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Home My WebLink AboutPC Reso 10-2681RESOLUTION NO. 10-2681 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING PLN 10-08032 (CONDITIONAL USE PERMIT), FOR A NEW 38 -FOOT TALL WITH A 5 -FOOT BRANCH EXTENSION, FREESTANDING WIRELESS TELECOMMUNICATION FACILITY DISGUISED AS A MONO -PINE CONSISTING OF SIX (6) PANEL ANTENNAS, SIX (6) MICROWAVE ANTENNAS, AND ONE (1) EQUIPMENT CABINET BEHIND A NEW FENCE, LOCATED AT 12302 BELLFLOWER BOULEVARD, ZONED M-2 (GENERAL MANUFACTURING). 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 PLN 10-08032 (Conditional Use Permit) — A request to construct , operate and maintain a new 35 -foot tall, freestanding wireless telecommunication facility disguised as a mono -pine consisting of six (6) panel antennas, one (1) GPS antenna, six (6) microwave antennas, and one (1) equipment cabinet behind a new fence, located at 12302 Bellflower Boulevard, zoned M-2 (General Manufacturing); and, B. On August 11, 2010, staff deemed the application for PLN 10-08032 (Conditional Use Permit) complete, thus allowing it to be scheduled for public hearing; and, C. On October 7, 2010, notice of the pending public hearing was published in the Downey Patriot. On October 8, 2010, notice was sent to all property owners within 500' of the subject site. 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 October 13, 2010; and, D. The Planning Commission held a duly noticed public hearing on November 3, 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: 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 Resolution No. 10-2681 Downey Planning Commission convenience to the public that utilizes Cleawire, 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. 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 and surrounding landscape. Staff believes that 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 property is a rectangular -shaped lot with approximately 82,500 sq. ft. of lot area, a width of approximately 250 feet along Bellflower Boulevard and a depth of approximately 330 feet. The site is currently improved with four buildings measuring a total of 81,520 sq. ft. (Public Storage). The location of the antennas and all related equipment will not reduce the amount of available parking or conflict with on-site circulation. 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 only 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. - 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 10-08032 (CUP), 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 3`d day of Loang Morales, Cpairman- City Planning Cfmmission PLN 10-08032 —12302 Bellflower Blvd. November 3, 2010 - Page 2 Resolution No. 10-2681 Downey 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 3`d day of November, 2010 by the following vote, to wit: AYES: COMMISSIONERS: Lambros, Kiefer, Morales NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Murray, Vasquez A 6 t Elba- 6 5 � Iat/-<-C- Theresa Donahue, Secretary City Planning Commission PLN 10-08032 —12302 Bellflower Blvd. November 3, 2010 - Page 3 Resolution No. 10-2081 Downey Planning Commission PLN 10-08032 (CONDITIONAL USE PERMIT) EXHIBIT A - CONDITIONS PLANNING 1) The approval of PLN 10-08032 (Conditional Use Permit) permits Clearwire to construct, operate, and maintain a new 38 -foot tall, freestanding wireless telecommunication facility disguised as a mono -pine consisting of six (6) panel antennas, one (1) GPS antenna, six (6) microwave antennas, and one (1) ground -mounted equipment cabinet behind a new fence. The mono -pine includes a 5 -foot "tree branch" extension to allow for further stealthing of the telecommunication antennas which brings the mono -pine's height to a total of 43 -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 PLN 10-08032 (Conditional Use Permit) 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 two (2) panel antennas and two (2) microwave antennas per sector (six (6) total for each antenna type). The maximum height of the antennas shall not exceed a height of 35 -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 proposed equipment enclosure constructed of block and shall be stuccoed to match the existing buildings. 7) 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. 8) The owner shall remove any graffiti within 72 hours of application. BUILDING 9) All construction shall comply with the 2007 California Building Code and Title 24 of the California Energy Code. 10) 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. 11) The applicant shall obtain a new address as assigned by the -Building and Safety Division. 12) The applicant shall obtain a business license for the proposed cellular tower. PLN 10-08032 — 12302 Bellflower Blvd. November 3, 2010 - Page 4 Resolution No. 10-2681 Downey Planning Commission PUBLIC WORKS 13) The owner/applicant shall install all utilities underground. 14) 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. 15) 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. 16) 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 to Certify and append Public Works standard to all construction and grading plans as required by the LACoDPW Stormwater Quality Management Plan (SQMP). 17) 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 18) The applicant shall provide a Hazardous Materials Disclosure to the satisfaction of the Fire Department. 19) The applicant shall provide a Knox key access and/or box to the satisfaction of the Fire Department. PLN 10-08032 — 12302 Bellflower Blvd. November 3, 2010 - Page 5