Planning Commission approves 85-foot San Jose Water antenna at 12329 Mabry Road over resident objections

The San Jose Planning Commission on an evening consent vote approved a conditional use permit (CP24-022; ER24-159) to allow construction of an approximately 85-foot lattice tower and antenna for San Jose Water’s remote meter network at 12329 Mabry Road, passing 6–1 with two members absent.

The project manager, Rina Shah of the city’s Planning Division, described the proposal as: "This project consists of a conditional use permit to allow the construction of a utility facility, including an approximately 85 foot high lattice tower with an antenna used for remote water meter data collection." Shah said the tower would sit on a triangular parcel bounded by Penitencia Creek to the north and residential development on the other sides, that it meets the site's public/quasi-public general plan designation and applicable development standards, and that the site would be screened by existing trees and fencing.

Shah also stated the proposed radio transmitters operate at about 1.9 milliwatts, compared with an FCC maximum transmit power of 25 milliwatts, and said the project is required to follow Federal Communications Commission radio-frequency safety criteria. Staff determined the project is categorically exempt from CEQA under section 15303 for small-structure construction and recommended approval.

Scott Hoffman, an engineer representing San Jose Water, told commissioners the antennas are intended to allow remote, real-time meter reads and leak notification. "This antenna is part of over 15 different antennas spread throughout Santa Clara County ... so that we can read water meters remotely and provide real time data on usage. And we can notify people when there's a leak," Hoffman said. Hoffman said a propagation study determined the height and spacing and that lowering the antenna would require more sites.

Two nearby residents spoke in opposition during public comment. Nathan Valentine said construction would bring dust and other health hazards and warned the tower could "attract, like, lightning hazards." Giovanna Mehdi said the tower would alter the neighborhood’s skyline and could depress property values: "It will definitely change the skyline ... and it will severely impact the price of the land." Both speakers asked the commission to block the project.

Commission discussion focused on construction impacts and site selection. Vice Chair Cantrell asked about dust mitigation; Shah pointed to environmental condition number 23 in the staff resolution, which includes standard construction air-quality and dust-control measures. Commissioner Borocio asked whether nonresidential locations (for example, near the flea-market/industrial areas) had been considered; Hoffman said San Jose Water has primarily placed antennas on its own properties or tanks and that relocating would require a propagation study and potential property acquisition. Commissioner Bickford asked how many sites are planned; Hoffman said the applicant is permitting a total of nine antennas, six within San Jose, with some antennas placed on tanks and others as lattice towers.

A motion to approve the staff recommendation was made by Commissioner Oliverio and seconded by Commissioner Young. The roll call vote was: Vice Chair Cantrell — yes; Commissioner Borocio — no; Commissioner Bendel — yes; Commissioner Bickford — yes; Commissioner Lardinois — absent; Commissioner Oliverio — yes; Commissioner Rosario — absent; Commissioner Young — yes; Chair Anthony Tortillos — yes. The motion passed 6 yes, 1 no, 2 absent.

The permit approval is subject to standard planning and building permit review and the environmental and construction conditions in the resolution. Staff and the applicant noted that building permits must be obtained and that the building division is responsible for structural safety review; staff also said the project must comply with the FCC’s radio-frequency safety criteria.

Votes at a glance

- Motion to adopt staff-recommended deferrals for GP-18-012 / PDC-23-009 / ER-23-056 and Burbank-related annexation items: motion passed (7 yes, 0 no, 2 absent). (Mover: Commissioner Lardinois; second: Vice Chair Cantrell.)

- Motion to adopt the remainder of the consent calendar (items other than CP24-022): motion passed (8 yes, 0 no, 1 absent). (Second recorded as Commissioner Oliverio; mover not specified on the record.)

- Motion to approve CP24-022 / ER24-159 (12329 Mabry Road — 85-foot lattice tower): motion passed (6 yes, 1 no, 2 absent). (Mover: Commissioner Oliverio; second: Commissioner Young.)

Next steps for the tower include submittal and review of building permits and compliance with the environmental and construction conditions adopted with the permit. The Planning Commission’s approval is final for this conditional use permit; any subsequent building permits and inspections will be handled by the city’s Building Division.