Wireless - Nextel

To:	PLANNING COMMISSION
From:	DANIEL M. WATROUS, SENIOR PLANNER
Subject:	BELVEDERE TENNIS CLUB/NEXTEL COMMUNICATIONS, 700 TIBURON BOULEVARD; CONDITIONAL USE PERMIT #10001; REVIEW OF PERMIT TO OPERATE A WIRELESS COMMUNICATIONS FACILITY
Date:	MARCH 13, 2002

On September 13, 2000, the Planning Commission adopted Resolution No. 2000-14 approving a conditional use permit (File #10001) to establish and operate a wireless communications facility on property located at 700 Tiburon Boulevard. The facility has been established, and involved the installation of two panel antennas onto each of two existing light standards adjacent to a tennis court on the property. An equipment shelter has also been constructed between two tennis courts, expanding an existing shed at this location. The facility is used for the transmission of Enhanced Specialized Mobile Radio (ESMR) signals utilized by digital mobile radio/cellular communications devices.

Condition of approval No. 4 of Resolution No. 2000-14 (Exhibit 1) states that Athe subject approval shall be valid for one (1) year from date of approval,@ but that this approval may be renewed Ain keeping with the requirements of Section III of the Town of Tiburon Interim Standards and Criteria for Wireless Communications Facilities.@ The most recent Interim Standards and Criteria, adopted by the Town Council on July 2, 1997 (attached as Exhibit 4), states that Athe 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.@ The applicant is now requesting the allowed five year time extension for this permit.

The antennas are mounted on two light standards in the southwest portion of the site. The antenna panels have been painted to match the color of the light standards. The equipment cabinets have been installed within an enclosure to the east of the antennas.

Two of the installed antennas are situated on a light standard adjacent to a small pro shop between two tennis courts. Town Staff has received a complaint from one of the tennis club employees who maintains an office with the pro shop, stating that this employee has been suffering from frequent headaches since the antennas began operating. No complaints have been received from any tennis players from the club, and no complaints have been received regarding any visual impacts of this wireless communications facility.

Staff has directed the applicant to prepare an updated electromagnetic frequency report evaluating the conformance of the facility with applicable health standards adopted by the Federal Communications Commission (FCC). A revised report has been prepared and is attached as Exhibit 5. The report observed radiation exposure in front of the antenna nearest to the pro shop; the measured radiation at this location was 1.7% of the occupational exposure limit established by the FCC. The report states that the readings were conducted at 10:00 p.m., and therefore may understate the daytime conditions of the facility, but the report concludes that "compliance with the FCC limit seems assured." The facility is therefore operating in conformance with the health standards established by the FCC for such facilities.

In addressing the concerns raised by the tennis club employee, the consulting radiation frequency engineer has indicated that the antennas could be moved to a different light standard elsewhere on the site. Although the reduction in radiation frequency that would be accomplished by such a relocation would likely be insignificant in relation to the FCC standards, this relocation could be helpful in mitigating the concerns raised by the tennis club employee.

The applicant has complied with all of the requirements of this conditional use permit. This wireless communications facility appears to be visually compatible with its surroundings. Although the facility is operating in compliance with the FCC standards for radiation emissions, it is recommended that the antennas closest to the pro shop be relocated to a light standard elsewhere on the site to address the concerns raised by the tennis club employee. If the two antennas are relocated, it would therefore be reasonable to extend this conditional use permit for five years, until September 13, 2006.

The project is categorically exempt from the requirements of CEQA per Section 15303 of the CEQA Guidelines.

Staff recommends that the Planning Commission take public testimony on this item and adopt the draft resolution granting the requested five year time extension for this conditional use permit.