Reso 2025-008 Rejecting Appeal (PLN24-0040)

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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO RESOLUTION NO. 2025-008 REJECTING THE APPEAL (PLN24-0040) AND AFFIRMING THE PLANNING COMMISSION’S APPROVAL OF A CONDITIONAL USE PERMIT (PLN23-0031) TO BUILD AN 80-FOOT HIGH WIRELESS TELECOMMUNICATIONS FACILITY AT 440 PERALTA AVENUE WHEREAS, Tower Engineering Professionals (“Applicant”), applied for a Conditional Use Permit to build an 80-foot high Wireless Telecommunications Facility consisting of a monopole camouflaged as a pine tree and related equipment (the “Project”), at 440 Peralta Avenue, Assessor’s Parcel Number: 075-0225-001-04 (the “Property”); and WHEREAS, the Property is an L-shaped lot located at the west corner of San Leandro Boulevard and Peralta Avenue, has a Transit-Oriented Development Mixed Use (MUTOD) General Plan Land Use designation, and is located in the Downtown Area 2 (DA-2) Zoning District; and WHEREAS, the City’s adopted Housing Element identifies Property as a housing opportunity site with a realistic capacity of 117 units. Based on the size and location of the proposed Project, the Property could still accommodate a residential building with that number of units; and WHEREAS, on November 7, 2024 the Planning Commission reviewed the proposed Project, at which time all interested parties had the opportunity to be heard; and WHEREAS, on November 7, 2024 the Planning Commission voted to approve the Conditional Use permit for the project; and WHEREAS, an appeal of the Planning Commission’s decision was timely filed; and WHEREAS, a staff report dated January 21, 2025, and incorporated herein by reference, describes and analyzes the proposed Project; and WHEREAS, on January 21, 2025, the City Council held a public hearing to consider the proposed Project, at which time the applicant, appellant, and all other interested parties had an opportunity to be heard; and WHEREAS, the City Council has considered all public comments received, the presentation by City staff, the staff report and attachments in adopting this resolution; and WHEREAS, the City Council has determined that the proposed Project does satisfy the requisite Findings of Fact necessary for approval as described in the staff report and this Resolution; and WHEREAS, the City desires to affirm the Planning Commission’s approval of a Conditional Use Permit for the Project subject to the conditions of approval; and WHEREAS, the City’s General Plan, Zoning Code, and Municipal Code, are incorporated herein by reference, and are available for review at City Hall during normal business hours.