RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF LIVINGSTON APPROVING
CONDITIONAL USE PERMIT 2010-05 FOR CLEARWIRE LLC
WHEREAS, Clearwire LLC submitted a Conditional Use Permit application (“CUP”) to allow a sixty (60) foot monopalm and antennas at the True Value Hardware store at 321 Second Street (024-114-018) (the “Project”); and
WHEREAS, Staff has reviewed the Plans with reference to the 1999 General Plan, the 2025 General Plan, the Zoning Code and the adopted Livingston Design Guide; and
WHEREAS, this Project has been properly noticed by posting, a newspaper ad and a mailing to adjacent properties within 300 feet of the site; and
WHEREAS, the proposed project is categorically exempt from the California Environmental Quality Act (“CEQA”) under Section 15332 In-Fill Development Projects and a Notice of Exemption will be filed with the Merced County Clerk within five (5) days of project approval. Class 32 consists of projects characterized as infill development which meets the following conditions:
a. The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations.
Pursuant to LMC 5-5-8, wireless communication facilities are permitted in the City’s industrial, commercial, and open space zoning districts. The general plan designation for the site is Downtown Commercial and the zoning of Downtown Commercial (DTC) is consistent with the general plan designation. The site therefore, is a permitted location. 1999 General Plan and 2025 General Plan Update Policy 7.3 Objective A ensures that all commercial and public development projects are attractive, of high quality design, and enhance the image of the City. The proposed monopalm is attractive and of a high quality design for a tower. It enhances the image of the City with a palm tree design instead of degrading it with a stark lattice tower.
b. The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. APN 024-114-018 is located within Livingston city limits. The parcel at 17,007 square feet is a little less than .4 acre, which is 17,424 square feet. The parcel is surrounded by the following urban uses: railroad tracks, gas station and used car lot to the north; shopping center to the east; retail stores to the south; and residential uses to the west.
c. The project site has no value as habitat for endangered, rare, or threatened species.
The project site is an existing retail store with outdoor storage and parking. It has no value as animal or plant habitat because the entire site is covered by building, asphalt and gravel and is surrounded by urban uses.
d. Approval of the project would not result in any significant effects relating to traffic, noise, air quality or water quality. As this is an unoccupied wireless facility with occasional employee visits for maintenance purposes only, there should be no significant impacts associated with traffic, noise, air quality or water quality. Employee access to the proposed facility is through existing gates just north of the northbound stop sign on Second Street.
e. The site can be adequately served by all required utilities and public services. The proposed facility is on an existing retail site currently served by all utilities and services.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission adopts Resolution 2011-01, approving Conditional Use Permit 2010-05 for the Project, based on the following findings of fact:
- The site for the proposed use is adequate in size and shape to accommodate said use and all yards, spaces, walls and fences, parking, loading, landscaping, and other features required by the zoning code. The proposed facility is located adjacent to an existing building and is able to meet all required setbacks and other features required by the zoning code.
- The site for the proposed use is served by streets and highways adequate to carry the quantity and kind of traffic generated by the proposed use. The site provides a gate and driveway access just north of the northbound stop sign on Second Street at Front Street for occasional employees to enter for maintenance purposes.
- Public facilities are currently adequate to serve the proposed use or improvements are included in an approved Capitol Improvement Plan or otherwise will be complete prior to the issuance of building permits. The site was previously developed with a retail store, outdoor storage, and parking. All utilities and public facilities are currently available.
- The proposed development is consistent with the General Plan.
1999 General Plan and 2025 General Plan Update Policy 7.3 Objective A ensures that all commercial and public development projects are attractive, of high quality design, and enhance the image of the City. The proposed monopalm is attractive and of a high quality design for a tower. It enhances the image of the City with a palm tree design instead of a stark lattice tower.
e. The height limit for towers shall be consistent with the maximum building height of the zoning district of the subject parcel. Exceptions to the height limit may be granted when the designated Approving Authority finds that reasonable alternatives do not exist to provide the necessary service. The maximum building height in the DTC zoning district is fifty (50) feet and the proposed monopalm is sixty (60) feet tall. As the designated Approving Authority for CUP 2010-05, the Planning Commission may grant a ten (10) foot exception to the height limit if reasonable alternatives do not exist to provide the necessary service. Clearwire has requested a ten (10) foot exception to provide necessary service.
BE IT FURTHER RESOLVED, that the Livingston Planning Commission adopts Resolution 2011-__, approving Conditional Use Permit 2010-05 based on the following condition:
- Pursuant to LMC 5-5-8 (K) 2, an RF (radio-frequency) testing report shall be submitted to the PIP Director for all proposed facilities after the initial installation and operation, every five years thereafter, and any time the MPE limits are modified to demonstrate facility compliance with government safety standards.
The foregoing resolution was introduced and moved for adoption on January 11, 2011, by Commissioner _____________, and being duly seconded by Commissioner _______________, was passed by the following vote:
Chair, ROY SORIA Secretary of the Planning Commission,
DONNA M. KENNEY