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Home My WebLink AboutPC Reso 10-2689RESOLUTION NO. 10-2689 PLN 10-08025 (CONDITIONAL USE PERMIT) — A REQUEST TO INSTALL A NEW WIRELESS TELECOMMUNICATION FACILITY CONSISTING OF SIX (6) PANEL ANTENNAS WITHIN AN EXISTING CHURCH TOWER, AND RELATED GROUND -MOUNTED EQUIPMENT BEHIND A NEW BLOCK WALL AT 9520 TELEGRAPH ROAD (IGLESIA DEL NAZARENO), ZONED R-3 (MULTI -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 June 17, 2010, the applicant submitted an application for PLN 10-08025 (Conditional Use Permit) — a request to install a new wireless telecommunication facility consisting of six (6) panel antennas within an existing church tower, and related ground -mounted equipment behind a new block wall at 9520 Telegraph Road (Iglesia Del Nazareno) zoned R-37-( , MUlti-Family Residential); and, B. On July 23, 2010, staff deemed the application for PLN 10-08025 (Conditional Use Permit) incomplete due to the nonconformity of the church tower; and, C. On October 27, 2010, staff deemed the application for PLN 10-08025 (Conditional Use Permit) complete, thus allowing it to be scheduled for public hearing; and, D. On October 28, 2010, notice of the pending public hearing was published in the Downey Patriot. On October 29, 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 27, 2010; and, E. The Planning Commission held a duly noticed public hearing on November 17, 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 Resolution No. 10-2689 Downey Planning Commission 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 T -Mobile, 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. Staff's opinion is that the proposed wireless facility will not prevent surrounding properties from being developed further. Notwithstanding this, a common concern with the construction of wireless facilities 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 within the existing church tower and as such, will not alter the building's existing architectural style. 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 to4he particular area. The subject property is located on the south side of Telegraph Road, and is zoned R-3 (multi -family residential). The property is a L-shaped lot with an approximate area of 28,298.97 square feet, a frontage of 131.78 feet along Telegraph Road and,a depth of 150.07 feet long on Hasty Avenue and 192.99 feet along the easterly property line. It is currently developed with a church, multi- purpose room and parsonage. 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. 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 10-08032 (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 laccomplishment of these purposes. SECTION 5. The Secretary shall certify the adoption of this Resolution_ PLN 10-08025 — 9520 Telegraph Rd. November 17, 2010 - Page 2 Resolution No. 10-2689 Downey Planning Commission PASSED, APPROVED AND ADOPTED this 17th day of Nq.' m 201 Louis Morale , Chairman City Planni Commission I HEREBY CERTIFY that the foregoing is dtrue copy of 6 Resolution adopted by the Planning Commission of the City of Downey at a regular meeting thereof, held on the 17`h day of November, 2010 by the following vote, to wit: AYES: COMMISSIONERS: Vasquez, Lambros, Murray, Kiefer, Morales NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None Theresa Donahue, 'Secretary City Planning Commission PLN 10-08025 — 9520 Telegraph Rd. November 17, 2010 - Page 3 Resolution No. 10-2689 Downey Planning Commission PLN 10-080325 (CONDITIONAL USE PERMIT) EXHIBIT A - CONDITIONS PLANNING 1) The approval of PLN 10-08025 (Conditional Use Permit) permits T -Mobile to construct, operate, and maintain a new wireless telecommunication facility consisting of six (6) panel antennas within an existing church tower, and related ground -mounted equipment behind a new block wall. 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 10-08025 (Conditional Use Permit) shall be complied with before the Conditional Use Permit becomes valid. 5) There shall be no more than six (6) panel antennas. The maximum height of the antennas shall not exceed the existing tower height of 40 -feet. This condition of approval shall not be interpreted to prohibit revisions to this Conditional Use Permit to allow collocations. 6) 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. 7) The owner shall remove any graffiti within 72 hours of application. BUILDING 8) All construction shall comply with the 2007 California Building Code and Title 24 of the California Energy Code. 9) 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. 10) The applicant shall obtain a new address as assigned by the Building and Safety Division. 11) The applicant shall obtain a business license for the proposed cellular tower. PLN 10-08025 — 9520 Telegraph Rd. November 17, 2010 - Page 4 Resolution No. 10-2689 Downey Planning Commission PUBLIC WORKS 12) The owner/applicant shall install all utilities underground. 13) 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. 14) 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. 15) 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). 16) 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 17) The applicant shall provide a Hazardous Materials Disclosure to the satisfaction of the Fire Department. 18) The applicant shall provide a Knox key access and/or box to the satisfaction of the Fire Department. H:\PLANNING\RESOS\PC\2010\10-2689:doc PLN 10-08025 — 9520 Telegraph Rd. November 17, 2010 - Page 5