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Discussion ensued regarding how the setback was determined. Staff noted that a lot of issues <br />were taken into consideration in making this determination, including different uses and <br />compatibility. Ms. Seto referenced the section oftbe staff report related to the Federal <br />Communications Commission Regulations which stated that the Telecommunications Act of <br />1996 specifically mandated that as long as a site meets the FCC requirements for the EMF <br />emissions, local agencies cannot take into consideration the alleged health effects of these <br />frequencies when making decisions about these types of applications. She noted that it is <br />appropriate to base a decision on issues such as the incompatibility of uses, visual impacts, and <br />impacts on property values. <br /> <br />Commissioner Maas stated that she also has concerns about the visual impacts of the proposal. <br /> <br />In response to question from Commissioner Sullivan, staff advised that it is also appropriate to <br />base a decision on the City's adopted ordinance that provides the 300-foot setback. <br /> <br />Chairperson Roberts noted that the antennas on the DSRSD building would appear completely <br />stealthy and the official expansion of the park came ai~er the proposal for the antennas. She <br />noted that she would be very concerned iftbe location was less than 300 feet from homes where <br />people spend permanent time or at a school. She noted that the park is a fenced field and the <br />time of usage of the park adjacent to the antennas is somewhat limited. She further noted that <br />there is a parking area, the Arroyo, and a drainage ditch between the actual playing fields and the <br />DSRSD building. <br /> <br />Commissioner Kameny noted that he concurs with Commissioner Maas. <br /> <br />Commissioner Sullivan noted that the committee's decision on the setback was a compromise for <br />a lot of people and it is important that the Commission pay attention to that. <br /> <br />Commissioner Sullivan offered an amendment to the motion requiring staff to work with <br />the applicants to come up with appropriate tree pole design. Commissioner Maas noted <br />that she would accept the amendment. <br /> <br />Commissioner Kameny offered another amendment recommending that staff look at the <br />stealth tower located on the west side of 1-680 at Stone Valley Road which looks like a pine <br />tree. <br /> <br />ROLLCALLVOTE <br /> <br />AYES: <br />NOES: <br />ABSENT: <br />ABSTAIN: <br /> <br />Commissioners Kameny, Maas, and Sullivan <br />Commissioners Arkin and Roberts <br />None <br />None <br /> <br />Resolution No. PC~2000-43 was entered and adopted as motioned. <br /> <br />PLANNING COMMISSION MINUTES August 9, 2000 Page 7 <br /> <br /> <br />