3 BELVEDERE TENNIS CLUB/NEXTEL COMMUNICATIONS, 700 TIBURON BOULEVARD; CONDITIONAL USE PERMIT; REVIEW OF PERMIT TO OPERATE A WIRELESS COMMUNICATIONS FACILITY; Belvedere Tennis Club, owners; Nextel Communications, applicant; Assessor’s Parcel No. 055-201-36. APPROVED 5-0

F. ADJOURNMENT 8:15 PM a031302

103 Reed Ranch Road - March 27 meeting

PLANNING COMMISSION

March 13, 2002

Regular Meeting

Town Council Chambers

1505 Tiburon Boulevard, Tiburon, California

Chair Stein called the meeting to order at 7:30 p.m.

A.    ROLL CALL

Commissioners Present: Chair Stein, Commissioners Berger, Fredericks, Smith and Snow

Commissioners Absent: None

Staff Present: Senior Planner Watrous and Meeting Recorder Flanagan

B.    PUBLIC QUESTIONS AND COMMENTS   There were none.

C.    COMMISSION AND STAFF BRIEFING

Senior Planner Watrous noted a joint workshop with the Planning Commission, Town Council and Design Review Board will be held in April to discuss items such as solar panel installations.

D.    CONSENT CALENDAR

1.    MINUTES OF FEBRUARY 13, 2002

Changes Include:

Page 3, 2^nd paragraph to state, "…than the other docks because of existing rock."

Page 4, 2^nd paragraph to state, " seawall helps to screen." Also, "…BCDC is unlikely to approve a deck on the residence."

2. MINUTES OF FEBRUARY 27, 2002

Changes include:

Page 3, 2^nd paragraph, to state, "…concern about privacy issues."

Page 4, first line, to state, "…was that this accessory dwelling."

Page 5, 2^nd paragraph, to state, "…were built the same time as the house."

5^th paragraph to state, "…since specific requests for increased square footage had been made."

Page 6, 3^rd paragraph from the bottom, start a new sentence to state, "This site and the Owls Wood Road could not accommodate more parking." The first sentence to state, "…additional bedroom implies the potential for an…"

M/S, Berger/Snow, passed, 4-0-1 (Smith abstained), to approve the minutes as amended.

E.    PUBLIC HEARINGS

3. BELVEDERE TENNIS CLUB/NEXTEL COMMUNICATIONS, 700 TIBURON BLVD; CONDITIONAL USE PERMIT; REVIEW OF PERMIT TO OPERATE A WIRELESS COMMUNICATIONS FACILITY; Belvedere Tennis Club, owners; Nextel Communications, applicant; Assessor’s Parcel No. 055-201-36.

Senior Planner Watrous reviewed the Staff report. He noted the report should be corrected to state there is one antenna on each light standard. He said that no comments have been received regarding visual impacts of the antennas; however, an employee in the Pro Shop has reported he has suffered from headaches since the antennas began operating. An updated electromagnetic frequency report indicates the operation is well within FCC health standards.

The public hearing was opened.

Tom McIver, representing Nextel Communications, stated that it may be difficult to move an antenna to a different location on the site because of the concerns raised regarding potential visual impacts during the review of the original application. He is not unwilling to discuss moving the antennas, but not if the relocation does not overcome the concern of the employee who has voiced the complaint. In response to questions, he added that in order to maintain the operational characteristics, the only place the antenna could be moved would be to install a pipe nearer to the east side of the radio equipment shed and mount the antenna on the pipe. He is concerned that he would have to go through another public hearing process that could take years to receive approval if the antennas were to be moved. He asked that the permit be granted for five years.

Commissioner Snow asked if the Town would incur liability from the antenna if the Town, in authorizing the permit, was made aware of a health concern, even though the antenna is operating within acceptable FCC regulations. Senior Planner Watrous responded that is the reason a radiation frequency study is required after a system is in operation. He added, the FCC stated cities cannot deny an application based on health concerns if the facility complies with the FCC standards.

Brian Lantier, 141 Sugarloaf Drive, President of the Belvedere Tennis Club, complimented Nextel on its responsiveness and willingness to consider alternative sites. He feared that a new pole location would open a Pandora’s box for those who want to attack the club. He said that the club only recently became aware of the alleged health concerns. He clarified that the complainant is not an a club employee; rather, he is an independent contractor who spends most of his time on courts far from this antenna. Mr. Lantier suggested that if the Planning Commission wants the antenna moved, it would be easier to move the pro shop. The employee who spends a fair amount of time in the shop is satisfied and would provide that statement in writing. In response to questions, Mr. Lantier stated that Nextel camouflaged the antennas very well and the club has received no complaints.

Bruce Auld, 7 Palmer Court, stated that the overall impact of the antennas has been minimal, and suggested the club should move the antenna to reduce the liability of the Town. He noted that the club’s nearest neighbor would also liked the antennas moved further away.

There being no further comment, the public comment period was closed.

Commissioner Berger stated, given that the radiation is 1.7 percent of the occupational limit set by the FCC, the Town would not be liable for any impacts. While moving the pro shop sounds like a good solution, it is the club’s business.

Commissioner Smith stated this issue has been exhaustively studied and given the radiation levels here, the Commission cannot make rational changes based on the health concerns raised by the employee.

Chair Stein asked Senior Planner Watrous what factors the Planning Commission should use to determine if a permit should be extended one or five years. Senior Planner Watrous responded that the Town usually would require more frequent review if there were some specific issues that had not been addressed or issues that might create problems. In most cases, if the applicant is in compliance with the permit and there are no major concerns, the longer review period is approved.

Commissioner Smith asked what action could be action taken if the FCC standards change during a five-year review period. Senior Planner Watrous responded that if the standards were maintained by the FCC and applied to existing facilities, the applicants must comply with the standards.

Commissioner Greenberg stated that the idea of mounting the antenna on a new pole is not appealing. She is not completely confident in the FCC standards. In this case, there is the perception of an individual that there are problems. If the standards change and are not made retroactive, the Planning Commission would not have recourse; hence, she would like the resolution to include a requirement that if the FCC standards are changed, that the new standards would apply to this facility.

Chair Stein suggested that if the FCC standards are made more restrictive, the permit should be reviewed again by the Planning Commission and another radiation frequency study should be performed to assess compliance with the new standards.

F.    ADJOURNMENT

Having no further business, the Commission adjourned at 8:15 p.m.

 ______________________________

STEVE STEIN, CHAIR

Tiburon Planning Commission

 ATTEST:

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SCOTT ANDERSON, SECRETARY