20071218_es

COUNTY OF SAN MATEO

Inter-Departmental Correspondence

PLANNING AND BUILDING DEPARTMENT

DATE:

December 3, 2007

BOARD MEETING DATE:

December 18, 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 the permit holder from decision of the Planning Commission to grant the appeal from the decision of the Zoning Hearing Officer and deny the renewal of the use permit.)

RECOMMENDATION

Deny the appeal of Sprint Spectrum L.P. and uphold the Planning Commission’s decision to revoke the use permit.

VISION ALIGNMENT

Commitment: The proposed action keeps the commitment of “Responsive, Effective, and Collaborative Government.” The Planning Commission, in making its decision, heard a considerable amount of testimony from neighbors of the project, and after carefully weighing this testimony and the information contained in the record, concluded that this permit should be revoked. By upholding the Planning Commission’s decision, the Board would be reinforcing this commitment.

Goal: The proposed action achieves Goal number 20: “Government decisions are based on careful consideration of future impact, rather than temporary relief or immediate gain.” In reaching its decision on this project, the Planning Commission considered the 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 is the only site that could achieve its goal of adequate cell coverage in the area.

BACKGROUND

The permit holder (Sprint Spectrum L.P.) is proposing to renew their 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 sq. ft., 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

At the public hearing on October 4, 2007, the Board requested the permit holder, Sprint, to submit an alternative site study, the purpose of which is to determine if there are alternative locations in the vicinity that could provide similar coverage. The Board also directed staff to examine what impact removal of this site would have upon the E-911 network.

Sprint submitted a document that considered four different locations along the Edgewood Road corridor. No one site was identified as ideally suited to replace the existing Palomar Drive site. Moreover, Sprint did not provide evidence that they had approached the respective property owners as to their willingness to locate a cell site on their property. In subsequent discussions with Sprint’s representative, NSA Wireless, it was established that other alternative sites in the area were not considered.

Regarding impacts to the E-911 network, removal of this cell site would not directly impact County emergency personnel since they rely primarily upon the County’s radio network. However, it could affect, to varying degrees, anyone who uses Sprint as their cell phone provider, which could include County personnel.

FISCAL IMPACT

None.



COUNTY OF SAN MATEO Inter-Departmental Correspondence

PLANNING AND BUILDING DEPARTMENT

DATE:		December 3, 2007
BOARD MEETING DATE:		December 18, 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 the permit holder from decision of the Planning Commission to grant the appeal from the decision of the Zoning Hearing Officer and deny the renewal of the use permit.)


RECOMMENDATION
Deny the appeal of Sprint Spectrum L.P. and uphold the Planning Commission’s decision to revoke the use permit.

VISION ALIGNMENT
Commitment: The proposed action keeps the commitment of “Responsive, Effective, and Collaborative Government.” The Planning Commission, in making its decision, heard a considerable amount of testimony from neighbors of the project, and after carefully weighing this testimony and the information contained in the record, concluded that this permit should be revoked. By upholding the Planning Commission’s decision, the Board would be reinforcing this commitment.

Goal: The proposed action achieves Goal number 20: “Government decisions are based on careful consideration of future impact, rather than temporary relief or immediate gain.” In reaching its decision on this project, the Planning Commission considered the 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 is the only site that could achieve its goal of adequate cell coverage in the area.

BACKGROUND
The permit holder (Sprint Spectrum L.P.) is proposing to renew their 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 sq. ft., 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
At the public hearing on October 4, 2007, the Board requested the permit holder, Sprint, to submit an alternative site study, the purpose of which is to determine if there are alternative locations in the vicinity that could provide similar coverage. The Board also directed staff to examine what impact removal of this site would have upon the E-911 network.

Sprint submitted a document that considered four different locations along the Edgewood Road corridor. No one site was identified as ideally suited to replace the existing Palomar Drive site. Moreover, Sprint did not provide evidence that they had approached the respective property owners as to their willingness to locate a cell site on their property. In subsequent discussions with Sprint’s representative, NSA Wireless, it was established that other alternative sites in the area were not considered.

Regarding impacts to the E-911 network, removal of this cell site would not directly impact County emergency personnel since they rely primarily upon the County’s radio network. However, it could affect, to varying degrees, anyone who uses Sprint as their cell phone provider, which could include County personnel.

FISCAL IMPACT
None.