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
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