Zoning Administrator Meeting

MINUTES ZONING ADMINISTRATOR Thursday, October 5, 2017 4:00 PM 580 PACIFIC STREET, COUNCIL CHAMBERS MONTEREY, CALIFORNIA CALL TO ORDER Todd Bennett, serving as Zoning Administrator, called the meeting to order at 4:02 p.m. PUBLIC COMMENTS None. PUBLIC HEARING Zoning Administrator Bennett gave an overview of the City of Monterey’s Personal Wireless Service (PWS) Ordinance and California Senate Bill 649 (SB649) regarding telecommunications. He said that all 12 PWS applications on the agenda will be referred to the November 14, 2017 Planning Commission meeting at 4:00 p.m. and no decisions will be made by the Zoning Administrator. Zoning Administrator Bennett thanked those in attendance and asked that any interested parties provide their comments to the Planning Office for forwarding to the Planning Commission. Zoning Administrator Bennett gave a brief summary of the 12 PWS applications. Joe Camicia, applicant on behalf of ExteNet Systems, gave an overview of the proposed projects, the rapidly growing demand for mobile voice and data services, challenges of improving wireless services in the area, existing and proposed cellular coverage, and challenges of locating PWS facilities. Mr. Camicia showed examples of the design types proposed for the 12 project locations. He also discussed emergencies and public safety in relation to cell phone services and said Bill Hammett of Hammett Management is present to discuss Federal Communications Commission (FCC) public exposure standards. 1. Consider Use Permit UP-17-0339 to Allow for the Development of a New Personal Wireless Service (PWS) Facility to be Attached to an Existing Utility Pole Located on a Portion of the City of Monterey's Johnson Street Right-of-Way Immediately Adjacent to 1006 Madison Street and Across the Johnson Street Right-of-Way from 1000 Johnson Street; Applicant Lawrence Beer for ExteNet Systems, Inc.; Owner City of Monterey; Zoning Designation R-1-6; Exempt from CEQA Requirements (Article 19, Section 15303, Class 3) ACTION: No action taken; referred to Planning Commission. Applicant Mr. Camicia gave a brief presentation and showed photo simulations of the proposed project. In response to Zoning Administrator Bennett’s question, Mr. Camicia described the proposed on- pole equipment. He also said no cooling fans are proposed for any of the projects and an acoustic analysis was submitted for each project. Public Comments Pat Venza, Monterey Vista Neighborhood Association vice president, provided comments on behalf of the neighborhood association regarding all 12 projects. She paraphrased a letter submitted by Monterey Vista Neighborhood Association President, Hans Jannasch. Zoning Administrator Minutes Thursday, October 5, 2017 Mike Pekin said it is illegal for the Zoning Administrator to not make a decision and that he is circulating a petition requesting that the Zoning Administrator either approve, conditionally approve, or deny the applications. Sandra Collingwood, 999 Johnson Street, said her main concern is regarding EMF radiation. She questioned whether the threshold of radiation allowed is based on healthy individuals as opposed to elderly ones, as Monterey’s population is 11 percent elderly. David Whittick, Via Encina resident, said based on his experience working in the microwave industry he knows there are frequencies that will harm humans. He questioned how much radiation those living next to proposed towers would get and what the cumulative impact will be. Mr. Whittick said from his industry experience he does not believe the proposed cell towers are dangerous, but he would like to see numbers to verify this. He also said he does not think the proposed towers will affect home values. Susan Nine said over 70 percent of non-industry funded studies indicate health and environmental effects of microwave radiation. She also expressed concern regarding the 150 day “shot clock” causing the projects to be deemed approved. In response, Zoning Administrator Bennett said the City Attorney has determined that based on the application date, incomplete date, and project resubmittal date the City is still well within the 150 day period. Paula White, Monterey Vista Neighborhood resident, expressed concern with regards to topography of the neighborhood and questioned whether the risk for those with homes at the same level as the proposed PWS facilities has been considered. Ms. White referenced her work as a biologist and cited an article from the Experimental Oncology Journal linking a dramatic increase in cancer after just one year of exposure. Peggy Olsen, Monterey resident, said the residents have not been consulted regarding the visual impact of the proposed projects. She