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Home My WebLink AboutPC Reso 10-2676RESOLUTION NO. 10-2676 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING PLN -10-08050 (CONDITIONAL USE PERMIT), A REQUEST BY CLEARWIRE COMMUNICATIONS TO INSTALL SIX (6) WIRELESS ANTENNAS AND THREE (3) DISH ANTENNAS AT A HEIGHT OF 44 FEET TO THE EXISTING 60 -FOOT HIGH MONOPOLE ON PROPERTY AT 7924 FIRESTONE BLVD, ZONED C-2 (GENERAL COMMERCIAL) 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 Chip Clustka (hereinafter "applicant") requesting approval of a PLN -10-08050 (Conditional Use Permit), to install six (6) wireless antenna panels and three (3) dish antennas at a height of 44 feet to the existing 60 -foot high monopole on property at 7924 Firestone Blvd, and zoned C-2 (General Commercial) (hereinafter "subject property") (Assessor Identification No. 6247-001-005); B. On October 7, 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 Downey Patriot; 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 Resolution No. 10-2676, approving PLN -10-08050. 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 three (3) single -story buildings that are occupied with automobile repair uses. It is zoned C-2 (General Commercial) with single-family residential land uses to the south and commercial zoned properties to the north east and west. 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 the existing monopole structure. Resolution No. 10-2676 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 an irregular, deep shaped lot that is improved with automobile repair shops. The proposed project will be located within the existing 60 -foot high tower structure and equipment enclosure. 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 adjoining street (Firestone Blvd 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 -10-08050 (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 20th day of October, 2010. 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 20th day of October, 2010, by the following vote, to wit: AYES: COMMISSIONERS: Murray, Kiefer, Vasquez, Lambros, Morales NOES: COMMISSIONERS: None Theresa Donahue, Secretary City Planning Commission PLN -10-08050 (CUP) — 7924 Firestone Blvd October 20, 2010 - Page 2 Resolution No. 10-2676 Downey Planning Commission PLN -10-08050 (CONDITIONAL USE PERMIT) EXHIBIT A - CONDITIONS PLANNING 1) The approval of PLN -10-08050 (Conditional Use Permit), for Clearwire Communications to install six (6) antennas and three (3) dish antennas on the existing 60 -foot high monopole. The proposed antennas shall be installed at a height of 44 feet above grade. This approval also allows an equipment cabinet to be located on the ground at 7924 Firestone Blvd, 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 of the Downey Planning Commission. 2) The antennas and the equipment enclosure shall be painted in Sky -Haze Blue or a similar color that matches the existing monopole. 3) All antennas and microwave dishes shall not extend above the existing monopole. 4) The Planning Commission's approval of PLN -10-08050 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 for Conditional Use Permit No. 92-95 (Resolution No. 1609) shall remain valid and in force. 7) The owner/applicant shall comply with all conditions of approval of PLN -10-08050 before this conditional use permit becomes valid. 8) The owner/applicant shall incorporate a copy of this Resolution No. 10-2676 (including Exhibit A — Conditions), into the approved set of building plans. PUBLIC WORKS/ENGINEERING 9) 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. 10) 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. 11) 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 12) The applicant/owner shall install a Knox® Rapid Entry System for the project. (END) H:\PLAN N I NG\RESOS\PC\2010\10-2676.doc PLN -10-08050 (CUP) — 7924 Firestone Blvd October 20, 2010 - Page 3