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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 p P p p p 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