also said 5G cellular service has not been approved, uses extremely high frequency waves, is unsafe, and should not be used when the true effects are unknown. Angela Flynn said she is very sensitive to wireless technology and she recommended the book “Invisible Rainbow” which documents human exposure to electricity and microwaves. Ms. Flynn said nobody wants cellular towers in neighborhoods and that hidden antennas do not necessarily mean fewer impacts. She also expressed concern with power outages and fire risks. Don Searle, Toyon Drive resident and Monterey County employee, questioned why he did not receive mailed notice at his home and said the notices posted at the project sites did not include dates. Mr. Searle expressed his frustration that no agenda reports were published in advance of the meeting and requested that more information be provided to citizens in advance of the next meeting. Nina Beety said she is electromagnetically sensitive and this condition is recognized by ADA and State equivalent laws. Ms. Beety said she is very affected by any location in the City that has antennas and the current project proposes one near her residence. She also said the radiation levels on the ground near the proposed towers would be ten times higher than any other tower she has measured and would be illegal in other countries. Ms. Beety said PWS facilities are prohibited from incommoding the public and the law allows for holes in cellular coverage, just not significant gaps. Zoning Administrator Meeting Minutes Thursday, October 5, 2017 2 Zoning Administrator Minutes Thursday, October 5, 2017 Hebard Olsen, 720 Woodcrest Lane, expressed concern regarding the method used to determine safety of the proposed PWS facilities and said he is very much opposed. He said research on this level of technology has not been done and all residents of Monterey are at risk of being guinea pigs. Marilyn Garrett, Aptos resident, referenced studies on the dangers of microwaves and radiowaves and questioned how microwave frequencies can be used safely when they are also used to harm and kill. She also said safety studies on microwaves and radiowaves are based on thermal effects, but should be based on biological effects. Ms. Garrett said the proposed PWS facilities are hazardous and should be denied. Ron Beck, 1 Dorey Way, expressed concern with the visual impacts of a tower in front of his home and also the potential for blight and a proliferation of PWS facilities in the neighborhood. Mr. Beck said cellular reception in the area is adequate and questioned why 12 additional towers are needed in an area under 12 square miles. Michael Baer, resident of Monterey for 30 years, asked that the City not approve the proposed PWS facilities. Paul Monteragon expressed concern regarding the health and safety effects of the proposed PWS facilities on residents and wildlife. He questioned what the effects will be on the birds and animals and said the proposed PWS facilities will cause problems. Barry Dolowich, 150 Herrmann Drive, said one of the PWS facilities proposed is in front of his house and also near Monterey High School. Mr. Dolowich read from an article demanding a moratorium on 5G expansion and detailing the potential health risks. He also said FCC guidelines adopted two decades ago refer only to thermal effects on health, not wireless and cellular impacts. Ray Meyers, 339 Via Paraiso, said he agrees with the previous speakers about health concerns and noted that there is a federal law prohibiting staff from using health concerns as the basis of denial for proposed cell sites. Mr. Meyers said he lives 200 feet away from one of the proposed PWS facilities and asked if topography was taken in to consideration. He also expressed concern with a playground in close proximity, the methodology used to determine coverage and gaps in coverage, and the possibility of the towers being used for 5G. He asked the City to abide by their PWS ordinance to legally deny the applications. Mariangela Bisi, 118 Herrman Drive, said she strongly opposes the proposed PWS facilities and asked the City to deny them. Ms. Bisi expressed health and property value concerns in relation to the proposed PWS facilities and cited a report stating that home values are decreased 15 to 20 percent by the presence of cell towers. Allen Rosenthal, resident of the Dorey Way neighborhood for 26 years, said he is concerned for the 12 children living in his neighborhood. He spoke of numerous studies documenting the negative impacts on children and their increased vulnerability. Mr. Rosenthal said the effects of radiation on the children will not be known for seven to ten years and approving the proposed PWS facilities is