AgdaPkt 2005-02-28 - Laserfiche WebLink

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ï.A-7 church property." Staff conducted a further investigation into this condition by reviewing the audio tapes of the public hearing and obtaining further clarification from the previous Zoning Administrator who presided over the Verizon Wireless application. As part of the Verizon application process, the neighborhood's concerns were addressed through a meeting facilitated by the Peninsula Conflict Resolution Center (PCRC). According to the previous Zoning Administrator the Verizon Wireless application was therefore limited to an array of 12 wireless antennas in a roof enclosure and a ground level equipment enclosure on the west side of the church. Due to the neighborhood concerns regarding this facility the permit that was granted to Verizon was restricted to the specific proposal. More specifically, additional antennas would not be allowed within the Verizon enclosure; however, this condition of approval does not prevent a separate or subsequent application submittal by another entity. Furthermore, the City does not have the ability to reject applications based on private party agreements (Le. an understanding between the First Congregational Church and the neighbors). Therefore, the AT&T application was evaluated based on its own merits with technical reports that addressed the cumulative impact for both facilities. Given the AT&T proposal for a separate equipment enclosure for the cabinets and antennas, the second application does not conflict with the previous Verizon Wireless application. Condition #14 stated, "Once the wireless communications facility is operating, the City will require that the ApplicantlPermitee submit documentation confirming that the facility is operating within the technical standards as described in the application and the Federal Communications Commission permit. Independent field strength or power density measurements (by an independent company and at the expense of the applicant) shall be provided to the Zoning Administrator within 30 days of issuance of a permit to activate the facility by the City Building Department. A baseline field strength and power density measurement of the subject area shall also be provided to the Zoning Administrator priorto the activation of the proposed facility." Compliance with this condition should be related strictly to the Verizon Wireless application and have no additional baring on any subsequent applications; however, in an effort to address the issue in a forthright manner staff conducted a records search to locate the documentation which verified the correct installation of the Verizon Wireless facility. Unable to locate the previous records staff required Verizon Wireless to conduct a follow-up Radio Frequency report to ensure that the Verizon Wireless equipment was operating within the F.C.C's requirements. The independent report prepared by Hammett & Edison, Inc. was consistent with the cumulative analysis provided by the Alaris Group (prepared by Diamond Services) and confirms that the Verizon Wireless facility is operating in compliance with the F.C.C's requirements. Staff provided this report to the appellants. Previous Use Permits for Wireless Communication Facilities: The Zoning Administrator is obligated to consistently apply the requirements of the Zoning Ordinance. Similar considerations with respect to co-location, noise, aesthetics and operational impacts have been addressed with other wireless communication facility applications. Furthermore, neither the previous, nor the current Zoning Administrator has had the ability to regulate an application based on radiation or any other environmental effect of radio frequency emissions to the extent that such facilities comply with the F.C.C.'s regulations. Alternatives 1. Uphold the appeal, thereby prohibiting the installation of the wireless 2/28/05 7