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concerned about its proximity to the vacant lot. He inquired whether the 300 feet regulation is a City or a State Code, if it applies to children and seniors, if it applies to children who come in for an hour's class in a Tai Kwon Do studio, or if it applies only if they are there for about six hours. Ms. Seto replied that it is a city ordinance. She added that she believed the buffer from City parks was 150 feet. Commissioner Fox stated that it refers to a licensed childcare facility. She noted that it would apply to a church with apre-school or childcare center as well as to centers for seniors. Ms. Seto stated that under Federal law, cities cannot set their own regulations about radio frequency emissions. She noted that at the time the ordinance was developed, the City had decided that because there were concerns about sensitive populations and perceptions of exposure levels, the 300-foot setback would be reasonable. She added that at that time staff had met with the various wireless carriers, and they were agreeable to that 300 feet for just those particular types of uses. Commissioner O'Connor questioned what kind of senior use was referred to. Ms. Seto replied that typical uses would be where people might be there for long periods of time. She noted that even if the area is zoned commercial, an assisted living center where people are living would be considered the type of use affected. Commissioner O'Connor inquired if a senior day care would apply as well. Ms. Seto, said yes, in the same way that a children's daycare center would be. Commissioner Narum inquired if a senior center would fall under that category; Ms. Seto said yes. She added that it is also typically a City park because of the park area around it. Commissioner Fox moved to uphold the appeal PAP-126, thereby overturning the Zoning Administrator's decision and denying Case PDRW-6. Commissioner Pearce seconded the motion. The applicant made a gesture that he wanted to speak. Commissioner Narum noted that the applicant has been at the meeting for 3'/ hours and suggested that out of courtesy he be allowed to speak. THE PUBLIC HEARING WAS RE-OPENED. With respect to the alternatives of going to the storage units, Mr. Reeves stated that they had looked at those sites and that they would be facing the same issue. He noted that the only thing that will be allowed in a slim line model is the PP Alternative, which gives them less coverage than the capacity issues there. He inquired if there were a better way to compromise and indicate that if someone does PLANNING COMMISSION MINUTES, September 24, 2008 Page 37 of 41