unacceptable. Michele Altman, Cuesta Vista resident and local real estate agent, said people are panicked about the proposed PWS facilities and this may lead to panicked selling of properties. She also said PWS facilities have to be disclosed in real estate transactions. Ms. Altman said she lives in the forest to avoid cellular towers and asked that they not be brought to the area. Zoning Administrator Meeting Minutes Thursday, October 5, 2017 3 Zoning Administrator Minutes Thursday, October 5, 2017 Martin Slanina, Cuesta Vista resident, said a detailed technical presentation listing the radiation levels, frequencies, power of antennas proposed and direction of antennas is needed for public review. A Dorey Way resident identifying herself as Deborah said she moved away from Silicon Valley to get away from cell towers and does not want to be around them. She said there are many babies and children who live in or visit the area and no one wants these children to have health problems. Deborah said more attention is being given to financial gains than health concerns. Tom Kent said no plan or justification for the proposed PWS facilities has been provided to the public. He also said maps advertised by Verizon show the area as a “best coverage” area and that his Verizon phone always has coverage in the area. Mr. Kent asked if PWS facilities will eventually be proven to be unsafe as televisions and microwaves once were and said the proposals should be denied. Tammy Donnelly, Aptos resident, shared her experiences of becoming ill when cell towers were installed in close proximity to her home. Kristin Dotterrer, 339 Via Paraiso, said the proposed PWS facility on Via Paraiso would be less than 200 feet from her home and she is opposed to all 12 sites because they are incongruent with the City’s PWS Ordinance and fail to prove that there exists a significant service gap. Ms. Dotterrer questioned the discrepancy between the coverage map shown by the applicants and the map on Verizon’s website. Roger Bunting, 316 Via Paraiso, said he is speaking on behalf of himself and his neighbor Sheila Gail and expressed concerns with loss of property values. Mr. Bunting said he does not want his great grandson exposed to radiation and asked the City to do the right thing on behalf of the residents and deny the permits. Leonard Felix, 30 Loma Vista Place asked how much the City stands to profit from the proposed PWS facilities and what recourse the residents have. Mr. Felix questioned why the City gets to profit while the residents get hurt. Jeff Galvin, 4 El Caminito Del Norte, said he walks with his grandchildren and there are three proposed PWS facilities on his route. Mr. Gavin expressed concern with Federal law and questioned why the City will not allow children to play on the train at Dennis the Menace Park but will allow cell towers. A speaker who did not state their name said the City of Monterey was named a model city for environmental quality and community caring and that they would like it to stay this way, setting an environmental example for other cities. A speaker who did not state their name questioned why radiation from the proposed PWS facilities is allowed while the City also has the Aquarium and a plastic bag ban to preserve the ocean. They said radiation from the PWS facilities would reach the ocean. Zoning Administrator Bennett acknowledged that everyone’s feelings are heartfelt, sincere and important, and said the City cares for its residents and tries to protect health and safety to the greatest extent allowed by the State. He said staff is doing what they can to protect the health and environment of the City of Monterey to best of its ability. Zoning Administrator Meeting Minutes Thursday, October 5, 2017 4  Zoning Administrator Minutes Thursday, October 5, 2017 2. Consider Use Permit UP-17-0340 to Allow for the Development of a New Personal Wireless Service (PWS) Facility to be Attached to an Existing Utility Pole Located on a Portion of the City of Monterey's Larkin Street Right-of-Way Immediately Adjacent to 598 Madison Street; Applicant Lawrence Beer for ExteNet Systems, Inc.; Owner City of Monterey; Zoning Designation R-3-6; Exempt from CEQA Requirements (Article 19, Section 15303, Class 3) ACTION: No action taken; referred to Planning Commission. Applicant Mr. Camicia gave a brief presentation and showed photo simulations of the proposed project. He noted that Mr. Hammett is an expert on FCC regulations and can speak directly to what they entail. Public Comments Mike Pekin said the Zoning Administrator has the power to approve, deny or conditionally approve the applications and that the residents in attendance would like a decision. Susan Nine, Via Encanto