Laserfiche WebLink
also discussed giving consideration to the Manteca's General Plan. On a unanimous vote <br /> the board of supervisors determined that it could not make finding No. 4 that"issuance of <br /> the permit would not be significantly detrimental to the public health, safety, or welfare, <br /> or be injurious to the property or improvements of adjacent properties." <br /> Law: <br /> 47 U.S.C. 332 (c)(7) (A)provides that except as contained in the act, there is no <br /> limit on the authority of a local government over decisions on the placement, <br /> construction, and modification of personal wireless service facilities. Congress intended <br /> that the traditional substantive prerogatives of local zoning authorities not be disturbed. <br /> MetroPCS, Inc. v. City and County Of San Francisco and the Board of Supervisors of the <br /> City of San Francisco, 400 F.3d 715, 724. (9'h Cir. 2005) <br /> Ordinance Code of San Joaquin County("OCSJC") 9-105.3 states that the <br /> purpose of the development code is, in part,to encourage the most appropriate use of <br /> land and the harmonious relationship among land uses and to conserve the County's <br /> natural beauty, to improve its appearance, and to enhance its physical characteristics. <br /> Accordingly, aesthetics is a proper factor to consider when implementing the <br /> Development Title. <br /> OCSJC 9-821.6 requires a finding that issuance of a Site Approval will not be <br /> significantly detrimental to the public health, safety, or welfare, or be injurious to the <br /> property or improvements of adjacent properties. <br /> OCSJC 9-1065.4 sets standards for construction of new wireless communications <br /> facilities. They include a requirement that antennas and supporting equipment be sited, <br /> to the extent feasible (and permitted by State and Federal law), to minimize visual <br /> impacts. <br /> OCSJC 9-1065.5 provides that unless the applicant shows that it is not feasible, <br /> the facility shall be collocated on an existing wireless communication facility, structure, <br /> building, or publicly owned or controlled property. <br /> Analysis: <br /> Approval of a Site Approval requires a series of findings, including a finding that <br /> the requested use will not be significantly detrimental to the public health, safety, <br /> welfare, or be injurious to the property or improvements of adjacent properties. OCSJC <br /> 9-821.6(d). The minutes of the Planning Commission hearing reflect that the majority of <br /> the Planning Commission determined that the use would be detrimental to the public <br /> health, safety,welfare, or be injurious to the improvements of adjacent property. <br /> Sufficient evidence was presented to support a conclusion that the tower would <br /> have a negative impact on the adjoining property and aesthetically constitute an eyesore, <br /> that the antenna was not sited to minimize the visual impact, and that the building of the <br /> 4 <br />