AgdaPkt 2005-02-28 - Laserfiche WebLink

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7. A - b procedures, the City anticipates that the distance of the equipment from the adjacent properties and publicly accessible areas, will effectively mitigate equipment noise and vibration to an insignificant level. Furthermore, the proposed equipment cabinets will be located within an enclosure, which will serve to further minimize the visual and noise impacts to the adjacent properties. Aesthetics: The Architectural Review Committee (ARC) reviewed the proposed project and made recommendations to ensure that the visual impacts associated with the proposed project are minimized to the extent possible. The proposed design along with the incorporation of the conditions of approval will adequately screen the proposed antennas within a new church steeple, which will be constructed in an architectural style consistent with the existing church building. (Please refer to Attachment #4, photo simulations). Radiation: As previously mentioned radiation associated with wireless communication installations is subject to review by the Federal Communications Commission's (F.C.C.) Wireless Telecommunications Bureau and not the City of Redwood City. However, conditions related to radiation were provided in the Notice of Official Action to ensure that the public had access to this information. The proposed radiation levels are well within the allowable limits as set by the FCC per the applicant's RF report. When combined the radiation level of the existing Verizon and proposed AT&T facilities would represent 1 % of the existing standard for general population uncontrolled exposure. Conditions of approval associated with this project ensure that the installation and operation of the proposed facility is in compliance with the F.C.C.'s requirements. The appellant's letter made mention of "health reasons stemming from the constant radiation" associated with the proposed application. However, as previously mentioned, the City does not have the ability to regulate the radiation levels associated with proposed application if it is in compliance with the F.C.C's requirements. More specifically, the Telecommunications Act of 1996 contains provisions relating to the Federal jurisdiction to regulate human exposure to RF emissions from certain transmitting devices. In particular, , Section 704 of the Act states that, "No State or local government or instrumentality thereof may regulate the placement, construction, and modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the Commission's regulations concerning such emissions.',1 As such, the City cannot take action on this item as it relates to radiation. Administrative Process/Record: The appellant's letter made reference to the "violation of contract" Based on testimony received at the public hearing and subsequent communications with the appellants, staff believes this statement refers to conditions of approval that were established as a part of the February 20, 2003 Notice of Official Action which gave approval for the Verizon Wireless application. Condition #10 stated, "No additional communications equipment shall be allowed on the 1 Federal Communications Commission's Wireless Telecommunications Bureau website www.fcc.QOV 2/28/05 6