proposed project is to be completed within the confines of an existing rooftop penthouse. 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 property is a rectangular -shaped lot with approximately 39,200 sq. ft. of lot area, a width of approximately 130 feet along Firestone Boulevard and a depth of approximately 360 feet. The site is currently improved with a 39,910 sq. ft. retail clothing business (Fallas Paredes). The location of the antennas and all related equipment 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 is an unmanned wireless communications facility, 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 minimize 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 PLN- 10-08^33(Conditional 'Use Permi„t), subject t0 conditions Q 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. PLN 10-08033 (Conditional Use Permit) — 9060 Firestone Boulevard October 20, 2010 - Page 2 Resolution No. 10-2675 Downey Planning Commission SECTION 5. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 20th day of ,October, 2010. Lbdis 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 20th day of October, 2010 by the following vote, to wit: AYES: COMMISSIONERS: Murray, Kiefer, Vasquez, Lambros, Morales NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None Theresa Donahue, Secretary City Planning Commission PLN 10-08033 (Conditional Use Permit) — 9060 Firestone Boulevard October 20, 2010 - Page 3 Resolution No. 10-2675 Downey Planning Commission PLN -10-08033 (CONDITIONAL USE PERMIT) EXHIBIT A - CONDITIONS PLANNING 1) The approval of PLN -10-08033 (Conditional Use Permit) is to collocate three (3) new panel antennas, three (3) new microwave antennas, and one (1) new equipment cabinet screened within an existing rooftop penthouse of a building located at 9060 Firestone Boulevard, zoned S -P 91-2 (Lakewood/Firestone Specific Plan 91-2). 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 PLN -10-08033 (Conditional Use Permit) shall be complied with before the Conditional Use Permit becomes valid. 5) There shall be no more than three (3) new panel antennas, three (3) new microwave antennas, and one (1) new equipment cabinet. 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 owner shall remove any graffiti within 72 hours of application. BUILDING 7) All construction shall comply with the 2007 California Building Code and Title 24 of the California Energy Code.. 8) 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. 9) The applicant shall obtain a new address as assigned by the Building and Safety Division. PUBLIC WORKS 10) The owner/applicant hereby consents to the annexation of the property into the Downey City Lighting Maintenance District in accordance with Division 15 of the Streets and Highways Code, and to incorporation or annexation into a new or existing Benefit Assessment or Municipal Improvement District in accordance with Division 10 and Division 12 of the Streets and Highways Code and/or Division 2 of the Government Code of the State of California. 11) The owner/applicant shall install all utilities underground. PLN 10-08033 (Conditional Use Permit) — 9060 Firestone Boulevard October 20, 2010 - Page 4 Resolution No. 10-2675 Downey Planning Commission 12) 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. 13) 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. 14) 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 "Attachment A" to all construction and grading plans as required by the LACoDPW Stormwater Quality Management Plan (SQMP). 15) 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 16) The applicant shall provide a Hazardous Materials Disclosure to the satisfaction of the Fire Department. 17) The applicant shall provide a Knox key access and/or box to the satisfaction of the Fire Department. 18) The applicant shall acquire a City of Downey business license H:\PLANN I NG\RESOS\PC\201 0\1 0-2675.doc PLN 10-08033 (Conditional Use Permit) — 9060 Firestone Boulevard October 20, 2010 - Page 5