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HomeMy WebLinkAboutItem 6 - Resolution No 1927RESOLUTION NO. 1927 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, DENYING CONDITIONAL USE PERMIT APPLICATION NO. CUP 13 -18 AND OAK TREE ENCROACHMENT PERMIT APPLICATION NO. TRE 14 -49 FOR A PROPOSED NEW WIRELESS COMMUNICATION FACILITY WITH A 50' -0" TALL MONOPOLE ANTENNA STRUCTURE CAMOUFLAGED AS AN ELM TREE AND A 230 SQUARE -FOOT, 12' -6" TALL EQUIPMENT SHELTER AT THE NORTHEAST CORNER OF THE SANTA ANITA RACE TRACK PROPERTY AT 285 W. HUNTINGTON DRIVE WHEREAS, on November 20, 2013, an application was filed by Ms. Brittany Pell of Coastal Business Group on behalf of AT &T Mobility for a Conditional Use Permit for a new wireless communication facility with a monopole antenna structure and an equipment shelter at 285 W. Huntington Drive, Development Services Department Case No. CUP 13- 18; and WHEREAS, on August 5, 2014, an application was filed by Ms. Brittany Pell of Coastal Business Group on behalf of AT &T Mobility for an Oak Tree Encroachment Permit for the proposed new wireless communication facility to encroach into the protected area of four, on -site oak trees at 285 W. Huntington Drive, Development Services Department Case No. TRE 14 -49; and WHEREAS, on November 6, 2014, Planning Services completed an environmental assessment for the project in accordance with the California Environmental Quality Act (CEQA), and determined that the project could qualify as Categorically Exempt under CEQA, per Section 15061(3) of the CEQA Guidelines (Review for Exemption) if the project has no potential to cause a significant effect on the environment, and because it consists of new construction of a small structure of less than 10,000 square -feet in area per CEQA Guidelines Section 15303; and WHEREAS, a public hearing was held by the Planning Commission on December 9, 2014, at which time all interested persons were given full opportunity to be heard and to present evidence. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF ARCADIA RESOLVES AS FOLLOWS: SECTION 1. That the factual data submitted by the Development Services Department in the staff report dated December 9, 2014, are true and correct. SECTION 2. This Commission finds, based upon the entire record: a. That the granting of such Conditional Use Permit could be detrimental to the public health or welfare and/or injurious to the property or improvements in such zone or vicinity. FACT: The proposed wireless facility could be detrimental to the surrounding properties because of its close proximity to existing single - family residences northwest of the site. The proposed location of the wireless facility would be within 200 feet of several single - family residential properties, and could negatively impact the esthetics and value of those properties. b. That the use applied for at the location indicated is properly one for which a Conditional Use Permit is authorized. FACT: The zoning of the Santa Anita Race Track property is a mixture of S -1, Special Uses, and R -1, Second One - Family Zones. Arcadia Municipal Code Sections 9288.6, and 9273.1.19, authorizes a standalone wireless facility at the proposed location, subject to approval of a Conditional Use Permit. c. That the site for the proposed use is inadequate in size and /or shape to accommodate said use, and all yards, spaces, walls, fences, parking, loading, landscaping, and other features required to adjust said use with the and and uses in the neighborhood. -2- 1927 FACT: The proposed location is an undeveloped hillside at a corner of the Santa Anita Race Track property that is part of the larger landscaped backdrop to the racetrack as viewed from the grandstands and infield. There is an existing private, paved access road on the property within the vicinity of the proposed wireless facility location, and a gravel access road is proposed as part of this project to provide direct access to the wireless facility. The proposed location of the wireless facility is problematic due to its proximity to several residences from which the proposed cell tower that is to be camouflaged as an artificial elm tree will be readily visible. There will be a negative aesthetic impact by the incongruous cell tower facility on the nearby residences with resulting deleterious impact on the value of those residential properties. It has not been demonstrated that the proposed installation will integrate with the land and uses in the neighborhood. Nor has it been demonstrated that the site is the only, or optimum, situation that will meet the applicant's needs with the least intrusion on the neighborhood. d. That the site abuts streets and highways adequate in width and pavement type to carry the kind of traffic that would be generated by the proposed use. FACT: The Santa Anita Race Track property is accessed from Colorado Place, Huntington Drive, and Baldwin Avenue. These streets are adequate in width and pavement type to carry the traffic generated by the current and proposed uses. The proposed project, as an unmanned wireless facility, would need only occasional access for maintenance after construction, and would not impact the surrounding streets and highways. e. That the granting of such Conditional Use Permit would adversely affect the comprehensive General Plan. FACT: The General Plan Land Use Designation of the subject site is HR, Horse Racing, which provides for the continued operation of the Santa Anita Park racetrack for horse racing and related activities. Approval of the new unmanned wireless facility would -3- 1927 not adversely affect the horse racing activities at the location, or the esthetics of the backdrop to the racetrack as the facility will be located in an unused corner of the property with minimal visibility from the racetrack grandstands and infield. However, approval of the proposed unmanned wireless facility could adversely affect the esthetics and value of the single- family residential properties in the vicinity, and as such, is inconsistent with the Land Use and Community Design Element of the General Plan as it pertains to protection and preservation of existing residential neighborhoods. SECTION 3. For the foregoing reasons the Planning Commission denies Conditional Use Permit Application No. CUP 13 -18, and Oak Tree Encroachment Permit Application No. THE 14 -49, for a proposed new wireless communication facility with a 50' -0" tall monopole antenna structure camouflaged as an elm tree, and a 230 square -foot, 12' -6" tall equipment shelter at 285 W. Huntington Drive, SECTION 4, The Secretary shall certify to the adoption of this Resolution. Passed, approved and adopted this 13th day of January, 2015. ATTEST: Secretary APPROVED AS TO FORM: 2, Stephen P. Deitsch City Attorney Chairman, Planning Commission -4- 1927