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Last modified
6/21/2016 1:29:57 PM
Creation date
10/30/2014 12:00:05 PM
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Resolutions
Number
13-06
Date
2006-02-16
Description
Adopting a Mitigated Negative Decalaration and Mitigation Monitoring and Reporting Program and Approving an Application for a Site Development Permit and Conditional Use Permit for a Wireless and Emergency Communications Facility (Consisting of Three Pairs of Panel Antennas and Five Emergency Communications Antennas Mountain on a 70- Foot Tall Artcicial Tree Pole and Associated Ground Equipment at Town Hall (26379 Fremont Road)
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reasonably foreseeable indirect physical change in the environment and that is either (a) <br />an activity undertaken directly by a public agency or by a person that is funded by a <br />public agency; and (b) an activity of a person requiring a lease, permit, license, certificate <br />or other entitlement <br />3. Notably, the Wireless Communications Facilities Policy does not require <br />that the "master plan applications" be approved in conjunction with the application for <br />the wireless communications facility. The Town has consistently interpreted the <br />requirement that the review of the 3-5 year master plan to not constitute an approval of <br />the plan or an obligation by the Town to approval any of the future sites shown on the <br />master plan application. Rather, if the applicant were to propose a facility on one of <br />those sites, it would be required to obtain a conditional use permit. Thus, the master plan <br />requirement is merely an informational tool to allow the Planning Commission and City <br />Council to understand the context in which they are considering the specific wireless <br />facility application. Given the master plan application requirement's mere informational <br />purpose, it has no potential for resulting in either a direct physical change in the <br />environment or a reasonably foreseeable indirect physical change in the environment. <br />Therefore, it is not a project under CEQA. Furthermore, under the Town's regulations <br />governing wireless communications facilities, the applicant is entitled to propose a <br />wireless facility at a location of its choosing, and the Town, in the course of considering <br />that application, must study the impacts of the proposed facility. There is no requirement <br />that the applicants submit blanket applications for all necessary facilities in the coming <br />years. Contrary to the commentator's perspective, the Town is not required to review the <br />environmental impacts of other locations and weigh them against the applicant's <br />proposal. Thus, the "project" for CEQA purposes is. limited to the particular wireless <br />communications facility for which an application has been submitted. <br />WHEREAS, CEQA provides a low threshold for preparation of an EIR. The <br />Town appropriately reviewed the project and comments submitted on the Mitigated <br />Negative Declaration under the fair argument standard to determine if there was <br />substantial evidence of a fair argument that the Project could have a significant effect on <br />the environment, thus requiring preparation of an EIR rather than the Mitigated Negative <br />Declaration. Using this standard, the Town determined that although the project may be <br />controversial, neither the Project as analyzed in the Mitigated Negative Declaration nor <br />public comments on the document created a fair argument that the Project may result in a <br />significant environmental effect. Therefore no EIR was required. The comments often <br />reflected disagreement with the project and varying opinions about its effects, but the <br />opinions were not supported by substantial evidence to meet the fair argument standard. <br />WHEREAS, preparation of a Mitigated Negative Declaration was appropriate <br />under CEQA because there is no substantial evidence that the project as mitigated could <br />result in significant or potentially significant environmental effects; and <br />WHEREAS, a staff report, dated January 19, 2006 and incorporated herein by <br />reference, described and analyzed the draft Mitigated Negative Declaration and the <br />Project for the Planning Commission. <br />2 <br />
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