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CITY COUNCIL AGENDA ITEM NO. 5

Meeting Date: September 12, 2006

Subject/Title: Set the public hearing date of September 26, 2006, to hear the appeal of a Planning Commission decision approving Conditional Use Permit No. 06-18 for the Verizon Wireless project, located on the 75-foot wide PG&E tower line easement, just southwest of the realigned Concord Avenue and east of Fairview Avenue. (H. Sword/T. Nielsen)

Prepared by: Tim Nielsen, Assistant Planner

Submitted by: Howard Sword, Community Development Director

RECOMMENDATION
Set September 26, 2006 as the public hearing date to consider the appeal by On Air, LLC/Verizon Wireless.

PREVIOUS ACTION
On August 15, 2006, the Planning Commission held a public hearing to consider an entitlement requested by On Air, LLC on behalf of Verizon Wireless for a cellular site, including Conditional Use Permit No. 06-18 and Variance No. 06-04, located north of the realigned Concord Avenue, east of Fairview Avenue. The Commission voted 4-1 to approve the requested Conditional Use Permit with Condition of Approval 11 amended to read as follows “Landscaping shall be installed around the project site and the existing equipment building designed to adequately screen the equipment enclosure and the base of the PG&E tower prior to activation of this cellular site to the satisfaction of the Director of Parks and Recreation, the Community Development Director, and PG&E with further review and approval by the Design Review Sub-Committee. The applicant shall provide water to this site and install heavy landscaping,” with Commissioner Pitkin voting no, which was memorialized pursuant to Resolution No. 06-85.

By the attached letter submitted August 25, 2006, as required by Section 17.880.003.D of the Zoning Ordinance, On Air, LLC submitted a written statement on behalf of Verizon Wireless addressing their concerns on the matter being appealed. The specific concern is with the condition of approval requiring installation of heavy landscaping around the proposed and existing equipment enclosures and the cost-prohibitive nature of this requirement. Verizon Wireless requests that all engineering, meter, and construction fees be waived. Per Sections 17.880.002 and 003.B and E (Appeal Procedure and Set Hearing) the applicant's appeal letter is being forwarded to the City Council. It is recommended that the City Council set September 26, 2006, as the date for the public hearing on the appeal request.

Attachment:
Letter from On Air, LLC, submitted August 25, 2006
 

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