BOA agenda 121216 - Laserfiche WebLink

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1. Per Section 5.2.1 of the UDO, and consistent with the submitted application, the height of the tower shall not exceed a height of 199 feet above pre-construction grade (195 ft. tall tower with a 4 ft. lighting pole at the top for a combined total height of 199 ft.) as detailed within the approved application package as reviewed and acted upon by the Board of Adjustment at their December 12, 2016 meeting. 2. Per Section 5.10.8 (B) (4) (e) existing vegetation, as detailed on the approved site plan reviewed and acted upon by the Board of Adjustment at their December 12, 2016 meeting, shall be maintained as indicated in perpetuity. 3. Per Section 5.10.8 (B) (4) (u) the facility and is equipment will comply with all federal, state, and local emission requirements. 4. Per Section 5.10.8 (B) (4) (v) electro-magnetic radiation levels shall be maintained compliance with all federal, state and local requirements, including the requirements of the Federal Communications Commission regarding emission of electromagnetic radiation. Within 30 days of installation of equipment on the tower, and within 30 days of the installation of any additional equipment in the future, the tower owner shall provide documentation of emission levels in relation to FCC standards to the County for review. In addition, the tower owner must provide documentation of emission levels within five working days if so requested by Orange County. Orange County may make such requests at any time, not to exceed 2 times per year. 5. For public safety as required in 5.3.2(B)(2), Two ten pound 2-A:20-B:C dry chemical portable fire extinguishers shall be installed at the site at a conspicuous location for use during an emergency event as requested by the Fire Marshal. 6. As required within Section 5.10.8 (A) (1) (g) of the UDO, the applicant shall be required to provide a final copy of the installed foundation design including a geotechnical sub- RECOMMENDATION: Staff has reviewed the application, the site plan, and all supporting documentation and has found that the applicant complies with the application requirements, notice requirements, submittal requirements for telecommunications facilities, specific standards of evaluation for telecommunications facilities, and required regulations as outlined within the UDO Staff has not received any evidence indicating the project does not comply with the UDO, including the provisions of Section 5.3.2 (A) (2) inclusive, establishing the grounds for making a negative finding on the general standards as detailed herein. These standards include maintaining or promoting the public health, safety, and general welfare, maintaining or enhancing the value of contiguous property, the use is in harmony with the area in which it is to be located, and the use being in compliance with the general plan for the physical development of the County. The Board could make an affirmative finding on this application provided the Board of Adjustment finds in the affirmative on the specific standards of evaluation and general standards as detailed herein, and no evidence is entered into the record demonstrating the applicant has either: a. Failed to meet their burden of proof that the project complies with the specific development standards for a telecommunication facility, or b. Fails to comply with the general standards detailed within Section 5.3.2 (A) (2) of the UDO. In the event that the Board makes an affirmative finding, and issues the permit, staff recommends the attachment of the following conditions: 162