Loading...
HomeMy WebLinkAboutResolution No. 08-C0560 RESOLUTION NO. 08-056 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, APPROVING VARIANCE V-2007-08, A REQUEST TO ALLOW THE CONSTRUCTION AND USE OF A TELECOMMUNICATIONS FACILITY, LOCATED AT 273 E. GLADSTONE STREET, AZUSA. WHEREAS, the City Council of the City of Azusa, has given notice thereof as required by law and held a public hearing on the application of T -MOBILE with respect to the requested Variance V-2007-08 to exceed the maximum permitted height of 50 feet by 5 feet for a new telecommunications facility located at 273 E. Gladstone Street; and WHEREAS, the City Council has carefully considered all pertinent testimony and the staff report offered in the case as presented at the public hearing; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY RESOLVE AS FOLLOWS: Section 1: In accordance with City of Azusa Municipal Code Section 88.51.032 and based on the staff report and other such written and oral evidence as presented to the City Council regarding the Variance V-2007-08, the City Council finds and determines that the proposed Variance: (a) There are special circumstances such as size, shape, topography, location, or surroundings, in which the strict application of this Development Code deprives the property of privileges enjoyed by other properties in the vicinity and within the same zoning district. The project site is bordered by numerous mature tree species with a compatible appearance to that of the Mono -broadleaf design. Wireless telecommunication is a line of sight technology; T -Mobile needs to obtain a height of 50'-0" (feet) to the top of the antennas in order to obtain their coverage objective. T -Mobile is proposing an additional five feet in height to achieve a design that blends well with the surrounding topography. The antennas that are attached to the Mono - broadleaf will be located at the 50 foot height limitation, with room for co - location below. The additional five feet in height is requested in order to provide a more realistic broadleaf tree appearance in conformance with the City's screening and antenna tower stealthing requirements. The 50 foot height limitation would place the antennas at or below 45 feet, limiting the line of site needed for the wireless signal and limiting the Mono -broadleaf s co -location abilities. Section 88.46.050.A- Telecommunications Facilities Location Priorities, states that "A communication facility shall not be approved or located on other than a publicly owned site; except that the review authority may approve a facility elsewhere within a District, Corridor, or Neighborhood established by Article 2 Foothill Center Mired Use Project/77M 683551CGResoDR2006-103 9 0 (Urban Standards) in the order of priority of District sites first, Corridor sites second, and neighborhood sites third." The proposed site is within a District, and the applicant has demonstrated that there is no publicly owned site where a facility would provide adequate coverage. Therefore, the strict adherence to the Azusa Development Code would deprive the owner of utilizing the property in a way that is beneficial to the community. (b) The approval of the Variance includes conditions of approval as necessary to ensure that the adjustment granted does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and within the same Zoning district Approval of a variance to allow an increase in height for the proposed telecommunications facility does not constitute a special privilege for the subject property. The proposed height of the antennas meets the height limitation of 50'-0" for a telecommunication facility with co -location abilities. The requested height of 55' (feet) will enable the applicant to provide a more realistic design for the facility, providing adequate foliage to disguise the antennas. The proposed height to the top of the antennas will be used to adequately serve the surrounding area while still providing area for co -location to take place, as required by the Development Code. The attached Conditions of Approval ensure that the variance does not create negative impacts to the subject property or to the surrounding uses. The telecommunications facility will adhere to all of the development standards for the zone, with the exception that the facility will exceed the maximum permitted height by five feet to ensure that the structure is designed in a manner that is consistent with the appearance of a natural tree, and to adequately disguise the antennas. The proposed telecommunications facility would not adversely affect; nor could it be materially detrimental to adjacent uses since the proposed telecommunication facility is located at the rear of the site where it is concealed by the existing retail center and a block wall bordering the rear property line. The facility meets all required setbacks, and is designed to minimize the overall visual impact to the community. (c) The Variance is consistent with the General Plan and any applicable specific plan. General Plan Land Use Goal No. 1 and Land Use Goal No.6 call for providing for the needs of the existing and future residents and businesses, and to maintain and expand service provisions to the City of Azusa residences and businesses. The proposed application would provide telecommunication facilities and services for residents and businesses, which will meet these goals. Foothill Center Mixed Use Projectl7TM683551CC/ResoDR2006-103 0 0 Section 2. Bases on the aforementioned findings, the City Council does hereby approve Variance No. V 2007-08 for the property located at: 273 E. Gladstone Street, Azusa, California. Section 3. The Mayor shall sign this Resolution and the City Clerk shall attest and certify to the passage and adoption of this Resolution. ADOPTED, SIGNED, AND APPROVED this 8th day of .'July 2008. �1 J seph . Rocha, Mayor I HEREBY CERTIFY that the foregoing resolution No. 08-056, was duly adopted by the City Council of the City of Azusa at a regular meeting thereof, held on the 8th day of July 2008, by the following vote of the Council: AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Vera Mendoza"C�ity i�l!rkW APPROVED AS TO FORM: BEST BEST & KRIEGER LLP City Attorney Foothill Center Mixed Use Project/TTM 68355/CC/ResoDR2006-103