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Home My WebLink AboutPC Reso 11-2718RESOLUTION NO. 11-2718 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING PLN -11-00069 (CONDITIONAL USE PERMIT), A REQUEST BY AT&T WIRELESS COMMUNICATIONS TO INSTALL TWELVE (12) ANTENNA PANELS AT A HEIGHT OF 47'-4" WITHIN AN EXISTING 61'-3" TALL CHURCH (ST. RAYMOND'S) BELL TOWER ON PROPERTY AT 12348 PARAMOUNT BOULEVARD, ZONED R-1 6,000 (SINGLE-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. An application was filed by Justin Robinson of AT&T Mobility Services, on behalf of St. Raymond Catholic Church (hereinafter "Applicant"), requesting approval of PLN -11-00069 (Conditional Use Permit), to install twelve (12) wireless antenna panels at a height of 47'-4" to the existing 61'-3" high bell tower on property at 12348 Paramount Boulevard; B. The subject site is zoned R1-5,000 (Single -Family Residential) and it is identified by the Los Angeles County Tax Assessor Office as A.I.N. 6259-011-050; C. On June 3, 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; 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 Resolution No. 11-2718, approving PLN -11-00069. 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 in a fully developed area of the City, with no vacant properties in the adjacent area. Installation of the antenna panels will not prevent surrounding properties from further being developed. Moreover, in order to mitigate aesthetic impacts on surrounding properties, the proposal has been designed to hide the antennas behind -the existing "bell" tower structure. Resolution No. 11-2718 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 shaped lot that is improved with Saint Raymond Church. The proposed project will be located within the existing 61'-3" high bell tower structure. 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 (Paramount Boulevard 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 -11-00069 (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 oftimegranted 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 15th day of June, 2011. Robert Kiefer, Chad man 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 15th day of June, 2011, by the following vote, to wit: AYES: COMMISSIONERS: Morales, Murray, Kiefer ABSTAIN: COMMISSIONER: Lujan NOES: COMMISSIONERS: None ABSENT: COhAMIS:SIONER: Garcia Theresa Donahue, Secretary City Planning Commission PLN -11-00069 (CUP) — 12348Paramount Blvd June 15, 2011 - Page 2 Resolution No. 11-2718 Downey Planning Commission PLN -11-00069 (CONDITIONAL USE PERMIT) EXHIBIT A - CONDITIONS PLANNING 1) The approval of PLN -11-00069 (Conditional Use Permit), allows for the installation of twelve (12) wireless antennas within an existing 61'-3" tall church bell tower. The proposed antennas shall be installed at a height of 47'-4° above grade. This approval also allows an equipment cabinet to be located on the ground at 12348 Paramount 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 owner/applicant shall paint the new equipment enclosure to match the existing church bell tower. 3) All antennas and/or microwave dishes shall not extend above the existing bell tower. 4) The Planning Commission's approval of PLN -11-00069 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 Zone Variance No. 98-15 shall remain valid and in force. 7) The owner/applicant shall comply with all conditions of approval of PLN -11-00069 before this conditional use permit becomes valid. 8) The owner/applicant shall incorporate a copy of this Resolution No. 11-2718 (including Exhibit A — Conditions), into the approved set of building plans. 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 interior improvements, the applicant shall obtain all required permits. Additionally, the applicant shall obtain all necessary inspections and permits final prior to beginning operation of the site. PUBLIC WORKSIEENGINEERING 11) 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. 12) If applicable, the applicant shall install all new utilities associated with this project underground. PLN -11-00069 (CUP) —123±48 --Paramount $Ivd June 15, 2011 - Page 3 Resolution No. 11-2718 Downey Planning Commission 13) 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. 14) 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. 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 applicantlowner shall install a Knox® Rapid Entry System for the project. H:\Community Development\Planning Commission\Resolutions\201 1 \1 1-2718.doc PLN -11-00069 JC[JP) —12348<Paramoupt 81vd June 15, 2011 -Page 4