Staff Update

Commission Information items

1.   MINUTES OF APRIL 9, 2003 APPROVED WITH CORRECTIONS 5-0

2.    RESOLUTION RECOMMENDING APPROVAL OF ZONING TEXT AMENDMENTS ADOPTED AS AMENDED 5-0

PUBLIC HEARINGS

3.    APPLICATION FOR EXTENSION OF AN EXISTING TEMPORARY CONDITIONAL USE PERMIT TO OPERATE TWO (2) PUBLIC PAY PARKING LOTS IN DOWNTOWN TIBURON; Main Street Properties, Applicant; Assessor’s Parcel Nos. 058-171-82 and 058-171-88. APPROVED 5-0

4.    APPLICATION FOR A TIME EXTENSION FOR A PREVIOUSLY APPROVED CONDITIONAL USE PERMIT WHICH PERMITTED THE OPERATION OF A WIRELESS COMMUNICATIONS FACILITY ON PROPERTY LOCATED AT 1505 TIBURON BOULEVARD (TIBURON TOWN HALL); Sprint Spectrum LLP, applicant; Assessor’s Parcel No. 058-171 APPROVED 5-0. a040903

Future Agenda Items:

CIP Review and Recommendations – 05/14/03

Extend/Review CUP for WCF at 78 Main Street – 05/28/03 

1505 Tiburon Boulevard, Tiburon, California

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

ROLL CALL

Present: Commissioners Collins, Greenberg, Smith, Snow & Stein

Absent: None

Staff Present: Community Development Director Anderson, Planning Manager Watrous and Meeting Recorder Morales

PUBLIC QUESTIONS AND COMMENTS

Deirdre McCrohan, Ark Newspaper Reporter, informed the Commission of a Golden Gate Transit District meeting to be held on April 24, 2003 at which service cuts affecting the Tiburon Peninsula would be discussed.

COMMISSION AND STAFF BRIEFING

Community Development Director Anderson informed the Commission that the Revised Draft EIR for the Tiburon Glen project is expected to be released for public comment by mid-May. He also noted that the Future Agenda Items section of the Agenda did not reflect the parking and yard areas issue that was continued from the Zoning Text Amendment matter on the April 9, 2003 agenda. He said that the matter had been continued to May 14, 2003, at which time the Commission will also be hearing proposed revisions to the Town’s Secondary Dwelling Unit regulations, which must reflect the changes in State law going into effect on July 1, 2003.

Changes include:

Page 3, last paragraph, last sentence – Replace "Planning Commission’s" with "Planning Commission".

Page 5, fourth paragraph, second line – "Commissioner Collins . . . buildings would be affected by grandfathering issues."

Page 5, seventh paragraph, first sentence – "Commissioner Snow . . . process but it is also good to have criteria and he does not want to take responsibility away from the Design Review Board."

Page 5, last paragraph – Replace "log-term" with "long-term".

Page 6, sixth paragraph, last sentence – "She felt . . . when there is an increase in density by . . ."

Page 6, eighth paragraph, last sentence – "If there is a potential problem, she felt that the Town should educate people about this during the application process".

Page 7, second paragraph – "Language . . . adverse impacts on neighboring properties."

M/S, Stein/Snow, passed 5-0, to approve the minutes of April 9, 2003, as amended.

2. RESOLUTION RECOMMENDING APPROVAL OF ZONING TEXT AMENDMENTS

Planning Manager Watrous informed the Commission that minor changes had been made as suggested by Commissioners Collins and Greenberg. Those changes included: 1) adding the word "a" between "application for" and "detached two family dwelling exception"; and 2) replacing the word "adjoining" with "neighboring" under Section 2.05.04 (F)(5).

Commissioner Greenberg asked that the wording "and or streets" also be added at the end of the last sentence under Section 2.05.04(F)(5). Additionally, she asked that a time frame be specified under Section 2.05.04(G).

Commissioner Stein asked whether a letter should be sent indicating that the proposed ordinance would be somewhat altering the statutory duties of the Design Review Board and whether this is something Council should discuss with the Board. Commissioner Greenberg suggested that said matter be mentioned in the staff report, and the Commission agreed.

With no one in the audience wishing to comment on this mater, the item was opened and closed to public comment.

M/S Greenberg/Collins (5-0) to adopt the resolution recommending approval of the amendments to the Tiburon Zoning Ordinance to the Town Council, as amended.

PUBLIC HEARINGS

3. APPLICATION FOR EXTENSION OF AN EXISTING TEMPORARY CONDITIONAL USE PERMIT TO OPERATE TWO (2) PUBLIC PAY PARKING LOTS IN DOWNTOWN TIBURON; Main Street Properties, Applicant; Assessor’s Parcel Nos. 058-171-82 and 058-171-88

Community Development Director Anderson stated that the applicant was requesting a two-year renewal of the existing temporary Use Permit that allows unpaved parking lots, which have been in continuous use for many years. During the 2001 Use Permit renewal, the paving of the Tiburon Boulevard Parking Lot was considered, but the Commission agreed that a greater priority was improvement of the Main Street Parking Lot. The Main Street Lot was reconstructed in late 2001 at a cost of $244,000. Additionally, since the lot at 1555 Tiburon Boulevard (adjacent to Bell Market) has been identified as a potential site for affordable housing in conjunction with a drugstore, it is recommended that no new conditions be added on the permit relative to that lot.

