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24-0209

Hearing to consider Five-Year Review of Special Use Permit S04-0028 (Conditional Use Permit CUP-R23-0017) request for a five-year review of an existing cellular telecommunications facility. The applicant respectfully requests to extend the new five-year review deadline to September 26, 2029, five (5) years from the current date of September 26, 2024. The property, identified by Assessor’s Parcel Number 087-091-001, consisting of 38.71 acres, is located on the west side of Latrobe Road, approximately 0.5 mile north of the intersection with South Shingle Road, in the Latrobe area submitted by Virtual Site Walk (Agent: Sydney Sigmund); Staff recommends the Planning Commission take the following actions: 1)Find Conditional Use Permit Revision CUP-R23-0017 to be exempt from CEQA pursuant to Section 15162(a) of the CEQA Guidelines; 2) Find that based on this 5-year review period, the approved telecommunication facility substantially conforms to the Conditions of Approval for S04-0028; and 3) Modify Condition of Approval No. 10 as follows: Due to the ever-changing technology of wireless communication systems, this special use permit shall be reviewed by the Planning Commission Planning Division every five years. At each five-year review, the permit holder shall provide the Planning Commission Planning Division with a status report on the then current use of the subject site and related equipment and a Radio Frequency Report demonstrating compliance with current Federal Communications Commission (FCC) emission regulations. The Planning Commission Planning Division shall review the status report and, based on an assessment of the information provided, current wireless communication technology, and possible local or cumulative impacts, determine whether to: (1) Modify the conditions of approval in order to reduce identified adverse impacts; and (2) Initiate proceedings to revoke the special use permit, requiring the facility’s removal, if it is no longer an integral part of the wireless communication system. By operation of this condition, it is the intent of the Planning Commission County to reserve the right to modify existing or add new conditions, consistent with the language specified above. The failure of the Planning Commission County to conduct or complete a five-year review in a timely fashion shall not invalidate the special use permit. The applicant shall pay a fee as determined by the Development Services Planning and Building Department Director to cover the cost of processing a five-year review. (Supervisorial District 2)

Agenda Item Approved Introduced January 22, 2024
Committee
Planning Commission
Introduced
January 22, 2024
On agenda
February 8, 2024
Passed
February 8, 2024

Where it was heard

Planning Commission Feb 8, 2024 Approved Pass