SUBJECT: FILE #19705: TIME EXTENSION FOR A CONDITIONAL USE PERMIT TO

Address: 1505 Tiburon Boulevard

Assessor’s Parcel Number: 58-171-90

File Number: 19705

Lot Size: 12,500 square feet

General Plan: Public/Quasi-Public

Zoning: P (Public/Quasi-Public)

Current Use: Single-Family Residential

Owners: Town of Tiburon

Applicant: Sprint Spectrum, LLP

PROJECT DESCRIPTION

A wireless communications facility has been established on property located at 1505 Tiburon Boulevard (Tiburon Town Hall). The facility includes six (6) panel antennas installed within the clock tower of Town Hall. In addition, equipment cabinets have been installed within the building. The facility is used for the transmission of Personal Communications Services (PCS) signals, which are utilized by a variety of paging communications devices. The signals allow the transmission of voice messages which are received through paging equipment, along with normal paging messages.

On May 14, 1997, the Planning Commission adopted Resolution No. 97-10 (Exhibit 2) permitting this facility for a period of one year. On September 9, 1998, the Planning Commission adopted Resolution 98-18 (Exhibit 3), extending the permit for five additional years, until May 14, 2003. As this time extension is set to expire, the applicant has now requested a further time extension for this permit.

 ANALYSIS

Site Conditions

The antennas are attached to the corner supports of the clock tower, with additional panels attached to extend between the antennas and the top and base of the tower. The antennas and panels have been painted to blend in with the clock tower and the remainder of the building. The equipment cabinet for the antennas has been installed within an existing equipment room located on the second floor of the building. A generator has been installed behind the building and enclosed with redwood fencing to match several other accessory portions of Town Hall. A global positioning antenna has been attached near the peak of the roof on the east side of the building.

Since the approval of this permit, Town Staff has no complaints, and has received no complaints from the public, regarding this wireless communications facility. The panel and global positioning antennas are barely visible, and likely go unnoticed by most passersby.

As part of the original approval of this permit, the applicant was required to post financial securities for maintenance and future dismantling of the facility, and to pay for the cost of preparing electromagnetic frequency radiation reports evaluating the conformance of the facility with applicable health standards adopted by the Federal Communications Commission (FCC). The applicant was also required to enter into a standard performance agreement with the Town. The applicant has posted the required securities and entered into this agreement.

A radiation report (Exhibit 10) was prepared on March 5, 1999. The report evaluated the facility, and concluded that the facility was operating in compliance with all relevant FCC standards for such a facility. According to the study, the maximum ambient radiation frequency (RF) levels on the roof of Town Hall were 0.42% of the applicable public limit for PCS frequencies. The maximum RF levels at ground level outside the building were 0.0085% of the most restrictive public limit. The maximum RF levels on the first floor of Town Hall and in the transmitter room were 0.0013% of the most restrictive public limit.

The applicant has submitted a subsequent radiation report (Exhibit 9) that utilizes computer modeling and actual readings to calculate the RF emission levels for the facility. This report also concludes that the facility is operating in compliance with FCC guidelines. The submitted report indicates that a person would have to be standing directly behind the antenna and within one inch of the antenna itself to incur exposure that would violate the FCC guidelines.

Wireless Communications Facilities Standards and Criteria

The most recent Interim Standards and Criteria states that A the initial one-year approval may be extended for up to five additional years if the Town determines that the project is in complete compliance with adopted standards and regulations, and that new or modified conditions of permit approval are not required.@ This would appear to indicate that no further time extension would be granted to the subject wireless communications facility beyond the five year extension granted in 1998.

The original Interim Standards and Criteria (adopted January 2, 1997) allowed a 9 year extension after the initial one year time limit. This standard was reduced to a possible five year extension when the Interim Standards and Criteria were modified on June 18, 1997.

Staff reviewed the Planning Commission and Town Council minutes for comments regarding this modification to the time limits for the permit. The only comment occurred during the March 26, 1997 Planning Commission meeting, during which Commissioner "Greenberg suggested that this [standard] be changed to 5 years which gives a long enough time and then will require upgrading if better technology comes along." However, a memorandum prepared by Commissioner Greenberg prior to that meeting (Exhibit 11) suggested a modification that would allow "5-year approvals," possibly implying that more than one five year time extension could be granted for a single permit.

Although the requested time extension for this permit would be inconsistent with the time extension language contained within the current Interim Standards and Criteria for Wireless Communications Facilities, the Planning Commission does have the authority to grant the requested extension, as the Interim Standards and Criteria are advisory in nature. The Commission should also be aware that several other conditional use permits that have been granted around the time of the subject permit will also soon reach the end of their respective five-year time extensions. The Planning Commission may wish to schedule a hearing on the potential updating of the Interim Standards and Criteria for Wireless Communications Facilities to address possible modifications to the time limits for such facilities, as well as any other possible changes necessitated by conditions unforeseen at the time the Interim Standards and Criteria were first adopted in 1997.

 ENVIRONMENTAL STATUS

Staff has made a preliminary determination that the subject application is categorically exempt from the requirements of CEQA per Section 15303 of the CEQA Guidelines.

 PUBLIC COMMENT

No comments have been received regarding the subject application.

RECOMMENDATION

Staff recommends that the Planning Commission take public testimony on this item, close the public hearing, deliberate upon the project merits, and adopt the attached resolution granting a five year time extension for this conditional use permit.

EXHIBITS