Legislation Details

File #: 23-1343   
On agenda: 1/23/2024 Final action: 1/23/2024
Enactment date: Enactment #:
Recommended Action(s)
1. Consider Appeal of Planning Commission's denial of Unclassified Conditional Use Permit No. 3770 proposing to allow an unmanned freestanding 100-foot-tall monopole co-locatable wireless telecommunications facility on a 3.8-acre parcel within the AE-5 (Exclusive Agricultural, five-acre minimum parcel size) Zone District. 2. If the Appeal is granted and the Planning Commission's denial of Unclassified Conditional Use Permit No. 3770 is overturned: a. Adopt the Mitigated Negative Declaration prepared for Initial Study No. 8431 and approve the proposal subject to the proposed Mitigation Measures and Conditions of Approval; and b. Make the required Findings specified in Fresno County Zoning Ordinance, Section 873(f) for approval of Unclassified Conditional Use Permit No. 3770; and c. Adopt Resolution approving Unclassified Conditional Use Permit No. 3770, with Conditions of Approval and Project Notes. The subject parcel is located on the northwest corner of Boren Lane and Elwood Rd....
Attachments: 1. Agenda Item, 2. Attachments A-E, 3. Resolution, 4. Additional Information
DATE: January 23, 2024

TO: Board of Supervisors

SUBMITTED BY: Steven E. White, Director
Department of Public Works and Planning

SUBJECT: Appeal Planning Commission's denial of Unclassified Conditional Use Permit No. 3770 and Initial Study No. 8431 (Applicant/Appellant: Leesa Gendel, SAC Wireless)

RECOMMENDED ACTION(S):
TITLE
1. Consider Appeal of Planning Commission's denial of Unclassified Conditional Use Permit No. 3770 proposing to allow an unmanned freestanding 100-foot-tall monopole co-locatable wireless telecommunications facility on a 3.8-acre parcel within the AE-5 (Exclusive Agricultural, five-acre minimum parcel size) Zone District.

2. If the Appeal is granted and the Planning Commission's denial of Unclassified Conditional Use Permit No. 3770 is overturned:

a. Adopt the Mitigated Negative Declaration prepared for Initial Study No. 8431 and approve the proposal subject to the proposed Mitigation Measures and Conditions of Approval; and

b. Make the required Findings specified in Fresno County Zoning Ordinance, Section 873(f) for approval of Unclassified Conditional Use Permit No. 3770; and

c. Adopt Resolution approving Unclassified Conditional Use Permit No. 3770, with Conditions of Approval and Project Notes.

The subject parcel is located on the northwest corner of Boren Lane and Elwood Rd., approximately 1.70 miles north of Squaw Valley (APN: 160-420-08s) (1830 Elwood Rd.) (Sup. Dist. 5).
REPORT
This item comes before your Board on appeal of the Planning Commission's denial of the subject application (4 to 3, two Commissioners absent) at its October 12, 2023 hearing. Staff notes that the Zoning Ordinance requires your Board determine, independent from the Planning Commission, whether the Unclassified Conditional Use Permit Application (CUP) should be approved, approved with stated conditions, or disapproved. A copy of the Planning Commission's action is included in Attachment A. The Planning Commission Staff Report is included as Attac...

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