File #: 21-1091    Version: 1
Type: Agenda Item Status: Approved
File created: 6/24/2021 In control: Board of Supervisors
On agenda: 7/20/2021 Final action: 7/20/2021
Title: HEARING - To consider a request from Verizon Wireless c/o Sara King, submitting for approval of the Appeal (CUP-A21-0001), to overturn the Planning Commission’s denial of CUP20-0006 for the approval of a cellular facility on the Oak Ridge High School Football Field. The subject property is identified by Assessor’s Parcel Number 121-190-022, located on the south side of Harvard Way, approximately 300-feet west of the intersection with Silva Valley Parkway, in the El Dorado Hills area, and staff recommending the Board take the following action: 1) Grant the appeal of the Planning Commission’s denial of the Oak Ridge High School Cell Facility, CUP20-0006, thereby approving the project. (Supervisorial District 1) FUNDING: Developer-Funded Cell Tower Improvements.
Attachments: 1. A - PC Denial Findings, 2. B - Appeal Submittal Packet, 3. C - Appellant Supplied Letter, 4. D - PC Hearing Minute Order 3-11-2021, 5. E - Staff Memorandum with Related Updated Applicant Materials, 6. F - Proof of Publication-Mt. Democrat, 7. G - Appellant's Presentation, 8. Public Comment Rcvd 7-20-2021 BOS 7-20-2021, 9. Public Comment BOS Rcvd 7-19-21, 10. Public Comment Rcvd 07-07-21, 11. FINAL Findings, 12. FINAL Conditions of Approval, 13. APPROVED STAMPED Exhibits, 14. RECEIPT Notice of Exemption, 15. FILED-Notice of Exemption
Related files: 21-0328

Title

HEARING - To consider a request from Verizon Wireless c/o Sara King, submitting for approval of the Appeal (CUP-A21-0001), to overturn the Planning Commission’s denial of CUP20-0006 for the approval of a cellular facility on the Oak Ridge High School Football Field. The subject property is identified by Assessor’s Parcel Number 121-190-022, located on the south side of Harvard Way, approximately 300-feet west of the intersection with Silva Valley Parkway, in the El Dorado Hills area, and staff recommending the Board take the following action:

1) Grant the appeal of the Planning Commission’s denial of the Oak Ridge High School Cell Facility, CUP20-0006, thereby approving the project.

(Supervisorial District 1)

 

FUNDING: Developer-Funded Cell Tower Improvements.

Body

DISCUSSION / BACKGROUND

The Planning Commission held a public hearing on March 11, 2021 and denied Conditional Use Permit CUP20-0006 for the proposed Verizon Wireless facility within the Oak Ridge High School football stadium (Planning Commission Legistar Item #21-0328) (Attachments A and D). The project proposes the removal and replacement of two existing 55-foot-tall football stadium light standards located along the eastern side of the football field with two 80-foot-tall light standards. The southeastern light standard, which includes nine antennas and supporting equipment in addition to stadium lights and speakers, will be incorporated into a 175-square-foot lease area and supported by separate ground equipment including back-up battery power units. The northeastern light standard will contain stadium lights and speakers only.

 

Following the Planning Commission denial of the project, the applicant, Verizon Wireless, formally filed this appeal of the commission’s action on March 19, 2021 within 10 working days (Attachments B and C). The Zoning Ordinance provides that the appeal of a Planning Commission decision be decided at a public hearing with the Board of Supervisors within 30-days of appeal submission. However, a tolling agreement has been agreed to and signed which extends this tolling timeframe through July 30, 2021.

 

Attachment E is staff’s memorandum which includes the Planning Commission’s Findings for Denial of the project, the Appellant’s response corresponding to the Findings with supporting information, and minutes of the public hearing. Based on the analysis of the appellant’s updated documentation submitted for this appeal, staff has found the provided information to be sufficient in response to the Planning Commission’s Findings for Denial. Staff recommends the Board of Supervisors grant the appeal CUP-A21-0001, thereby reversing the Planning Commission’s denial of the project, resulting in the approval of Conditional Use Permit CUP20-0006 for the proposed Verizon wireless facility at the Oak Ridge High School football stadium, subject to the revised Findings and Conditions of Approval for the project.

 

Attachments

A - PC Denial Findings

B - Appeal Submittal Packet

C - Appellant Supplied Letter

D - PC Hearing Minute Order 3-11-2021

E - Staff Memorandum with Related Updated Applicant Materials

 

ALTERNATIVES

The Board of Supervisors may also consider the following actions:

1) Deny the appeal, thereby upholding the denial of Conditional Use Permit CUP20-0006 for the proposed Verizon wireless facility, based on the Findings for Denial adopted by the Planning Commission and potentially revised by the Board of Supervisors.

2) Direct staff to remand project to the Planning Commission for further review, consideration, and determination of the appellant’s newly submitted documentation, provided that the applicant is willing to execute a new tolling agreement to allow for this additional time.

 

PRIOR BOARD ACTION

N/A

 

OTHER DEPARTMENT / AGENCY INVOLVEMENT

County Counsel, Department of Transportation, the El Dorado Hills Fire Department, and the Planning Commission.

 

CAO RECOMMENDATION

N/A. Pursuant to Section 2.13.050 of the County Code of Ordinances, the Chief Administrative Officer does not make recommendations on those items scheduled for public hearing through the Planning Commission.

 

FINANCIAL IMPACT

There is no net county cost associated with the proposed action.  The cellular facility improvements are funded by Verizon Wireless, the owner and development applicant.

 

CLERK OF THE BOARD FOLLOW UP ACTIONS

N/A

 

STRATEGIC PLAN COMPONENT

Economic Development, Infrastructure, and Good Governance: Implementation of this project aligns with the Economic Development, Infrastructure, and Good Governance goals of the County's Strategic Plan, as it would provide an expanded public utility service in El Dorado Hills.

 

CONTACT

Rob Peters, Deputy Director of Planning

Planning and Building Department