File #: 25-020    Version: 1 Name: Appeal of PC Approval of PLN23-0031 CUP 80-ft high Wireless Telecom Facility at 440 Peralta Ave
Type: Staff Report Status: Agenda Ready
In control: City Council
Meeting Date: 1/21/2025 Final action:
Enactment date: Enactment #:
Title: Adopt a Resolution to Reject an Appeal (PLN24-0040) by Wayne D. Russo (appellant) of the decision of the Planning Commission to Approve a Conditional Use Permit (PLN23-0031) to build an 80-foot high Wireless Telecommunications Facility (monopole camouflaged as a pine tree and related equipment) at 440 Peralta Ave and to Affirm the Planning Commission's approval of the Conditional Use Permit. APN: 075-0225-001-04. Zoning District: DA-2. Applicant: Tower Engineering Professionals. Property Owner: Donald R. and Jo A. Lee Trust. Appellant: Wayne D. Russo
Attachments: 1. A - Draft Resolution (Appeal PLN24-0040), 2. A - Exh A - Project Statement, 3. A - Exh B - Project Plans, 4. B - Appeal Application and Jan 6 Letter_PLN24-0040, 5. C - Planning Commission Staff Report PLN23-0031, 6. C - Att 1 PC Resolution 24-010_PLN23-0031, 7. C - Att 1_Exhibit A_Project Statement_PLN23-0031, 8. C - Att 1_Exhibit B_Project Plans_PLN23-0031_REDUCED, 9. C - Att 2 Vicinity Map_PLN23-0031, 10. C - Att 3 Development Regulations_PLN23-0031, 11. C - Att 4 Photo Sims_PLN23-0031, 12. C - Att 5 EME Report_PLN23-0031, 13. C - Att 6 Five-Year Plan_PLN23-0031, 14. C - Att 7 Alternative Sites Analysis_PLN23-0031, 15. C - Att 8 Public Comments_PLN23-0031, 16. D - Planning Commission Resolution 2024-010, 17. E - Summary of Public Noticing, 18. F - Applicant Response
Related files: 25-001, 24-496
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Title
Adopt a Resolution to Reject an Appeal (PLN24-0040) by Wayne D. Russo (appellant) of the decision of the Planning Commission to Approve a Conditional Use Permit (PLN23-0031) to build an 80-foot high Wireless Telecommunications Facility (monopole camouflaged as a pine tree and related equipment) at 440 Peralta Ave and to Affirm the Planning Commission's approval of the Conditional Use Permit. APN: 075-0225-001-04. Zoning District: DA-2. Applicant: Tower Engineering Professionals. Property Owner: Donald R. and Jo A. Lee Trust. Appellant: Wayne D. Russo

Staffreport
SUMMARY AND RECOMMENDATIONS

The applicant requested approval of a Conditional Use Permit to build a new Wireless Telecommunications Facility at 440 Peralta Avenue. The Wireless Telecommunications Facility would consist of a freestanding 80-foot high monopole designed to resemble a pine tree ("monopine") and related equipment. The Planning Commission approved the Conditional Use Permit after a duly noticed public hearing on November 7, 2024 by a vote of 7-0. On November 20, an appeal of the Planning Commission's decision (PLN24-0040) was timely filed by Wayne Russo, the owner of the property adjacent to the subject property where the facility is proposed. This appeal hearing was scheduled in accordance with the requirements of the San Leandro Zoning Code. The Zoning Code requires the hearing to be held within 60 days of the date the appeal was received. The 60th day was Sunday, January 19. Because the appeal is being heard on the first business day after the 60th day, the appeal is still timely. Staff recommends that the City Council adopt the attached Resolution, rejecting the appeal and affirming the Planning Commission's approval of the Conditional Use Permit (PLN23-0031), based on the recommended Findings of Fact and subject to the recommended Conditions of Approval.

BACKGROUND AND RELATIONSHIP TO SURROUNDING AREA

The project site is 440 Peralta Avenue, a 57,784 square foot parcel in the DA-...

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