HomeMy WebLinkAbout2019 047 CC RESO RESOLUTION NO. 2019-047
A RESOLUTION OF THE CITY COUNCIL UPHOLDING THE
PLANNING COMMISSION'S DECISION ADOPTING THE FINDINGS
OF FACT AND APPROVING 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)
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK
HEREBY RESOLVES AS FOLLOWS:
SECTION 1. The City Council of the City of Baldwin Park does hereby find,
determine, and declare as follows:
(a) 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, described more particularly in the Application on file with the City
Planner; and
(b) 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
(c) A duly noticed public hearing was held on August 28, 2019 on said Applications
by the Planning Commission, and based upon evidence presented including
applicable staff reports and each member of the Commission being familiar
with the property, it was determined that the facts as required by the Baldwin
Park Municipal Code for the granting of such Applications are present and that
the conditional use permit should be granted, subject to the terms of this
Resolution; and
(d) on November 6, 2019, the City Council by Resolution No.2019-047 approved
the conditional use permit and design exception; and
(e) 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. The City Council does hereby adopt the following Findings of Fact
applicable to all design exceptions:
(a) Siting. The proposed wireless facility is designed to perform effectively at the
location selected. The location was selected because it falls within the
applicant's search ring and the property owner's willingness to accommodate.
Other identified locations could not accommodate or were not within the
effective search ring.
(b) Height Standards. The wireless ordinance limits antenna height to 30 feet for
properties in the Residential zones. The applicant is seeking an exception from
this requirement to construct a 52 foot tall mono-eucalyptus wireless facility.
The applicant provided an analysis demonstrating that a structure constructed
at the permitted height of 30 feet would not provide the necessary coverage to
fill the service gap. As depicted in the coverage maps and corresponding
engineering analysis, the proposed height is the minimum required for the
provision of services. In extent, the proposed 52 foot height is measured from
the ground to the top of the proposed foliage. The antennas are at a height
maximum of 46 feet.
(c) Reception. The environment surrounding the subject site is built out and
beyond the applicant's control. Locating and constructing the antennas in
conformance with the specifications and within the parameters of the wireless
ordinance will cause the antennas to perform poorly as a result of the built out
environment.
(d) Visual Impact. The proposed wireless facility will consist of a stealth tower in
the form of a mono-eucalyptus, which provides foliage to sufficiently screen the
antennas and pole mounted equipment. A recommended condition of approval
has been added to require the applicant to install on the subject site two (2)
trees of 36 inch box minimum of a species that matures at an approximate
height comparable to the proposed wireless facility. The equipment cabinets
and stand-by generator will be placed in a completely screened block wall
enclosure. The conditions of approval will ensure that visual impacts are
minimized.
(e) Spirit and Intent. The proposed project encompasses the spirit and intent of
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the wireless ordinance. The project reasonably considered other location and
design options, including co-location opportunities in an effort to avoid the
construction of a new tower. The project ensures the health, safety and general
welfare of the community by providing wireless service where needed, which
enhances emergency response. The project ensures operational compliance
with State and Federal Telecommunications regulations and incorporates a
stealth design. The project will also enhance landscaping onsite by providing
two (2) live trees for enhanced camouflaging techniques.
(f) General Plan Consistency. The granting of the exception request is
consistent with the City's General Plan. The Land Use Element in the City's
General Plan provides a description of the Single Family Residential category
(pg. LU-25). Pursuant to the description, "This category is established to allow
traditional single-family homes, with one dwelling permitted per legal lot." An
improved infrastructure to support such uses is required, including a reliable
wireless network. The granting of the exception will allow for the proliferation
of an enhanced wireless network. Therefore granting the exception request is
consistent with the City's General Plan.
(g) Public Welfare. Granting the exception will allow the construction of an
effective wireless communication facility thus providing a more reliable wireless
network and more effective emergency response. As part of the proposed
project, the applicant will improve the subject site by providing two (2) live trees
that will also serve to provide a backdrop for the proposed mono-eucalyptus.
The wireless facility in conjunction with the on-site landscaping improvement
will not be injurious to the properties in the vicinity, but will contribute to the
public welfare of the immediate vicinity.
