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Home My WebLink AboutPC Reso 11-2717RESOLUTION NO. 11-2717 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY ADOPTING A NEGATIVE DECLARATION AND APPROVING PLN -11-00088 (CONDITIONAL USE PERMIT), ALLOWING THE INSTALLATION, MAINTENANCE, AND OPERATION OF A NEW WIRELESS TELECOMMUNICATION FACILITY (9 ANTENNAE) ON AN EXISTING SOUTHERN CALIFORNIA EDISON (SCE) HIGH VOLTAGE TRANSMISSION TOWER, AND THE INSTALLATION OF SIX (6) NEW EQUIPMENT CABINETS BENEATH THE TOWER ON PROPERTY LOCATED AT 10901 FLORENCE AVENUE, 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. On March 31, 2011, the applicant submitted an application for PLN -11-00088 (Conditional Use Permit), requesting to construct a new wireless telecommunication facility (9 antennae) on an existing SCE high voltage transmission tower, and the installation of six (6) new equipment cabinets beneath the tower on property located at 10901 Florence Avenue, zoned C-2 (General Commercial); and, B. On April 29 2011, staff deemed the application, thus allowing it to be scheduled for public hearing; and, C. On May 20, 2011, 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. 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 Ma y 19, 2011; and, D. The Planning Commission held a duly noticed public hearing on June 15, 2011 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 Resolution No. 11-2717 Downey Planning Commission 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. The proposed tower - mounted antennae will not prevent surrounding properties from being developed further. Aesthetic impact is a common concern with the construction of wireless facilities and the 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 facility as part of the SCE high voltage tower. 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 triangular-shaped, 47,000 sq. ft. lot that is located on the north side of Florence Avenue, just west of the Interstate 605 freeway. The site is currently improved with a high voltage transmission tower. The location of the antennae and all related equipment will not reduce the amount of available parking or conflict with on-site circulation. 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 only once a month for maintenance. It is staff's opinion that 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 PLN -11-00088 (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. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 15th of June, 2011. Robert Kiefer, Chairman City Planning Commission (PLN) -11-00088 (Conditional Use Permit) — 10901 Florence Ave. June 15, 2011 - Page 2 Resolution No. 11-2717 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 15th day of June, 2011 by the following vote, to wit: AYES: COMMISSIONERS: Lujan, Morales, Murray, Kiefer NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Garcia Theresa Donahue, Secretary City Planning Commission (PLN) -11-00086 (conditional UsekPermit) — 10901 Florence Ave. June 15, 2011 - Page 3 Resolution No. 11-2717 Downey Planning Commission EXHIBIT A — CONDITIONS OF APPROVAL PLN -11-00088 (CONDITIONAL USE PERMIT) PLANNING 1) The approval of PLN -11-00088 (Conditional Use Permit), allows for the installation, maintenance, and operation of a new wireless telecommunication facility (9 antennae) on an existing Southern California Edison (SCE) high voltage transmission tower, and the installation of six (6) new equipment cabinets beneath the tower behind a wrought iron fence, on property located at 10901 Florence Avenue, zoned C-2 (General Commercial). 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 -11-00088 (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 four (3) antenna per sector. 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 antennae color shall match the existing SCE tower. 7) The proposed equipment enclosure shall be screened from view with a block wall. 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. BUILDING 9) All construction shall comply with the 2010 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. FIRE 11) The applicant shall provide a Hazardous Materials Disclosure to the satisfaction of the Fire Department. 12) The applicant shall provide a Knox key access and/or box to the satisfaction of the Fire Department. H:\Community Development\Planning Commission\Resolutions\201 1 \1 1-2717.doc (PLN) -11-00088 (Conditional Use Permit) — 10901 Florence Ave. June 15, 2011 - Page 4