PC 03/25/1998 - Laserfiche WebLink

In summary, she feels that residential areas aze not properly zoned for wireless facilities and urged the Commission to approve the ordinance as submitted. Chair Cooper asked Ms. Tenbrink if she would feel the same way if she had a neighbor who wanted to transmit from their property or if her issue is that she does not want commercial uses in her residential neighborhood. She stated that she would not feel comfortable about with a neighbor doing that without first knowing what the RF output is. Commissioner Kumaran asked whether existing facilities would be subject to the 300-foot buffer requirement or whether the requirement would only comply to new sites. Mr. Iserson noted that the ordinance addresses pre-existing facilities and to the extent that they are non-conforming to the new ordinance, then they would have to be removed when their current lease expired. However, if they pre-existed the ordinance but do meet the standards, then the would be treated as if approved after the ordinance and would be allowed to stay indefinitely. Mr. Iserson also noted that under the ordinance each site would be subject to compliance review every five yeazs. In response to an additional question by Commissioner Kumazan, Ms. Iserson stated that there are currently two or three sites in the City that would be non-conforming under the ordinance. Ms. Eisenwinter referred Commissioner Kumaran to the section of the ordinance which addresses pre-existing, non-conforming uses which states that the City has an option to pay reasonable compensation to remove apre-existing, non-conforming facility. Commissioner Barker asked Mr. Iserson if the facilities would be conditional uses if there was no ordinance. He stated that they would remain permitted uses and would have to go through the design review process. RECESS TAKEN AT 9:00 P.M. RECONVENED AT 9:10 P.M. PUBLIC HEARING CONTINUED Karen Vemetti, Nextel Communications, 2906 Bayview Drive, Alameda, stated that she was a member of the Committee throughout the process. She thanked Jerry Iserson and Robin Eisenwinter for the hazd work. She stated that Nextel will be able to work with the ordinance. However, she expressed concern with the section relating to fees, and suggested that the Committee participate in selecting the technical expert. She also requested that a clause be included in Section 18.110.30 stating that if any use is out of compliance, they should be given notice and a time to cure and become under compliance again. With regard to Section 18.110.280, Amortization, she questioned who would determine the cost and feels that so many issues aze involved and that the issue should be further researched. Ms. Vemetti stated that Nextel agrees with the 300-foot buffer zone. However, she also agrees with GTE's response regazding the Telecommunications Act. She feels that if this ordinance is predicated on health issues, then all that needs to be done is to change the verbiage to aesthetics. She also feels that if the ordinance is not properly worded then somebody will sue the City. If that happens, then all applications will be delayed and the businesses will not get the sites they need. Commissioner Dove asked Ms. Vemetti how the verbiage should be changed. She responded that _. instead of predicating all of the decisions on health, it could be predicated on the aesthetics. Planning Commission Page 12 March 25, 1998