SECTION 3. The City Council does hereby adopt the following Findings of Fact
applicable to all conditional use permits:
(a) Conditionally permitted. Upon approval of a design exception pursuant to
Section 153.180.100 of the zoning code, the use may be conditionally permitted
within the subject zone. The use complies with the intent of all applicable
provisions in that wireless telecommunications facilities are a conditionally
permitted use in the Single Family Residential, (R1) zone upon Planning
Commission granting of a Design Exception. The proposal as submitted and
conditionally approved will comply with the applicable provisions of subchapter
153.180 of the City's Municipal Code; and
(b) Zone integrity and character. The use will not impair the integrity and
character of the zone in which it is located. The proposed use of a wireless
communications facility conforms to the neighboring residential uses in that it
provides an improved wireless network infrastructure. The mono-eucalyptus is
proposed to be set back accordingly from the nearest residential uses and
setback far from the public right-of-way along Big Dalton Ave. The facility will
placed closer in proximity to the Big Dalton Wash Flood Control Channel at the
rear of the subject property. The facility will be effectively stealthed to minimize
visual impact from the adjacent uses; and
(c) Site suitability. The subject site is physically suitable for the type of use being
proposed in that the size and layout of the property can accommodate the
proposed wireless facility without affecting existing use and operations. The
mono-eucalyptus tower will occupy a location at the rear of the property so that
it does not interfere with the day to day operations of the utility purveyor; and
(d) Existing compatibility. Since the existing site is currently used for a water
utility purveyor (Valley County Water District), the proposed wireless facility is
compatible with the site in that it will provide a different type of utility for the
public. The proposed wireless facility is also compatible with surrounding uses
in that a wireless infrastructure is needed to support the existing uses. Also,
the proposed stealthing techniques will reduce the visual impact, allowing
compatibility with surrounding areas; and
(e) Future compatibility. The use will be compatible with existing and future land
uses within the zone and the general area in which the proposed use is to be
located in that as part of the 2020 General Plan, the parcel retains a Single
Family Residential land use designation. Furthermore, a water utility purveyor
will continue to operate at this location; and
(f) Utilities and services. Adequate provisions for water, sewer and public
utilities and services are available to ensure that the use will not be detrimental
to public health and safety in that the existing facility already has established
utilities; and
(g) Public access. Adequate provisions for public access are available to serve
the use in that the site has sufficient access to streets and highways adequate
in width and pavement to carry the quantity and quality of limited traffic
generated by the proposed use, the property has direct access to Big Dalton
Avenue which is designated as a residential street in the City of Baldwin Park's
General Plan 2020; and
(h) General Plan consistency. The existing wireless facility is consistent with the
spirit of the General Plan of the City in that it will continue to enhance the City's
general welfare and public convenience by providing essential and reliable
wireless communication in the area. In addition, the facility can continue to
function in the event that the typical telephone (wire) service is interrupted
during an emergency situation or natural disaster. The continued use is
passive and unmanned, and therefore will not adversely affect the policies and
goals of the General Plan; and
(i) Safety and welfare. The use will not be detrimental to the public interest,
health, safety, convenience or welfare in that the proposed use is confined
located to the rear section of the property with appropriate setbacks from the
property lines and is also stealthed to provide a more pleasing aesthetic appeal.
SECTION 4. The Application, as herein above described below, and the same is
hereby approved subject to the following conditions:
(a) That the property shall be developed and maintained in substantial accordance
with Exhibit "A" to the staff report for CP-882, dated November 6, 2019; and
(b) The use shall be operated and the subject property be maintained in a neat
and orderly manner; that the site shall be kept free of litter and that all graffiti
(throughout the lease area including the block wall mechanical equipment
enclosure) shall be removed within twenty-four(24) hours at the expense of the
applicant and/or owner; and
(c) The plans shall not include any sites or plans for future carriers or future
antennas. Applicant acknowledges that city approvals are required for any new
antennas not approved herein, including any additional co-locations, consistent
with city codes and governing law; and
(d) That two (2) live trees of at least 36 inch box in size shall be installed,
maintained, and automatically/permanently irrigated. The live trees shall have
a minimum overall height of 40 feet and be of a species similar in height and
foliage as the proposed wireless mono-eucalyptus. Planting and irrigation
details shall be included on plans submitted for Plan Check; and
(e) Trunk cladding shall be provided on the mono-eucalyptus pole beginning at the
pole mounting base at grade to the bottom of the antenna array to give an
appearance of a "tree trunk". Any proposed cladding shall be subject to review
and approval by the City Planner and shall be maintained in good condition;
and
(f) Good faith attempt to work with the Valley County Water District to add a barrier
to the rear property line; and
(g) Antennas and mounting hardware shall be painted green to match the color of
the foliage and antenna socks shall also be installed; and
(h) That the Applicant is prohibited from causing or allowing the deposit or disposal
of any hazardous substances at the property. The Applicant shall be
responsible for and bear the entire cost of removal and disposal of hazardous
substances introduced to the property. The Applicant shall also be responsible
for any clean-up and decontamination on or off the property necessitated by
the introduction of such hazardous substances. The Applicant shall indemnify,
defend and hold the City harmless from and against all liabilities, damages,
claims, losses, costs or expenses (including, without limitation, attorney's fees)
incurred by or brought against the City in connection with or arising out of the
use, storage, disposal, release or other presence of hazardous substances on,
in under or about the property. The phrase "hazardous substance", as used
herein, has the same meaning as that phrase has under Section 25359.7 of the
California Health and Safety Code; and
(i) The applicant shall combine parcels APN 8460-001-900 and 8460-001-9001
into one parcel through a lot merger; and
(j) If within one (1) year after the date of approval of CP-882, all conditions of
approval have not been satisfied, then CP-882 shall become null and void; and
(k) That the applicant shall sign a notarized affidavit within ten (10) days of the
date of this resolution stating that the applicant has read and accepts all of the
conditions of approval.
SECTION 5. This Resolution shall become effective immediately upon its
adoption.
SECTION 6. 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 this 6th day of November, 2019.
MANUEL NO
MAYO
ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES H 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. 2019-047 was duly adopted by the City Council of the City of
Baldwin Park at a regular meeting thereof held on November 6, 2019 and that the same
was adopted by the following vote to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
JEAN . YALA
CITY LE K