resident, said she lives within 300 feet of the tower proposed for Via Paraiso and that Verizon already has excellent coverage in the neighborhood. Ms. Nine said she respects the City’s obligation to find legal basis to deny the application and the neighborhood would support the City in legal matters if it denied the applications. Ms. Nine discussed arguments made in California and Federal telecommunication cases and referenced the CA Public Utilities Code. Leslie Rosenfeld, Dry Creek Road resident, said cellular signal for Verizon in the neighborhood is more than adequate and that there have been no comments to the contrary. She also said the coverage map shown by the applicants is inaccurate. Barry Dolowich, 150 Herrmann Drive, said the list of discouraged locations on page four of the City’s PWS Ordinance includes residential districts. Angela Flynn said there are over 80 people in attendance and no one has spoken in favor of the proposed PWS facilities. She said it is clear that the City must deny the applications based on the information that has been provided to the Zoning Administrator. Ms. Flynn also referenced the public use section of the PWS Ordinance. Nina Beety said the proposed projects are detrimental to the health, safety and welfare of properties and for this reason the City should deny them. She also said the proposals are just the beginning of a flood of cell towers. Ms. Beety expressed concern regarding a conflict of interest with the law firm the City is contracted with and said the City has repeatedly approved cellular sites that impair and impact people. Nora Thompson, 57 Via Del Rey, said the proposed PWS facility on Herrmann Drive is 300 feet from her bedroom windows, at window level. She asked that the City think of her children when looking for reasons to deny the project. Vince Hake, 7 Cuesta Vista Drive, said the proposed PWS facility between his lot and 277 Mar Vista Drive is directly in line with where he lives, sleeps and eats. Mr. Hake said he understands that health concerns cannot influence the City’s decision, but that he is concerned and would like the City to deny all the applications. Zoning Administrator Meeting Minutes Thursday, October 5, 2017 5  Zoning Administrator Minutes Thursday, October 5, 2017 Marilyn Garrett said cell towers are a non-consented assault on health and that no amount of radiofrequency radiation is safe. Ms. Garrett spoke about how microwaves affect red blood cells and said damage may not be outwardly visible but still could be present in the blood. Hebard Olsen, 720 Woodcrest Lane resident, said the PWS Ordinance should be amended to require homeowners to be compensated for loss of property values. Mr. Olsen questioned why a greater amount of cellular signal does not require a different type of safety study. 3. Consider Use Permit UP-17-0344 to Allow for the Development of a New Personal Wireless Service (PWS) Facility to be Attached to a Replacement Utility Pole Located on a Portion of the City of Monterey's Herrmann Drive Right-of-Way Immediately Adjacent to 136 Herrmann Drive and 150 Herrmann Drive; Applicant Lawrence Beer for ExteNet Systems, Inc.; Owner City of Monterey; Zoning Designation R-1-10; Exempt from CEQA Requirements (Article 19, Section 15303, Class 3) ACTION: No action taken; referred to Planning Commission. Applicant Mr. Camicia gave a brief presentation and showed photo simulations of the proposed project. He introduced Mr. Hammett to address public comments regarding FCC Guidelines. Mr. Hammett said the reports prepared by his firm calculated the exposure levels of the proposed PWS facilities and confirmed that they all meet the Federal standard. He also said that Federal standards require emissions from cellular facilities to be 50 times less than what would be considered allowable which accounts for those who are young, old, or ill. Mr. Hammett said levels emitted are low because the power drops with distance and that the directionality of the antennas focuses the energy and sends it mainly to the horizon. Mr. Hammett noted that the absorption rate from a cell phone is greater than the absorption rate from the proposed PWS facilities would be and that cell phones are dynamic and exert energy based on their distance from a tower. In response to Mr. Camicia’s question regarding residents with second story windows in line with the proposed PWS facilities, Mr. Hammett said a very sophisticated technique is used for calculations and that topography is taken into account when measuring safety. In response to Zoning Administrator Bennett’s question regarding redevelopment of properties near the proposed PWS facilities, Mr. Hammett said building envelopes were not taken into