Planning Commission Agenda and Packet 2009 02 12

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that this distance will diminish to overall impacts of the proposed GMMU and, therefore, does not require the need of screening. Health and Noise The LMC requires that "all applicable FCC regulations regarding human health and exposure to radio frequency emissions shall be met. Applicants shall furnish an affidavit stating that they have complied with such requirements." The applicant has stated in their letter of intent that "Sprint Nextel is a licensed provider by the FCC and will comply with all applicable FCC rules pertaining to the CMRS facility, including regulations regarding human health and exposure to radio frequency emissions..." Staff acknowledges this statement to be acceptable in lieu of an affidavit. SRU CRITERIA: Special Review Use: The City's zoning code requires that the Planning Commission review five criteria when considering SRU applications. Following are staff comments on those criteria: 1. The proposed use/development is consistent in all respects with the spirit and intent of the comprehensive plan and of (Chapter 17), and that it would not be contrary to the general welfare and economic prosperity of the city or the immediate neighborhood; According to Section 17.12.030, ATS is a permitted use in the Industrial zone district, as long as an SRU permit is granted for the design and location. Also, because the proposed ATS does not increase traffic congestion it would not be contrary to the general welfare and economic prosperity of the city of the immediate neighborhood. Therefore this use is consistent with all respects with the spirit and intent of the LMC (Chapter 17). This criterion has been met. 2. That such use/development will lend economic stability, compatible with the character of any surrounding established areas; The applicant is making all attempts necessary to provide a design that will be compatible with the surrounding established areas. This criterion has been met. 3. That the use/development is adequate for internal efficiency of the proposal, considering the functions of residents, recreation, public access, safety and such factors including storm drainage facilities, sewage and water facilities, grades, dust control and such other factors directly related to public health and convenience; 4