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HomeMy WebLinkAboutResolution No. 08-C0550 0 RESOLUTION NO. 08-055 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, APPROVING USE PERMIT UP -2007-07, 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 Use Permit UP -2007-07 to allow the construction and use of a telecommunications facility at 273 E. Gladstone Street (Edgewood Center), Azusa; 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 88.51.040 and based on thestaff report and other such written and oral evidence as presented to the City Council regarding the Use Permit, the City Council finds and determines that the proposed Use Permit: (a) The proposed use is allowed within the applicable zoning district and complies with all other applicable provisions of this Development Code. The proposed site is located in the DE (Edgewood District) zone. A telecommunications facility is allowed in the DE zone with a Use Permit, subject to the requirements contained in Chapter88.46- (Telecommunications) of the Development Code. The subject application meets the required location and development standards with the approval of the requested variance, as shown in the Zoning Conformance Table in the staff report and, with adherence with to the Conditions of approval, will meet the operation and maintenance standards of the Development and Municipal Codes. (b) The proposed use 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, and to maintain and expand service provisions to the City of Azusa residences and businesses. The proposed application would provide telecommunications facilities and services for residents and businesses, which will meet these goals. Foothill Center Mixed Use Project/TTM 683551CC ResoDr2006-02 0 0 (c) The design, location, size and operating characteristics of the proposed activity are compatible with the existing and future land uses in the vicinity. The proposed telecommunications facility is designed to blend with the surrounding trees in the immediate area. The facility will be located at the northern section of the property within a 10'-0" x 42'-0" foot lease space, enclosed with a 6' foot tall chain link fence. In addition, any noise produced shall not exceed the City's noise standards of 65 dBA for exterior noise and 45dBA for interior. (d) The site is physically suitable for the type, density and intensity of use being proposed including access, utilities, and the absence of physical constraints. The site is physically suitable for the proposed wireless telecommunications use. The addition of the Mono -broadleaf and the location of the equipment cabinets at the north side of the property, behind the existing retail center does not substantially change the approved original site design. The proposed location for the telecommunications facility is out of public view, and is behind the shopping center, where loading occurs. (e) Granting the permit would not be detrimental to the public interest, health, safety, convenience or welfare or materially injurious to persons, property or improvements in the vicinity and zoning district in which the property is located. Granting the Use Permit would be beneficial to the public interest, health, safety, convenience and welfare in that the addition of another telecommunication facility would increase the coverage of wireless communication. In addition, the use would not be materially injurious to persons, property or improvements in the vicinity and zoning district in which it is proposed. The proposed site is located in the DE zone, which allows wireless telecommunication facilities with a Use Permit, and is in close proximity to businesses and residences, which would benefit from increased wireless coverage. TELECOMMUNICATIONS FINDINGS OF FACT 1. The communications facility complies with all applicable requirements of the chapter. With approval of the requested variance the proposed telecommunication facility complies with all applicable requirements of Chapter 88.46 (Telecommunications Facility). Foothill Center Mixed Use Project/]TM 683551CC ResoDr2006-02 0 0 2. The communication facility will not adversely impact the character and aesthetics of any public right-of-way. The placement of the proposed telecommunication facility at the northern part of the property, behind the exciting shopping center, enables the facility to be partially concealed by the retail center and by well as an existing block wall bordering the rear property line. The proposed location is not accessible by the general public, and all ground equipment is out of public view. The existing trees in the immediate area are of a similar type and color as the Mono -broadleaf, so this design best suits the proposed location. The proposed facility will not block any views enjoyed by nearby residential neighborhoods, and therefore limits the aesthetic impact that the 55 foot high mono -broadleaf will have on its surroundings. Section 2. This Resolution shall take effect immediately upon its adoption. 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 8`h day of :July 2008. AIA oseph R. kocha, Mayor I HEREBY CERTIFY that the foregoing resolution No. 08-055, 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, City Clerk APPROVED AS TO FORM: BEST BEST & KRIEGER LLP City Attorney Foothill Center Mixed Use Projea/TTM 683551CC ResoDr1006-01