account, but given the distance, levels should be lower than what is allowed and that the cellular carriers must comply with requirements. Public Comments Nina Beety said an independent engineer is needed to prevent a conflict of interest. She said there are numerous issues with the Federal limits and that they do not cover long-term, chronic exposure. She also said other wireless objects that are used intermittently cannot be compared to cell towers that are on all the time. Ms. Beety requested that the applicant provide power density charts and detailed, close-up photo simulations for each of the project sites. Tom McCann, Cuesta Vista Drive resident, said he still has not heard justification for allowing the proposed PWS facilities. He said that he, his wife, and all his neighbors think it would be wrong to allow them, and even if they do not cause harm they should not be allowed due to the neighborhood objections. Mr. McCann said the City knows it is wrong and should deny the projects. Susan Nine said residents have the option not to have a cell phone, but do not have the option not to be near cell towers and that a study showed one in 10 cell towers are out of compliance Zoning Administrator Meeting Minutes Thursday, October 5, 2017 6  Zoning Administrator Minutes Thursday, October 5, 2017 with FCC rules. She also said there have been many things within the federal safety standards that have turned out to cause damage. Angela Flynn said 10 years ago she lived 300 feet from a cell tower and had severe health impacts. She questioned Mr. Hammett’s report and why cellular waves would be deflected upwards from the PWS facilities, as it is not energy efficient. She also said a person can turn off their cell phone but cannot move away from a cell tower. Kathy, a Dorey Way resident, asked why PWS facilities need to go into a residential neighborhood, which has elderly people and children, when there are many other areas around Skyline Drive away from residents. She also said the City should be listening to residents and taking a stand against the proposals. Kathy asked why a decision will not be made by the Zoning Administrator. Greg Meyers, 339 Via Paraiso, said comparing the effects of a cell phone to the effects of a PWS facility equates to pseudo science as a cell phone is not a tower and operates on far fewer watts than a tower. He spoke regarding calculations made by Mr. Hammett and asked that the City use its carefully crafted ordinance to deny the proposals. Marilyn Garrett displayed a meter that detects wireless microwave rays. She spoke about various surveys and a report of the Mayo Clinic regarding the results of being in proximity of cell towers. Ms. Garrett detailed the symptoms of microwave sickness and noted that 5G technology is what the military uses to disperse crowds. Zoning Administrator Bennett responded to questions raised during Public Comment and explained why the projects are being referred to the Planning Commission for review. He also said all comments expressed will be part of the record and considered when the Planning Commission evaluates the proposals. RECESS Zoning Administrator Bennett called for a short recess at 6:55 p.m. RECONVENE Zoning Administrator Bennett reconvened the meeting at 7:05 p.m. He said there has been a request from the public, due to illness, to hear item #10 of the agenda prior to item #4. (HEARD AFTER ITEM #10) 4. Consider Use Permit UP-17-0341 to Allow for the Development of a New Personal Wireless Service (PWS) Facility to be Attached to an Existing Utility Pole Located on a Portion of the City of Monterey's Dorey Way and Herrmann Drive Right-of-Way Immediately Adjacent to 1 Dorey Way and 501 Herrmann Drive; Applicant Lawrence Beer for ExteNet Systems, Inc.; Owner City of Monterey; Zoning Designation R-1-20; Exempt from CEQA Requirements (Article 19, Section 15303, Class 3) ACTION: No action taken; referred to Planning Commission. Applicants Mr. Camicia gave a brief presentation and showed photo simulations of the proposed project. He noted that he has had confirmation from City staff that the pole in question is well within the City’s right-of-way. Zoning Administrator Meeting Minutes Thursday, October 5, 2017 7  Zoning Administrator Minutes Thursday, October 5, 2017 Public Comments Lois Hansen read a letter that was provided to the Zoning Administrator prior to the meeting. 