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THE CITY OF 111 pLEASANTONO CITY COUNCIL AGENDA REPORT December 16, 2008 Community Development Planning Division TITLE: PAP -128 (PAP- 126 /PDRW -6), JACOB REEVES/T- MOBILE, APPLICANT /APPELLANT CONSIDER AN APPEAL OF THE PLANNING COMMISSION'S DENIAL OF AN APPLICATION FOR DESIGN REVIEW APPROVAL FOR A T- MOBILE WIRELESS FACILITY AT THE EXISTING MCDONALD'S BUILDING LOCATED AT 3001 BERNAL AVENUE SUMMARY T- Mobile submitted an application to place wireless communications equipment within the tower element of the McDonald's building located at the Bernal/Valley /Stanley intersection. After considering several alternatives and requiring revisions to the design, the Zoning Administrator approved the proposal. The project was appealed to the Planning Commission by the Planning Commission Chair, Phil Blank, based on a concern that the proposed tower design was out of scale. Although the Planning Commission was sympathetic to T- Mobile's interest of maximizing coverage, they disagreed with the Zoning Administrator and felt that the solution impacted the visual integrity of the McDonald's building. Additionally, they were concerned that the placement of equipment at that location could, in the future, limit the uses that could be developed on the "Home Depot" site across the street. Therefore the Planning Commission denied the project (4 -1) overturning the Zoning Administrator's approval. T- Mobile believes that they have exhausted their potential alternatives and have developed a solution that does not negatively impact the design of the tower or the building. T- Mobile is also concerned about future service needs on the east end of Pleasanton and has noted that they already received complaints about poor reception due to large holes in the coverage area which would be remedied by the development of the proposed site. T- Mobile disagrees with the opinion of the Planning Commission and has appealed their decision to the City Council. PLANNING COMMISSION ACTION On September 24, 2008, the Planning Commission denied the design review application (4 -1), directing the applicant to look for alternative locations. The Commission believed that another location would be more visually acceptable. They also felt that it was important that the adjacent undeveloped parcel not be limited by the use restriction that would result from the establishment of the wireless facility which lies within 300 feet of the McDonald parcel. FINANCIAL STATEMENT No fiscal impact to the City or public services is anticipated. 18