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HomeMy WebLinkAbout2019 051 CC RESO RESOLUTION NO 2019-051 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK OVERTURNING THE PLANNING COMMISSION'S DECISION ADOPTING THE FINDINGS OF FACT AND DENYING A DESIGN EXCEPTION AND CONDITIONAL USE PERMIT TO CONSTRUCT A 52 FOOT TALL MONO-EUCALYPTUS WIRELESS COMMUNICATIONS FACILITY WITHIN THE R1, SINGLE FAMILY RESIDENTIAL ZONE, PURSUANT TABLES 153.180.050 AND SECTION 153.180.100 IN THE CITY'S MUNICIPAL CODE (LOCATION: APN 8460-001-900 AND 8460-001-901; APPLICANT: VERIZON WIRELESS — RELIANT LAND SERVICES C/O STELLA SHIH; CASE NUMBERS: CP-882) WHEREAS, an application ("Applications") for a conditional use permit, and request for a design exception were submitted on behalf of the owner of certain real property, located at 8460-001-900 and 8460-001-901 (Big Dalton Avenue) in the City of Baldwin Park, and WHEREAS, the Applications were sought to approve a conditional use permit and design exception for a wireless telecommunications facility, within the (R-1), Single Family Residential Zone pursuant to Tables 152.10, 153.180.050, and Section 153.180.100 of the City's Municipal Code; and WHEREAS, table 153.050.020 of the City of Baldwin Park Municipal Code (BPMC) requires the review and approval of a Conditional Use Permit by the Planning Commission; and WHEREAS, the purpose and intent of requiring a Conditional Use Permit is to ensure the compatibility in maintained between a conditional use on a specific site, and other existing and future land uses on adjacent and surrounding properties; and WHEREAS, Section 153.210.470(B) of the BPMC authorizes the Planning Commission to consider granting a Conditional Use Permit and impose such conditions as it deems necessary and reasonable to protect the best interests of the surrounding property or neighborhood and to ensure compliance with the Zoning Code and the General Plan; and WHEREAS, the Planning Commission did on the 28th day of August, 2019, conduct a duly advertised public hearing to consider the subject application, at which time the Planning Commission adopted Resolution No. 19-17 approving the conditional use permit and design exception; and WHEREAS, on September 9, 2019 an appeal of the Planning Commission action was filed by Gloria Heredia; and WHEREAS, the City Council, upon giving the required notice, did on the 6th day of November, 2019 conduct a duly advertised public hearing as prescribed by law, and considered evidence presented by the Planning Commission, Planning Division, and other interested parties; and WHEREAS, on November 20, 2019, the City Council by Resolution No.2019-051 denied the conditional use permit and design exception. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK HEREBY RESOLVES AS FOLLOWS: Section 1. The City determined that the proposed action (the "Project") is exempt from California Environment Quality Act (CEQA) pursuant to Section 15303 (Class 3, New Construction of Small New Facilities) of the California Environmental Quality Act (CEQA), as the proposal involves the construction of a new wireless telecommunications facility. Section 2. On the basis of the evidence presented, both oral and documentary at the City Council hearing of November 6, 2019, The City Council does hereby adopt the following Findings of Fact for design exception: (a) Visual Impact. The height, size and mass of the monoeucalyptus creates an adverse visual impact for persons and properties in the immediate neighborhood. Section 3. The City Council does hereby adopt the following Findings of Fact applicable to all conditional use permits: (a) Zone integrity and character. Although the facility is intended to appear as a eucalyptus tree, its size, height and mass overwhelm the adjacent residential buildings and neighborhood. As currently designed the wireless facility is obtrusive, aesthetically displeasing, and inconsistent with surrounding buildings and uses. Section 4. The City Clerk shall certify to the adoption of this resolution and hereafter the same shall be in full force and effect. PASSED, APPROVED, AND ADOPTED th 20th day of November, 2019. ,rrArri L LOZANO MAYOR ATTEST: gk STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF BALDWIN PARK I, JEAN M. AYALA, City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2019-051 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on November 20, 2019 and that the same was adopted by the following vote to wit: AYES: COUNCIL MEMBERS: Avila, Garcia, Hernandez, Lozano, Pacheco NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None J EA . AYA CIT LERK F+i