5. Consider Use Permit UP-17-0342 to Allow for the Development of a New Personal Wireless Service (PWS) Facility to be Attached to a Replacement Utility Pole Located on a Portion of the City of Monterey's Via Paraiso Right-of-Way Immediately Adjacent to 302 Via Paraiso and 316 Via Paraiso; Applicant Lawrence Beer for ExteNet Systems, Inc.; Owner City of Monterey; Zoning Designation R-1-10; Exempt from CEQA Requirements (Article 19, Section 15303, Class 3) ACTION: No action taken; referred to Planning Commission. Applicant Mr. Camicia gave a brief presentation and showed photo simulations of the proposed project. In response to Zoning Administrator Bennett’s questions, Mr. Camicia said the proposal includes a ground vault and that, including the antenna, the pole would gain an additional eight feet total. Mr. Camicia deferred to ExteNet staff member Wendy Mueller on questions regarding construction of cellular sites on and around power poles. Ms. Mueller said a six foot separation is required between the power lines and the bottom of the antenna. Mr. Camicia said the proposal meets the absolute minimum separation requirement. Public Comments Nina Beety expressed concern regarding the proximity of the proposed PSW facility to Monte Vista Elementary School and the unwillingness of Monterey Peninsula Unified School district to notify parents of the proposal. She also expressed concern regarding noticing and residents above Monte Vista Drive and outside of the 300 foot noticing not receiving notice. Roger Bunting said one of the proposed PWS facilities is 76 feet from his front door, so he expects to be impacted. He asked whether the PWS facility would cause any static or disruption to his cable television. He questioned why placement of so many PWS facilities is necessary and said he has never had any coverage problems in the neighborhood over ten years of being a customer. Mr. Bunting said the public perception of health concerns from PWS facilities will impact property values. In response to Zoning Administrator Bennett’s request, the applicant responded to the concern raised regarding antenna impacts on cable lines and said the cable line is a shielded cable and would run on a frequency separate from the PWS facility. He further said he knows of no situation where this type of facility has caused interference with a cable line. 6. Consider Use Permit UP-17-0332 to Allow for the Development of a New Personal Wireless Service (PWS) Facility to be Attached to an Existing Utility Pole Located on a Portion of the City of Monterey's Via Encina Right-of-Way Immediately Adjacent to 81 Via Encina and 71 Via Encina; Applicant Lawrence Beer for ExteNet Systems, Inc.; Owner City of Monterey; Zoning Designation R-1-8; Exempt from CEQA Requirements (Article 19, Section 15303, Class 3) ACTION: No action taken; referred to Planning Commission. Applicants Mr. Camicia gave a brief presentation and showed photo simulations of the proposed project. Zoning Administrator Meeting Minutes Thursday, October 5, 2017 8  Zoning Administrator Minutes Thursday, October 5, 2017 Public Comments Nina Beety expressed concern regarding the proximity of the proposed PSW facility to Saint Timothy Lutheran Preschool and the impacts to the young children. She also said the Planning Commission hearing should be scheduled in the evening instead of the afternoon so interested persons can come after work. Ms. Beety said the proposed PWS facility is in her direct path of travel and prohibits her access to the area and local businesses. 7. Consider Use Permit UP-17-0333 to Allow for the Development of a New Personal Wireless Service (PWS) Facility to be Attached to an Existing Utility Pole Located on a Portion of the City of Monterey's Toyon Drive Right-of-Way Immediately Adjacent to 531 Toyon Drive and 101 Shady Lane; Applicant Lawrence Beer for ExteNet Systems, Inc.; Owner City of Monterey; Zoning Designation R-1-8; Exempt from CEQA Requirements (Article 19, Section 15303, Class 3) ACTION: No action taken; referred to Planning Commission. Applicants Mr. Camicia gave a brief presentation and showed photo simulations of the proposed project. In response to Zoning Administrator Bennett’s request, Mr. Camicia said the vertical box next to the pole is typically the new PG&E pedestal box. In response to Zoning Administrator Bennett’s question, Ms. Mueller said she works closely with PG&E and that the meter can be pole mounted as long as it does not limit climbing space. Ms. Mueller said she would have to do a site visit to see if this is feasible, but that PG&E can certainly be approached about this. Ms. Mueller also said there are a few different sized meters, but the standard meter would be around eight by 12 inches in size; the same as what one would see on a house. Zoning Administrator Bennett directed the applicant to evaluate the poles with pedestal boxes for feasibility of pole mounted equipment and to provide photo simulations. Public Comments Pat Benza asked what the other pedestal dimensions will be and why the pedestal has to be so large if a pole mounted meter can be smaller. A speaker not identifying himself asked where the battery will be located that enables eight hours of power if the electricity goes out. Zoning Administrator Bennett asked the applicant for a response to questions raised during Public Comment. Mr. Camicia said the size of the proposed pedestal is 48 inches tall, which he believes is a PG&E standard size requirement. Regarding a backup battery, Mr. Camicia said no backup battery is proposed because it would require two additional pieces of equipment and ExteNet seeks to minimize visual impact. 