HomeMy WebLinkAboutMINUTES - 06032014 - D.13RECOMMENDATION(S):
CONTINUE public hearing as an OPEN PUBLIC HEARING to July 8, 2014 at 9:00 a.m. to allow staff sufficient
time to respond to the appeal letter filed on May 23, 2014.
FISCAL IMPACT:
The applicant has paid the initial application deposit and is obligated to pay supplemental fees to cover any and all
additional staff time and material costs associated with the processing of this application.
BACKGROUND:
This is a continued public hearing item on the appeal of Kevin and Michelle Ferguson, Laura Owen, Kellin Cooper,
Krista Bessinger, Jon Sarlin and David Kwett of the County Planning Commission's decision to approve a proposal
by New Cingular Wireless (AT&T) to attach a wireless telecommunications facility to an existing utility pole in the
Ardmore Road public right-of-way in Kensington. At the December 17, 2013, Board of Supervisor's hearing, one
appellant (Ferguson) provided testimony on six AT&T applications in the Kensington area that had been appealed,
including the current 110 Ardmore Road application. The applicant and general public also testified. Upon conclusion
of the public testimony and deliberation by the Board, five of the applications were approved and the hearing on this
application (LP13-2020) was continued as an open public hearing to January 14, 2014, and subsequently to
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 06/03/2014 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
Contact: Francisco Avila,
925-674-7801
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the
Board of Supervisors on the date shown.
ATTESTED: June 3, 2014
David Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
D.13
To:Board of Supervisors
From:Catherine Kutsuris, Conservation and Development Director
Date:June 3, 2014
Contra
Costa
County
Subject:Continued Public Hearing Item - Appeal of the County Planning Commission Approval of LP13-2020 (110 Ardmore
Road, Kensington)
BACKGROUND: (CONT'D)
the February 4, 2014, and February 25, 2014, meetings. The continuance was in order for the applicant to prepare an
alternative site analysis for the project. The Board indicated that visual intrusiveness was a concern at the 110
Ardmore Road site and gave the applicant specific direction to explore alternative locations.
AT&T evaluated 12 alternative utility poles along Ardmore and Coventry Roads. All but one alternative utility pole
located in the Ardmore Road right-of-way adjacent to the property addressed as 801 Coventry Road was rejected due
to potential view impacts, insufficient climbing space along the pole and/or lack of signal propagation. Locating a
facility along Arlington Avenue was dismissed altogether due to the lack of utility poles and the fact that the planned
decorative light standards "are inadequate in height or structure to support an AT&T DAS node." Therefore, the
Board of Supervisors directed the applicant to pursue County approval of the 801 Coventry Road alternative. In
response, AT&T submitted County File #LP14-2014, on March 17, 2014. The application proposes to replace the
existing 30 foot tall utility pole at that site with a new 47 foot 5 inch pole and attach two new antennas atop the pole
for a maximum height of 50 feet 5 inches. That application was unanimously approved by the County Planning
Commission on May 13, 2014. An appeal of that decision was received by the County on May 23, 2014, therefore,
staff has recommended that the Board of Supervisors continue this matter to the July 8, 2014 meeting. The
continuance will allow sufficient time for staff to review the appeal of County File #LP14-2014 and present both
items for the Board's consideration at that July 8, 2014, meeting.
CONSEQUENCE OF NEGATIVE ACTION:
If the Board of Supervisors grants the appeal, the County Planning Commission's approval will be overturned and
AT&T will not have the authority to construct their proposed project.
CHILDREN'S IMPACT STATEMENT:
None.