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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 build in the vacant property, they can file for an exception and be have them decide if they want to be within the 300 feet. Chair Blank stated that the Commission must uphold the Municipal Code and this is part of what the Commission will be voting on. He added that he does not believe anyone would be able to get an exception to that. Mr. Reeves showed a picture of the other McDonald's site with the same tower element housing a wireless antenna facility. Chair Blank inquired where this is located, and Ms. Hoshen replied that it is in Moreno Valley east of Riverside. Mr. Reeves stated that it would be the same archway design with a top and would have a low impact visually compared to having another pole up in the air. He presented an aerial view of the poles in the storage facility area; one at 20 feet and the other at 18 feet. EXCERPTS: PLANNING COMMISSION MINUTES, September 24, 2008 Page 9 of 10