8. Consider Use Permit UP-17-0334 to Allow for the Development of a New Personal Wireless Service (PWS) Facility to be Attached to an Existing Utility Pole Located on a Portion of the City of Monterey's Via Del Rey Right-of-Way Immediately Adjacent to 231 Via Del Rey and Across Street from 2 Via Del Pinar; Applicant Lawrence Beer for ExteNet Systems, Inc.; Owner City of Monterey; Zoning Designation R-1-8; Exempt from CEQA Requirements (Article 19, Section 15303, Class 3) ACTION: No action taken; referred to Planning Commission. Applicants Mr. Camicia gave a brief presentation and showed photo simulations of the proposed project. Zoning Administrator Meeting Minutes Thursday, October 5, 2017 9  Zoning Administrator Minutes Thursday, October 5, 2017 Public Comments Pat Benza asked if the nearby trees would interfere with the proposed equipment and need to be trimmed as they grow up and around the pole. Zoning Administrator Bennett asked Mr. Camicia to respond to the question raised during Public Comment. Mr. Camicia said tree limbs and branches could interfere with the PWS facility and may require trimming if they are too close, much like PG&E maintains trees to keep branches and limbs out of their wires. Zoning Administrator Bennett asked for an estimate of what the appropriate distance between the branches and antenna is. Mr. Camicia said he is unsure, but happy to provide an answer prior to the Planning Commission hearing. 9. Consider Use Permit UP-17-0335 to Allow for the Development of a New Personal Wireless Service (PWS) Facility to be Attached to an Existing Utility Pole Located on a Portion of the City of Monterey's Mar Vista Drive Right-of-Way Immediately Adjacent to 273 Mar Vista Drive and 7 Cuesta Vista Drive; Applicant Lawrence Beer for ExteNet Systems, Inc.; Owner City of Monterey; Zoning Designation R-1-20; Exempt from CEQA Requirements (Article 19, Section 15303, Class 3) ACTION: No action taken; referred to Planning Commission. Applicants Mr. Camicia gave a brief presentation and showed photo simulations of the proposed project. He showed a simulation of vaulted equipment and said he believes pole mounted is a better option, but is willing to hear the City’s input and work with them. Public Comments Barbara Jacoubowsky, 277 Mar Vista Drive, said the proposed PWS facility will be on her property line and she is vehemently opposed. She said the street is very narrow, and installation of the proposed facility will likely require cutting into the hillside, removal of trees and will likely take away some of her property. Ms. Jacoubowsky said the neighborhood has always had good cellular coverage and if a tower went in she and her family would not be able to use their deck or yard. She also said she has a daughter who has EMF sensitivity and that she is very concerned for her daughter, family, neighbors, and the wildlife in the area. Nina Beety said she informed the City that the proposed project has the incorrect address but the City has not corrected the address. She also said the proposed pole will 70 times more powerful than what exists today and right at the level of her home, due to topography. Ms. Beety said she is made sick by wireless frequencies and if the proposed PWS facility is installed it will likely kill her. She also said this is a health, safety and disability issue that is highly discriminatory against her. Zoning Administrator Bennett confirmed that Ms. Beety notified the Planning Office with her belief that the project address was incorrect, and that the applicant said the address is correct, which will be confirmed by the City Surveyor prior to the Planning Commission hearing. He also said if the address is incorrect, the change will be made prior to the hearing and if the pole startles the property line or is on private property, the City will notify the property owner accordingly. Zoning Administrator Meeting Minutes Thursday, October 5, 2017 10  Zoning Administrator Minutes Thursday, October 5, 2017 (HEARD PRIOR TO ITEM #4) 10. Consider Use Permit UP-17-0336 to Allow for the Development of a New Personal Wireless Service (PWS) Facility