COUNTY OF SAN MATEO

Inter-Departmental Correspondence

 

PLANNING AND BUILDING DEPARTMENT

 
 

DATE:

September 17, 2007

BOARD MEETING DATE:

October 2, 2007

SPECIAL NOTICE/HEARING:

10 days, within 300 feet

VOTE REQUIRED:

Majority

 
 

TO:

Honorable Board of Supervisors

 

FROM:

Lisa Grote, Director of Community Development

 

SUBJECT:

EXECUTIVE SUMMARY: Consideration of a Use Permit renewal to allow the continued operation of a cellular communications facility consisting of two 13-foot tall monopoles and one equipment enclosure measuring 18 feet by 15 feet located in the rear yard of the residential property located at 1175 Palomar Drive in the unincorporated Palomar Park area of San Mateo County. (Appeal by permit holder from decision of the Planning Commission to grant the appeal from the decision of the Zoning Hearing Officer and revoke the Use Permit.)

 

RECOMMENDATION

 

Deny the appeal of the permit holder and uphold the Planning Commission’s decision to revoke the Use Permit.

 

VISION ALIGNMENT

 

Commitment: Number 9, the proposed project keeps the commitment of Responsive, Effective, and Collaborative Government.

 

Goal: Number 20: Government decisions are based on careful consideration of future impact, rather than temporary relief or immediate gain.

 

The Planning Commission, in making its decision, considered the staff report prepared by the Planning Department staff. They also considered the public hearing testimony and information contained in the previous staff reports to the Zoning Hearing Officer (ZHO). After considering all of the information before them, the Commission determined that the permit holder (Sprint) had not complied with previous conditions of approval and had not shown that the current project location was the only site that could achieve the goal of adequate cell coverage in the area.

 

BACKGROUND

 

Proposal: The permit holder (Sprint Spectrum L.P.) is proposing to renew its Use Permit for an existing wireless communications facility in the rear yard of an existing single-family residence at 1175 Palomar Drive. The system consists of two monopoles and one equipment cabinet enclosure. The cellular antennas are attached to the 13-foot tall monopoles located on the southeast and northwest sides of the parcel. The equipment cabinet is located in the rear portion of the yard, adjacent to an existing T-Mobile cellular facility. The total area of the cabinet enclosure is 270 square feet, and is surrounded by a 6-foot high metal fence with green plastic slats.

 

Planning Commission Action: On January 18, 2007, the ZHO conditionally approved the renewal of this Use Permit. Subsequent to that decision, an appeal was filed to the Planning Commission. On June 13, 2007, the Planning Commission voted 4-1 to grant the appeal and revoke the Use Permit. In doing so, the Commission adopted the recommended findings as presented by the Planning Department.

 

DISCUSSION

 

The Planning Commission determined that the permit holder did not comply with previous conditions of approval placed on this permit by the Zoning Hearing Officer in 2000. Specifically, the permit holder failed to: (1) install required landscaping in a timely manner, (2) move an incorrectly placed antenna, and (3) submit a request (with applicable fees) for permit renewal prior to the permit’s expiration date.

 

Additionally, the permit holder did not provide evidence to the Planning Commission or to staff that alternative sites in the project vicinity were considered, even if more than one site would be required to achieve the same level of coverage. Without an alternatives analysis, the Planning Commission concluded that there was insufficient evidence to support the claim that this cellular facility, at this location, is necessary for the public’s health, safety, convenience, or welfare.

 

FISCAL IMPACT

 

None.