Community Development Director Anderson also stated that improvements to the Tiburon Boulevard lot adjacent to the Town Hall were considered by the Town Council in 2001, but due to the estimated cost ($120,000), the Town instead decided to secure a lease from Main Street properties for Town Hall parking. Instead of requiring improvement of the parking lot, the Town required that landscaping be installed to continue the landscape theme of the Town Hall along the Tiburon Boulevard frontage. Although paving and improvement of the lot is not considered a high priority at this time, plans for improvement should be prepared at the time of the next permit renewal. Therefore, a two-year extension is recommended with the understanding that there will be an improvement plan formulated with submittal for the next extension, with the improvement work to be completed by the end of 2006.

The public hearing was opened. No one wished to speak and the hearing was closed.

M/S Stein/Snow (5-0) to adopt the Resolution granting a two-year time extension of the temporary Use Permit for the two parking lots.

4. APPLICATION FOR A TIME EXTENSION FOR A PREVIOUSLY APPROVED CONDITIONAL USE PERMIT WHICH PERMITTED THE OPERATION OF A WIRELESS COMMUNICATIONS FACILITY ON PROPERTY LOCATED AT 1505 TIBURON BOULEVARD (TIBURON TOWN HALL); Spring Spectrum LLP, applicant; Assessor’s Parcel No. 058-171-90

Planning Manager Watrous stated that the proposal was for a use permit extension that was originally approved in 1997 for one year and extended for five years in 1998. The equipment cabinets are located on the second floor of the Town Hall and the antennas on the corners of the clock tower. No complaints or comments have been received. A radiation frequency report conducted in 1999 indicates that the facility complies with FCC standards. He then noted that the Interim Standards and Criteria for telecommunication facilities states that this type of permit can be granted for one year then extended for five years, but does not address the issue of additional extensions. Therefore, Staff recommends that the five-year extension be granted, but asked whether the Commission should hold a separate discussion with regards to potential updates to language in the Interim Standards and Criteria.

In response to Chair Smith, Community Development Director Anderson explained that preliminary determination regarding CEQA Guidelines was the result of the recent update of the local CEQA Guidelines. The issue was that if a CEQA determination was made by Staff before public hearing it was a closed issue. Therefore, a preliminary determination can be made by Staff and ratified by the Planning Commission.

Chair Smith also asked whether the required sign warning workers that frequencies in close proximity to the antennas could exceed FCC standards had been posted. Planning Manager Watrous responded that it had not for various reasons, i.e., access is very limited, FCC standards would only be violated within two inches behind the antenna, and the aesthetics of the clock tower. Therefore, posting of the sign was not required.

Greenberg questioned whether the radiation frequency report was a standard letter or whether it was actually based on factual evidence.

In response to Commissioner Collins, Planning Manager Watrous stated that the benefits to Town from leasing to Sprint were secondary. The Town granted a lease because the location was deemed suitable to provide service to the community due to the height of the tower and it is located in a non-residential area.

The hearing was opened to public comment.

Julie Skidmore, representing Sprint PCS, introduced Alex Curtis, Sprint’s radiation frequency engineer. Mr. Curtis stated that the mathematical model conducted the week before concluded that in order to incur 100% of the maximum permissible exposure levels an individual would have to be directly within 1.83 feet of the front of the antenna.

In response to Chair Smith, Mr. Curtis stated that the facility was not physically measured since 1999 because the power has not changed. Ms. Skidmore further clarified that when there is no change in power or the antenna, there is no need to conduct measurements. However, Ms. Skidmore noted that measurements are conducted if required as a condition of approval.

Commissioner Collins stated that information based on actual measurements would have been very helpful. Commissioner Collins then asked whether there has been a change in technology since the facility was installed in 1998 and Ms. Skidmore responded that that the same equipment and antennas were being used for this type of facility. In other words, if the facility was to be installed at this time, the same equipment and antennas would be used.

Ms. Skidmore responded to Chair Smith that if FCC standards changed, Sprint would have to comply immediately.

In response to Commissioner Greenberg, Planning Manager Watrous listed the other telecommunication facilities that have been installed in Tiburon since the subject facility was approved. He noted that cumulative radiation frequency reports would not be necessary, due to the distance between facilities, as the radiation frequency drops off so fast over distance. The closest facility to Town Hall is a quarter of a mile away.

Mr. Curtis stated that based on the current demand the facility had an additional five years of growth. If the demand was to exceed that expected, he said that another frequency would be necessary. However, given the size of the coverage area, he did not anticipate such a need.

The hearing was closed to public hearing.

Commissioner Greenberg supported approving an extension, but asked for actual radiation frequency measurements to insure that the facility is operating properly. She also said that although the original conditions of approval required landscaping around the generator for screening purposes, she felt that the existing landscaping was deficient. She asked that this condition be strengthened in order to provide adequate landscape screening. Commissioner Stein concurred, further stating that measurements were necessary to reassure the public.

Ms. Skidmore stated that Sprint would have no problems with the additional requirements.

M/S, Greenberg/Snow, passed 5-0, to grant a five-year extension for the conditional use permit, with additional conditions of approval requiring the preparation of a radiation frequency report and installation of additional screening landscaping for the generator.

ADJOURNMENT

The meeting was adjourned at 8:10

______________________________

PAUL SMITH, CHAIR

Tiburon Planning Commission

ATTEST:

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SCOTT ANDERSON, SECRETARY