to be Attached to a Replacement Street Light Pole Located on a Portion of the City of Monterey's Right-of-Way at the Corner of Via Del Rey and Yerba Buena Court, Immediately Adjacent to 1 Yerba Buena Court; Applicant Lawrence Beer for ExteNet Systems, Inc.; Owner City of Monterey; Zoning Designation R-1-15; Exempt from CEQA Requirements (Article 19, Section 15303, Class 3) ACTION: No action taken; referred to Planning Commission. Applicants Mr. Camicia said he wanted to clarify that the last item heard was item #3, however at one point in the presentation item #4 was also discussed. Mr. Camicia gave a brief presentation and showed photo simulations of the proposed project. Public Comments Nina Beety asked why this item was moved due to a medical request, but her request to the City for ADA consideration was denied. Ms. Beety spoke about the FCC and said its chairperson is a former CEO of Verizon. She also spoke about proposed cell towers in the City of Piedmont and said although the towers can look sleek and slim in appearance, they can have the power to go through walls and bodies. Hebard Olsen said cellular equipment is not required to keep running if the power has been out for eight hours, while landline telephone service is required to stay on. Scott Saito, 1 Yerba Buena Court, said he is a lifelong Monterey resident and it is hard to believe that he may have to move from Monterey because he is concerned for the health of his wife, family, and children. Mr. Saito asked if the City benefits financially from the proposed projects, and if so, by how much. He spoke of other issues in the neighborhood that are not being addressed and said for once the City should step forward. Mr. Saito asked that the City deny the project because he and everyone else oppose it. Kathy, Dorey Way resident, said property owners do not have much say since the poles where the proposed projects will be located are not on their property, but that residents should not have to live in such close proximity to a PWS facility. Zoning Administrator Bennett asked if any other members of the audience had medical concerns and would like to move an item in order to leave after the item is heard. No additional requests were made. 11. Consider Use Permit UP-17-0337 to Allow for the Development of a New Personal Wireless Service (PWS) Facility to be Attached to a Replacement Existing Streetlight Pole Located on a Portion of the City of Monterey's Skyline Drive Right-of-Way at the Corner of Skyline Drive and Huckleberry Drive; Applicant Lawrence Beer for ExteNet Systems, Inc.; Owner City of Monterey; Zoning Designation "O" (Open Space); Exempt from CEQA Requirements (Article 19, Section 15303, Class 3) ACTION: No action taken; referred to Planning Commission. Applicant Mr. Camicia gave a brief presentation and showed photo simulations of the proposed project. Zoning Administrator Meeting Minutes Thursday, October 5, 2017 11  Zoning Administrator Minutes Thursday, October 5, 2017 Public Comments None. 12. Consider Use Permit UP-17-0338 to Allow for the Development of a New Personal Wireless Service (PWS) Facility to be Attached to an Existing Utility Pole Located on a Portion of the City of Monterey's Toda Vista Drive Right-of-Way Immediately Adjacent to 3 Toda Vista Drive and 5 Toda Vista Drive; Applicant Lawrence Beer for ExteNet Systems, Inc.; Owner City of Monterey; Zoning Designation R-1-10; Exempt from CEQA Requirements (Article 19, Section 15303, Class 3) ACTION: No action taken; referred to Planning Commission. Applicant Mr. Camicia gave a brief presentation and showed photo simulations of the proposed project. In response to Zoning Administrator Bennett’s question, Mr. Camicia confirmed that the photo simulation does include the PG&E electrical meter. Public Comments Nina Beety expressed concern regarding the proximity of the proposed PSW facility to Walter Colton Elementary School. She said the facility would impact classrooms, the teachers’ lounge, the administration building, students, faculty and parents. Pat Benza said this pole already has an excess of equipment on it and is close to a school so it should be eliminated, especially since everyone has said service in the area is already adequate. Zoning Administrator Bennett thanked the public for their comments and said all comments provided will be forwarded to the Planning Commission for their review on November 14, 2017 and he encouraged anyone wanting to provide comments to do so via telephone, letter, or email. ADJOURNMENT There being no further business the Zoning Administrator adjourned the meeting at 8:22 p.m. Approved, Todd Bennett Zoning Administrator Zoning Administrator Meeting Minutes Thursday, October 5, 2017 12