HomeMy WebLinkAboutReso 2015-003 - Verizon Wireless Locust StRESOLUTION NO. 2015-003
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
REDDING DENYING AN APPEAL OF THE PLANNING
COMMISSION DECISION TO DENY USE PERMIT APPLICATION
UP -2014-00333, FOR THE PROPOSED VERIZON WIRELESS
LOCUST STREET FACILITY AND ADOPTING FINDINGS TO
SUPPORT THE DECISION
WHEREAS, on January 20, 2015, the City Council considered the supporting
documentation and the staff report and other information in the record for Use Permit
Application UP -2014-00333 and considered all testimonial and written evidence submitted prior
to and during the public hearing relative to an appeal of the Planning Commission decision to
deny Use Permit Application UP -2014-00333.
NOW, THEREFORE, IT IS RESOLVED by the City Council of the City of Redding
that the appeal of the Planning. Commission decision to deny Use Permit Application UP -2014-
00333 is hereby denied; and
BE IT FURTHER RESOLVED by the City Council of the City of Redding that the
findings attached are hereby adopted and incorporated by reference into this resolution as
substantial evidence to support the City Council's decision to deny the appeal and uphold the
decision of the Planning Commission.
I HEREBY CERTIFY that the foregoing resolution was introduced, read, and . adopted at a
regular meeting of the City Councilon the 20th day of January, 2015, by the following vote:
AYES:
COUNCIL MEMBERS:
Cadd, McArthur, Schreder, Weaver, & Sullivan
NOES:
COUNCIL MEMBERS:
None
ABSENT:
COUNCIL MEMBERS:
None
ABSTAIN:
COUNCIL MEMBERS:
None
ATTEST:
F IE SULLIVAN, Mayor
P
PAMELA MIZE, City Clerk
W
APPROVED AS TO FORM:
O
RICHARD A. DUVERNAY, City Att ney
Q
W
FINDINGS OF DENIAL
USE PERMIT APPLICATION UP -2014-00333
The Planning Commission has determined that the findings for project approval required by Section
18.14.070 of the Zoning Code for Use Permit Application UP -2014-00333 cannot be made as
follows:
A. The proposed use will not be detrimental to the health, safety, and general welfare of
persons residing or working in the neighborhood of such proposed use. The applicant
contends that the location and design of the proposed wireless facility has been established
in an attempt to minimize its impact on the character of the larger neighborhood. Regardless
of these efforts, the Planning Commission has determined that the use will impact the
general welfare of persons residing or working in the neighborhood in that: 1) the proposed
facility will have a negative aesthetic impact in that a structure of the height proposed is
inconsistent with the heights of existing vegetation and manmade structures in the
neighborhood, notwithstanding attempts to conceal the purpose of the structure; 2) the use of
the property for an "Antenna and Transmission Tower" (as defined by Section 18.60.060 of
the Zoning Code) is inconsistent with the nature of existing improvements in the
neighborhood; and 3) the placement of the facility on a blighted, vacant, and underutilized
parcel of commercial property is likely to inhibit -the development potential of the property
and will affect the ability to redevelop the property in a manner consistent neighborhood
expectation and its highest and best use.
B. The proposed use will not be injurious or detrimental to the general welfare of the city.
Although the proposed wireless facility would be beneficial to the general welfare of the
City by enhancing the opportunity for wireless communications, the proposed wireless
facility is proposed on a blighted property which may hinder its potential to redevelop to its
highest and best use affecting the image and vitality of the area beyond the boundary of the
neighborhood.
C. The proposed use is consistent with the goals and policies established by the General Plan
and the Zoning Code. The proposed wireless facility does not comply with zoning criteria
established for telecommunication and wireless facilities as specified in Section 18.40.010
of the Zoning Code, which is supported by General Plan policy. Specifically, the applicant
has not provided documentation that the applicant has exhausted its search for viable sites
that meet the locational requirements for the facility. The proposed site is on the fringe of
the coverage area being targeted by applicant and other more centrally located sites have not
been pursued by the applicant. Specifically, there is considerable acreage of land designated
in the General Plan for as Public Facility centrally located within the target area. Other
potential sites have been identified by members of the public and City staff.
D. The proposed use and project design are consistent with the Design Guidelines established
by resolution of the City Council in accordance with Section 18.40.050, Design Criteria.
Although the proposed wireless facility technically is not subject to the City's Design
Guidelines, the project does meet the intent of the Design Guidelines by compliance with the
standards established for wireless facilities specified in Chapter 18.40.010 of the Zoning
Code by providing a "stealth design" and screening of related equipment.
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Staf Findings) UP-2014-00333-VerizonCellTwrDenial-LT-PC