Nevada City, CA
Use Permit, Epic Wireless

     Use Permit application by Epic Wireless Group on behalf of Verizon Wireless. The proposal is to erect eight (8) cellular antennas  affixed to various points of the rooftop of 109 North Pine Street. Please review the staff reports below for a more complete project description. .

    CURRENT STATUS:  The applicant has filed an appeal of the Planning Commission's decision to deny this Use Permit application. Epic Wireless is requesting that the City Council continue this item until a date in early 2017 to allow them time  to evaluate alternative antenna sites. This request will be made at the City Council meeting on Wednesday, November 30, 2016.  No action to approve or deny the appeal may be taken at this meeting. The Council is only being asked to set a future date for hearing in order to allow Verizon an opportunity to investigate alternative sites. Any comments regarding this agenda item should focus on the amount of time Council should consider for hearing the item in the future. The staff report can be found at the following link:

    Planning Commission Determination:
    At the September 15, 2016 meeting, the Planning Commission voted to deny this Use Permit application subject to the findings below and found the project exempt from CEQA pursuant to Pubic Resource Code §21080(b)(5), which exempts those projects which a public agency rejects or disapproves:

    A. That while  the city recognizes  cellular technology as an important component for business infrastructure and for our social and economic fabric, the proposed location, even with applied conditions is inconsistent with the purposes of the Historic District (HD) in that the proposed placement of the cellular antennas protrudes above the skyline and would be visible from a prominent  intersection within said district, and therefore has the potential to be detrimental to the historic character of the subject building and to the historic district as a whole and that this has the potential to negatively impact the economy and general welfare of the city and its inhabitants;

    B. That the proposed alteration is incompatible with the General Plan and its goal of Historic Preservation in that it has the potential to degrade the city’s present charm and attractiveness and degrade Nevada City’s strong sense of nineteenth century origin and contribute to an incremental degradation of the historic character;

    C. That the alteration of the subject building with the placement of the proposed cellular antennas would constitute a departure from the established architectural appearance of the building and that this departure has the potential to depreciate the values of all properties within the Historic District;

    D. That even though the subject building was constructed as recently as 2002, because it was reconstructed in the likeness of the preceding historic building, it continues to inform as to the historical environment and continues to contribute to an understanding of the city’s historical past and the proposed alteration would render it incompatible with the architecture of the surrounding buildings.

     Preliminary Plans  (updated 4/2016)
    Application and Questionnaire
    Coverage Map
    Photo Simulations (updated 4/2016)
    Radio Frequency Report     (updated 5/2016)
    Exhibits 1-11 Provided by applicant at June 16, 2016 meeting

     NOTICE OF SCHEDULED PUBLIC HEARING for September 15, 2016 at 2:00 at City Hall Council Chambers
     NOTICE OF SCHEDULED PUBLIC HEARING for August 18, 1016 at 1:30 at City Hall Council Chambers
     NOTICE OF SCHEDULED PUBLIC HEARING for June 16, 2016 at 1:30 P.M. at City Hall Council Chambers.
       See below for staff reports.
    NOTICE OF AVAILABLITY/NOTICE OF INTENT to file a Mitigated Negative Declaration for the Use Permit proposal.  A copy of the draft  Initial Study/ Mitigated Negative Declaration is available for review. Comments on this study must be received no latter than June 15, 2016, by 5p.m.

    An Advisory Review Committee (ARC) Meeting has been scheduled for  Tuesday, May 24, 2016 at 10 a.m. to review the prepared draft environmental document. The ARC will make a recommendation to the Planning Commission on environmental action pursuant to CEQA and they may make a recommendation on any aspect of the Use Permit application, including potential Conditions of Approval.  The link below contains a full staff report packet which includes a draft Mitigated Negative Declaration.

    August 18, 2016 Planning Commission Staff Report (continued from June 16, 2016)    
        June 16, 2016 Planning Commission Staff Report (updated 6/9/2016) (Draft IS/MND included)
        May 24, 2016 Advisory Review Committee (Draft Mitigated Negative Declaration included in packet)
        January 21, 2016 (Architectural Review Only-Continued)
        March 17, 2016 ( Architectural Review Only-Approved)

     PUBLIC COMMENT (not included in the staff report):
        David Adams email w/ Attachments (June 10, 2016)
        David Adams - additional opposition letter (June 13, 2016)
        David Adams - aesthetics opposition letter (June 13, 2016)
        Marston Schultz - opposition letter w/Attachments (June 15, 2016)
        David Adams  - coverage gap opposition letter (June 15, 2016)   
        David Adams - IS/MND opposition letter (June 16, 2016)
        Nevada County Historical Society, August 5, 2016
        Graph: “Symptoms by People in the Vicinity of Cellular Phone Base Station,” submitted by Marston Schultz
        Email: Re: Property Devaluation Near Cell Towers and Antennas, submitted by Paula Orloff
        Email: Re: Decrease in Property Values for Properties near Cellular Antennas and Towers, submitted by David Adams, Richard Cristdahl, Paula Orloff, Susan Pelican, and a Group of Concerned Citizens, Businesses, and Property Owners+
      Email: Re: Cell Tower Project Review August 18, 2016, submitted by Jill Fuerst
        Letter to EBI Consulting from Nevada County Landmark's Commission
        Letter to Planning Commission from Laurie Oberholtzer
        Petition Sheets - Submitted at June 21, 2016 meeting
        Correspondence & Literature submitted at August 18, 2016 meeting
         Email responses to Verizon text message
         David Adams - Suggested Denial Findings
         P. Orloff - Property Devaluation Information
         Richard Cristdahl - ADA disability liability information, submitted 9/14/2016
          R. Cristdahl : Science of total Environment- 11/30/2016
          R-Cristdahl: NTP Preliminary Report-11/30/2016
          P. Orloff: Governments and Orgs. that Ban or Warn Against Wireless Technology-11/30/2016
           P. Orloff: FAQs About National Toxicology Program Radiofrequency Rodent Carcinogenicity Research Study-11/30/2016
           M. Lipowitz: "Telecom Notices to Stockholders" and "Insurance Companies' Electromagnetic Field Exclusions"-11/30/2016
        Video Links:
              Cell Tower Community Meeting, Dr. Magda Havas   (submitted by Marston Schultz July 26, 2016)
               Health Risks of EMF, Dr.  Martin Blank (submitted by Marston Schultz July 26, 2016)
           "Wake Up Call" Olle Johannsson EMF Expert  (submitted by Marston Schultz July 26, 2016)
               RESONANCE Beings of Frequency   (submitted by Marston Schultz July 26, 2016)

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