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HomeMy WebLinkAboutCUP 184B; Daniels Cablevision Building Expansion; Conditional Use Permit (CUP) (2)TO: Planning Director FROM : City Attorney CELLULAR COMMUNICATIONS FACILITIES Thank you for your Request for Legal Advice regarding this subject which I received on April 1, 1991. You have asked whether or not cellular communication facilities can be classified as accessory public or quasi-public utilities buildings or facilities under CMC §21.42.010(2)(J). That section allows accessory public and quasi- public utility buildings and facilities and necessary apparatus or appurtenances in all zones upon obtaining a conditional use permit. Cellular communication facilities are utilities regulated by the Public Utilities Commission. (See attached memorandum dated April 4, 1991). There is, therefore, no need to create a separate definition and land use category for such facilities and services unless you feel that they should be excluded entirely from a particular zone as the letter from Lettieri-McIntyre and Associates of February 28, 1991 seems to suggest. Should you have any questions regarding the above, please do not hesitate to contact me. RONALD R. BALL Assistant City Attorney rmh attachment