2001-050 - Denying Conditional Use Permit No. 2001-12

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EXHIBIT A FINDINGS OF FACT FOR CONDITIONAL USE PERMIT NO. 2001-12 Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community. The subject site is an Edison substation property and the proposed Sprint lease area would be located in the southwest corner of the substation. Although the site is a substation, the proposed monopole location does not meet the City's Wireless Communication Facility Iocational guidelines. The guidelines encourage facilities to be "separated from residential areas to the greatest extent feasible" or at least a minimum distance of 140 feet. The separation distance as proposed is less than 100 feet from multifamily residences on the south side of Central Avenue. Will the proposed use, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The Federal Communication Commission regulates the wireless telecommunication industry through the Telecommunications Act of 1996. Local jurisdictions ara not permitted to address electrical magnetic emissions, as related to health issues, in considering land use issues, Sprint proposes a pine tree design to stealth the proposed 60-foot high monopole; however, the monopole exceeds the height of the existing pine trees on the Edison site. Locating the monopole less than 100 feet from multi-family residences would visually impact the residential development affecting the aesthetic quality of life in the neighborhood. Will the proposed use adversely affect the present economic development of property in the surrounding area. The economic values of the surrounding properties would be affected by the proposed project since the 60 foot monopole would be a located less than 100 feet from the multi-family residences and commercial development creating aesthetic impacts affecting the viability of the surrounding area. Will the proposed use comply with the regulations and conditions specified in this chapter for such use. The project does not conform to the Iocational guideline that encourages a 140- foot separation between residential land use and e wireless facility. The proposed lease area is 165 feet from Edison's eastedy property line abutting Resolution No. 2001-050 Page 3 of 4