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ATTACHMENT 4 PAP -126, Phil Blank, Appellant (PDRW -6, Kelly Pepper/Town Consulting, for T- Mobile, Applicant) Appeal of the Zoning Administrator's approval for design review to redesign the existing tower to house a wireless facility for T- Mobile to be located at the existing McDonald's building located at 3001 Bernal Avenue. Zoning for the property is PUD -C (Planned Unit Development Commercial) District. Ms. Soo presented the staff report and discussed the background, scope, and key components of the project. Commissioner Fox stated that she was going to appeal this project as well and had forwarded questions to Ms. Soo regarding the Trails Master Plan and the distance of the Iron Horse Trail right -of -way. She inquired if, given the provision of the Wireless Facility Ordinance prohibiting the location of wireless facilities within 300 feet of parks, the East Bay Regional Park District (EBRPD) Iron Horse Trail right -of -way was considered a park. Ms. Soo clarified that the Trail is not considered a park, and trails are not specified in the City's requirement as such. Commissioner Fox inquired how far the Iron Horse Trail right -of -way was from the existing McDonald's building. Ms. Soo replied that the applicant's engineers had looked into this. Commissioner Fox the inquired how far the Beth Emek Childcare Center was, and Ms. Soo indicated that based on the aerial map, it is over 400 feet and, therefore, beyond the 300 -foot radius. In response to Commissioner Fox's inquiry regarding whether 3P Party Place along Bernal Avenue is a childcare center, Ms. Soo replied that the business has relocated to Springdale Avenue. In response to Commissioner Fox's inquiry regarding how far the BMX Park is from the project site, Ms. Soo replied that she did not know the exact distance but that it was much farther east and believed it was over 300 feet. Commissioner Fox noted that when she drove to the corner from the BMX Park, her car odometer did not turn over .1 of a mile. She stated that based on that, she thought the park was less than 520 feet away and inquired this was considered a community park. Ms. Decker noted as reference points that roadway width is 48 -50 feet, the intersection at Stanley Boulevard and Bernal Avenue is approximately 75 feet, and the cul -de -sac on Nevada Court is 55 feet. She stated that based on these distances, the BMX Park would be over 300 feet away from the site. Chair Blank stated that he believed the BMX Park was closer to the site than Beth Emet. Commissioner Narum stated that there was a vacant area between the EBRPD property and the PG &E transformer. She indicated that she was Chair of the Parks and EXCERPTS: PLANNING COMMISSION MINUTES, September 24, 2008 Page 1 of 10