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HomeMy WebLinkAboutPC Reso05-40 Wireless Faclty SDR DENIED RESOLUTION NO. 05 - 40 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN DENYING A SITE DEVELOPMENT REVIEW REQUEST WITHOUT PREJUDICE FOR AN UNMANNED WIRELESS COMMUNICATION FACILITY LOCATED AT 11555 SHANNON AVENUE (ST. RAYMOND'S CHURCH) APN 941-0102-001-20 P A 04-052 WHEREAS, the Applicant, James Singleton of CalCom Systems, on behalf of Verizon Wireless, has requested approval of Site Development Review to construct an unmanned wireless telecommunications facility within the existing steeple at St. Raymond's Church, including six, 52-inch panel antennas to be mounted inside the existing steeple; a 16' x 16' (256 square foot) equipment enclosure with two GPS antennas mounted to the inside wall of the enclosure; a 18'-6" x 13'-8" (253 square foot) generator enclosure; and, the construction of a new trash enclosure for the church facility; and WHEREAS, the Applicant submitted an application for Site Development Review on September 29,2004; and WHEREAS, a Public Notice was sent out for public comment on the project; and WHEREAS, the public comment period was between May 24, 2005 and June 2, 2005 during which time public comments were received via telephone and in writing; and WHEREAS, based on the public comments received it was determined that Section 8.92.030.C of the Dublin Zoning Ordinance prohibits Wireless Communication Facilities on private property in residential zoning districts; and WHEREAS, the Community Development Director elected to not take action on the project at the close of the public comment period; and WHEREAS, the Zoning Ordinance does not require a public hearing for Site Development Review however, the Zoning Ordinance allows an application to be referred to another decision maker at any point in the project review process; and WHEREAS, the Director of Community Development transferred original hearing jurisdiction to the Planning Commission at his discretion because of policy implications and unique or unusual circumstances; and WHEREAS, the Planning Commission did hold a Public Hearing on said project application on July 12, 2005; and WHEREAS, proper notice of said Public Hearing was given in all respects as required by law; and WHEREAS, a Public Hearing Notice was mailed to all adjacent property owners and tenants within 500 feet of the project site; and WHEREAS, a Staff Report was submitted to the Planning Commission recommending denial of said application; and WHEREAS, the Planning Commission did hear and use their independent judgment and considered all said reports, recommendations, and testimony hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED THAT THE Planning Commission of the City of Dublin does hereby make the following findings and determinations regarding said Site Development Review: A. Approval of this application would not be consistent with all requirements of the Zoning Ordinance as Section 8.92.030.C prohibits wireless communication facilities on private property within residential zoning districts and the project site is located on private property within an R-1, Single Family Residential zoning district. PASSED, APPROVED AND ADOPTED this 12th day of July, 2005. AYES: Chair Schaub, Cm. Fasulkey, King, and Wehrenberg NOES: ABSENT: Cm. Biddle ABSTAIN: ~#døL- Planning Commission Chair -- ATTEST: , . 'JV//~ _.-/Jln Planning Man'ager 2