Exhibit F
Notice of Action
CITY OF FRESNO
PLANNING AND DEVELOPMENT DEPARTMENT
NOTICE OF GRANTING SPECIAL PERMIT
CONDITIONAL USE PERMIT APPLICATION NO. P21-06304
NOTICE IS HEREBY GIVEN that the Director of the Planning and Development Department, in accordance with Special Permit Procedures of the Fresno Municipal Code Section 15 -5009, has approved Conditional Use Permit Application No. P21-06304 filed by Tricia Knight of TEK Consulting Inc. on behalf of Verizon Wireless and pertains t o the 0.55 acres located at 640 R St. The applicant proposes the installation of a new 80-foot mono-pine cell tower with (9) panel antennas and (12) radio units; and construct an associated 688 square foot ground lease area. The proposal also includes a determination that the project is exempt from the California Environmental Quality Act (CEQA) through a Class 3 and Class 32 Categorical Exemption dated February 24, 2022.
The property is zoned DTN / AH (Downtown Neighborhood / Apartment House). The special permit has been granted subject to compliance with the Conditions of Approval, dated February 24, 2022. This document is available for review at the Planning and Development Department, located at 2600 Fresno Street, 3rd Floor, Fresno, California 93721.
Conditional Use Permit Application No. P21-06304 was granted subject to the following Findings per Fresno Municipal Code Section 15-5306
A.) The proposed use is allowed within the applicable zoning district and complies with all other applicable provisions of this Code and all other chapters of the Municipal Code.
Finding A: The proposed use of a wireless telecommunication facility is allowed as a conditionally permitted use within the DTN/AH (Downtown Neighborhood/Apartment House) zone district.
Furthermore, the use is in compliance with the Fresno Municipal Code, the applicable requirements under the Policies and Procedures Issue No. 33 for Wireless Telecommunication Facilities, and FCC regulations.
B.) The proposed use is consistent with the General Plan and any other applicable plan and design guideline the City has adopted.
Finding B: The proposed wireless telecommunication facility, as conditioned, has been found to be consistent with the Downtown Neighborhoods Community Plan and the applicable Goals and Policies of the Fresno General Plan as follows:
Goal 12: Resolve existing public infrastructure and service deficiencies make full use of existing infrastructure, and invest in improvements to increase competitiveness and promote economic growth.
The wireless telecommunications facility is being proposed to enhance the level of wireless coverage and service for the surrounding residents. The COVID-19 pandemic demonstrated a need for greater reliable coverage for residents to attend work and school remotely.
Goal 15: Improve Fresno's visual image and enhance its form and function through urban design strategies and effective maintenance.
The tower will be conditioned to be comprised of high quality materials which closely resemble pine tree foliage. The faux -foliage must be approved by the Planning Department to ensure the tower will closely resemble a tree. Dependent on the location on the tower, the tower mounted equipment will be painted or covered in needle socks to ensure the tower closely resembles a tree. The ground lease area will have a CMU wall with anti -graffiti paint and landscaping will be planted around the compound. The overall design shall be aesthetically pleasing.
C.) The proposed use will not be substantially adverse to the public health, safety, or general welfare of the community, nor be detrimental to surrounding properties or improvements.
Finding C: The proposed use, as conditioned, will not be substantially adverse to the public health, safety, or general welfare of the community, nor be detrimental to surrounding properties or improvements in that;
• The use follows applicable Policies and Procedures Issue No. 33 which establishes procedures to promote quality and consistency in the approval of wireless telecommunication facilities; • The 80-foot-tall mono-pine cell tower will be aesthetically pleasing and the tower’s appearance will be conditioned to be well kempt;
• All facility ground equipment will be hidden behind a walled enclosure that will effectively screen it from public view;
• The facility’s Electromagnetic Fields and Radio Frequency exposure levels will operate in compliance with the FCC regulations;
• The facility will not create significant effects relating to traffic, noise, air quality, or water as this self- operating facility will not generate excessive vehicle traffic or foot traffic; and • The facility will operate in compliance with the noise level requirements specified under Section 15-2506 of the Development Code.
D.) The design, location, size, and operating characteristics of the proposed activity are compatible with the existing and reasonably foreseeable future land uses in the vicinity.
Finding D: The design, location, size, and operating characteristic of the proposed activity as conditioned are compatible with the existing land uses in the area which are residential single family condominium homes to the North, the light industrial and commercial uses to the West and South, and the State Route 41 freeway to the east. The facility will be located directly across from a vacant building on the property in the corner of an outdoor storage area. The ground lease area will be surrounded with landscaping and the mono-tree design will aesthetically disguise the tower.
The location of the wireless telecommunications facility will be placed in an open area that will not hinder or prevent any future land use proposal on the property as the site has adequate space to accommodate additional development consistent with the zone district.
E.) The site is physically suitable for the type, density, and intensity of use being proposed, including access, emergency access, utilities, and services required.
Finding E: The type, density, and intensity of the proposal are suitable for the site. The wireless telecommunication facility will be within a 668 square-foot lease area surrounded by landscaping, and will be adequately served by existing streets that provides emergency access, utilities, and services required subject to compliance with Conditions of Approval dated February 7, 2022.
F.) The proposed use is consistent with the Fresno County Airport Land Use Compatibility Plan (as may be amended) adopted by the Fresno County Airport Land Use Commission pursuant to California Public Utilities Code Sections 21670 - 21679.5.
Finding F: The project is not located within any safety zone of the Fresno Yosemite International Airport, the Fresno Chandler Executive Airport, or the Sierra Sky Park Airport.
NOTE: A Notice of Intent to Take Action (Neighborhood Notification) was sent to surrounding property owners within 1,000 feet of the subject property on January 18, 2022, pursuant to the requirements of Section 15-5007 of the Fresno Municipal Code.
This special permit approval will not become effective until 15-days from the date the permit was granted in order to allow time for any interested parties to file an appeal. In the event you wish to appeal the Director's decision, you may do so by filing a written appeal by email to the following; [email protected] (cc the Planner identified below) or mailed to the address noted below.
The appeal must include the appellant's interest in, or relationship to, the subject property, the decision or action appealed, specific reason(s) why the appellant believes the decision or action should not be upheld. Said appeal must be submitted to this office prior to close of business on March 11, 2022.
For additional information regarding this project, contact Steven Martinez, Planner , Planning and Development Department, 2600 Fresno Street, Fresno, California 93721-3604, by phone at (559) 621- 8047 or via e- mail at [email protected]. Si necesita información en Español, comuníquese con McKencie Perez al teléfono (559) 621- 8066 or por correo electronico a [email protected].
PLANNING AND DEVELOPMENT DEPARTMENT
Jennifer K. Clark, AICP, Director
Dated: February 28, 2022
Assessor’s Parcel No. 468-114-17