Resolution - 2022-17RESOLUTION NO. 2022-17
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA, CALIFORNIA, UPHOLDING THE
PLANNING COMMISSION'S DECISION AND DENYING
CONDITIONAL USE PERMIT NO. 21-03 AT 3540 E.
CAMERON AVENUE
WHEREAS, the applicant, Jessica Grevin on behalf of AT&T, filed with this City a verified
application on the forms prescribed by the City under the provisions in Chapter 26, Article VI of the
West Covina Municipal Code, requesting approval of a conditional use permit to:
Allow for the installation of a 60-foot high wireless communication facility designed as
eucalyptus tree with 12 panel antennas on certain property described as follows: 8277030028
Assessor Parcel No. 8277-030-028 as shown on the latest rolls of the Los Angeles County
Tax Assessor; and
WHEREAS, the Planning Commission, upon giving the required notice, did on October 26,
2021 and December 14, 2021 conduct a duly advertised public hearing as prescribed by law to
consider said application and adopted Resolution No. 21-6101 denying the conditional use permit
application; and
WHEREAS, on January 3, 2022, the applicant filed an appeal of the Planning
Commission's decision with the City; and
WHEREAS, the City Council, upon giving the required notice, did on February 15, 2022,
conduct a duly noticed public hearing to consider the appeal and conditional use permit
application; and
WHEREAS, studies and investigations made by the City Council and on its behalf reveal
the following:
The applicant is requesting the approval of a conditional use permit to allow the
installation of 60-foot wireless telecommunications facility designed as a
eucalyptus tree located at 3540 E Cameron Avunue (Valencia Heights Water
Tanks), which is zoned "Residential Single Family" (R-1) Zone.
2. Pursuant to Section 26-246 of the West Covina Municipal Code, findings necessary
for approval of a conditional use permit are as follows:
(a) That the proposed use at the particular location is necessary or desirable to
provide a service or facility which will contribute to the general well being of
the neighborhood or community.
(b) That such use will not, under the circumstances of the particular case, be
detrimental to the health, safety, peace or general welfare of persons residing
or working in the vicinity or injurious to property or improvements in the
vicinity.
(c) That the site for the proposed use is adequate in size and is so shaped as to
accommodate said use, as well as all yards, spaces, walls, fences, parking,
loading, landscaping, and any other features necessary to adjust said use to
the land and uses in the neighborhood and make it compatible therewith.
(d) That the site abuts streets and highways adequate in width and improvements
to carry traffic generations typical of the proposed use and that street
patterns of such a nature exist as to guarantee that such generations will not
be channeled through residential areas on local residential streets.
(e) That the granting of such conditional use permit will not adversely affect the
general plan of the City, or any other adopted plan of the Cit)r.
3. Section 26-685.998 of the West Covina Municipal Code requires the following
findings in addition to the findings required for the approval of a conditional use
permit for approval of a wireless telecommunication facility:
(fl The facilio) structures and equipment are located, designed, and screened to
blend with the existing natural environment or built surroundings so as to
reduce, visual impacts to the extent feasible considering the technological
requirements of the proposed telecommunication service and the need to be
compatible with neighboring residences and the character of the community.
(g) The facility is designed to blend with any existing supporting structures and
does not substantially alter the character of the structure or local area.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. On the basis of evidence presented, both oral and documentary, the City
Council finds that the following required findings for a conditional use permit cannot be made,
for the following independent reasons:
That the proposed use at the particular location is necessary or desirable to
provide a service or facility which will contribute to the general well being of the
neighborhood or community.
The applicant was not able to provide quantifiable data that demonstrated that
the proposed telecommunication facility is necessary or desirable to provide a
service that will contribute to the general well-being of the neighborhood.
Sufficient evidence was not provided to the satisfaction of the City Council to
support this finding.
f. The facility structures and equipment are located, designed, and screened
to blend with the existing natural environment or built surroundings so as to
reduce visual impacts to the extent feasible considering the technological
requirements of the proposed telecommunications service and the need to be
compatible with neighboring residents and the character of the community.
The wireless telecommunication facility's mono -eucalyptus will not accomplish
reasonable "stealthing" that will allow the facility to be screened and blend with
the existing natural environment or built surroundings. The mono -eucalyptus, as
designed, will be taller than any of the mature trees on the site and adjacent areas
as demonstrated by the applicant's "balloon test" and will be noticeably dissimilar
in appearance in comparison to the other trees in the area.
SECTION 2. On the basis of evidence presented, both oral and documentary, the City
Council further finds that the denial of the applicant's appeal from the decision of the West
Covina Planning Commission does not materially limit or inhibit the applicant's ability to
compete in a fair and balanced legal and regulatory environment.
Applicant's Alternative Site Analysis report identifies several alternative sites which could
address the gap in coverage including, but not limited to, a City -owned park adjacent to the
proposed site. However, each alternative site is dismissed by applicant with a simple statement that
applicant could not agree to lease terms. Applicant has not sufficiently established that terms for
leasing alternative sites were so onerous they would materially limit or inhibit applicant.
SECTION 3. Pursuant to all of the evidence presented, both oral and documentary, and
further based on the above findings, the City Council upholds the decision of the Planning
Commission and Conditional Use Permit No. 21-03 is denied.
SECTION 4. Nothing in this resolution is intended to prohibit the applicant from applying
to the City for a wireless facility in an alternate location.
SECTION 5. The City Clerk shall certify to the adoption of this resolution and shall
enter it into the book of original resolutions.
APPROVED AND ADOPTED on this 15thday of February, 2022.
Dario Castellanos
Mayor
APPROVED AS TO FORM
Thomas'V. bue
City Attorney
ATTEST
Lisa She1ityClerk
k
Assistan
I, LISA SHERRICK, Assistant City Clerk of the City of West Covina, California, do
hereby certify that the foregoing Resolution No. 2022-17 was duly adopted by the City Council of
the City of West Covina, California, at a regular meeting thereof held on the 15th day of February,
2022, by the following vote of the City Council:
AYES: Diaz, Lopez-Viado, Tabatabai, Wu
NOES: None
ABSENT: Castellanos
ABSTAIN: None
Lisa She ick
Assist City Clerk