Napa Planning Commission Meeting - September 15, 2022: DISH Wireless Use Permit Approved
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Napa Planning Commission Meeting - September 15, 2022
The Napa Planning Commission met on September 15, 2022, at 5:30 PM in City Council Chambers. The primary agenda item was a continued public hearing for a Use Permit (PL22-0036) requested by DISH Wireless to install a telecommunications facility at 849 Jackson Street. After extensive public comment, expert testimony, and deliberation, the Commission voted 3-1 to approve the permit with several conditions. The meeting also included routine consent calendar items, a brief public comment period, and administrative reports.
Consent Calendar
- The consent calendar was approved by a single vote without discussion or items removed.
Public Comments & Testimony
- Several members of the public spoke in opposition to the proposed cell tower, raising concerns about radio frequency (RF) exposure, proximity to schools, homes, and a CrossFit gym, property value impacts, and the adequacy of FCC guidelines. Speakers included Mark Dalman, Deborah Dalman, Amy Martinson (from Napa Neighborhood Association for Safe Tech), Valerie Wolf, and Lynn Robar. They urged the Commission to deny the permit or require an environmental assessment.
Discussion Items
- DISH Wireless at 849 Jackson Street (PL22-0036): The project proposes installation of six panel antennas on the roof of an existing light industrial building, screened by architecturally integrated panels, and a ground-mounted equipment cabinet. Staff recommended approval, finding the project exempt from CEQA under Class 3 and consistent with zoning. Commissioners questioned staff about the scope of their authority, the FCC’s role, and the cumulative effects of multiple carriers. The applicant presented an RF expert, Dr. Gerald Bushberg, who testified that exposures would be well below FCC limits and that standards include a 50-fold safety factor. Public comment raised concerns about health effects and the validity of FCC guidelines. After deliberation, the Commission discussed adding conditions: baseline and annual RF measurements, physical safety barriers, and bilingual signage. Chair Huether proposed including a statement that approval is not based on environmental health analysis but on the physical and aesthetic aspects. The motion passed 3-1, with Commissioner Shotwell dissenting.
Key Outcomes
- Motion to Approve (3-1): The Planning Commission adopted a resolution approving the Use Permit for DISH Wireless at 849 Jackson Street, subject to modified conditions including:
- Submission of baseline RF measurements following operation start.
- Annual RF measurements for five years (reported to the Commission).
- Installation of a physical safety barrier around rooftop equipment.
- Signage in English and Spanish.
- Reference to the updated RF EME report.
- The Commission expressed frustration with federal preemption over RF health concerns and noted the need for a future zoning code update to better regulate telecommunications facilities. Staff introduced a new assistant planner and discussed the handling of late communications; the majority preferred receiving them in real time as staff receives them.
- The next regular Planning Commission meeting is scheduled for October 6, 2022.
Meeting Transcript
I just think that I think I actually said one of the good evening. And welcome to the September 15th, 2022 City of Napa regular meeting for the Planning Commission. Please note that due to the rise in COVID, staff is wearing masks, as are some of the commissioners. If you would like to wear a mask, there's a box in the back there. Commissioner Urdello. Commissioner Kelly. Present. Commissioner Shotwell, present. Vice Chair Masaro. Present. And Chair Heather noted absent. May we all rise for the Pledge of Allegiance? And to the Republic for which it stands. The Planning Commission conducts all meetings in accordance with the Ralph M. Brown Act under California government code sections 5495 50. And pursuant to the city's rules of order for planning commission meetings. Staff, are there any changes to this evening's agenda? There are none. Commissioners, any proposed changes to the agenda. No changes. Not otherwise noted on the agenda. Each speaker's comments will be limited to three minutes and will comply with the rules of order for the planning commission. Do we have any members here who would like to speak on any item not on tonight's agenda? If you do, please go to the podium. Very good. Motion to approve. To close to close the discussion. Some of second. All those in favor? Aye. Public hearings and appeals. Applicants or appellants are allowed 10 minutes to present testimony at the beginning of the public hearing. And if needed, five minutes to present rebuttal at the end of the public hearing. All other speakers will be limited to three minutes. If you would like to speak on any item tonight, well, we only have one item, the dish wireless. Please fill out a card on the back and give it to Patty if you have not done so already. Good evening, Commission. Um this will be the presentation for the continuation hearing of PL 2022 36 dish wireless at Jackson Street. Again, the mitigation measures remain the same as the image report, and the proposed number of antennas did not change. Not the one that was previously supplied. So the date has changed from February 23rd, 2022 to September 13th, 2022, the date of the new report. We've provided a printed copy for you guys in front of you. And then the applicant team has brought in RF expert for your questions. So if you have any technical questions, please save them for the expert. Make a note. Just a review of the project. Six total antennas are proposed on top of the existing building at Jackson Street. It is the new building at 849 Jackson Street. Four antennas in the northeast and two in the northwest, seen there in red, and then the blue in the bottom corner is the equipment cabinet, which will be located within an existing structure. The existing building height is 35 feet, and the antennas will peak at 38 feet, so it is not adding substantial height to the building.
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