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DRAFT <br /> <br />OC Board of Adjustment – 6/8/2015 Page 66 of 68 <br /> <br />Friendly amendment made by Jeff Schmitt stated the proximity that the tower will be in the neighboring property 1 <br />owned by Ms. Hall. Motion seconded by David Blankfard. 2 <br />VOTE: Unanimous 3 <br /> 4 <br />RECOMMENDATION: 5 <br /> 6 <br />While staff has received numerous comments from local residents and property owners indicating 7 <br />they do not believe the proposed facility complies with the provisions of Section 5.3.2 (A) (2) 8 <br />inclusive, no specific evidence has been submitted for review establishing the grounds for making a 9 <br />negative finding on the general standards as detailed herein. These standards include maintaining or 10 <br />promoting the public health, safety, and general welfare, maintaining or enhancing the value of 11 <br />contiguous property, the use is in harmony with the area in which it is to be located, and the use being 12 <br />in compliance with the general plan for the physical development of the County. 13 <br /> 14 <br />Staff has reviewed the application, the site plan, and all supporting documentation and has 15 <br />found that the applicant complies with the specific standards and required regulations as outlined 16 <br />within the UDO 17 <br /> 18 <br />Provided the Board of Adjustment finds in the affirmative on the specific and general standards as 19 <br />detailed herein, and no evidence is entered into the record demonstrating the applicant has either: 20 <br />a. Failed to meet their burden of proof that the project complies with the specific development 21 <br />standards for a telecommunication facility, or 22 <br />b. Fails to comply with the general standards detailed within Section 23 <br />5.3.2 (A) (2) of the UDO, the Board could make an affirmative finding on 24 <br />this application. 25 <br />In the event that the Board makes an affirmative finding, and issues the permit, staff recommends the 26 <br />attachment of the following conditions: 27 <br /> 28 <br />1. The height of the tower shall not exceed a height of 129 feet above pre-29 <br />construction grade (125 ft. tall tower with a 4 ft. lighting pole at the top for a 30 <br />combined total height of 129 ft.) as detailed within the approved application 31 <br />package as reviewed and acted upon by the Board of Adjustment at their June 8, 32 <br />2015 meeting. 33 <br />2. Existing vegetation, as detailed on the approved site plan reviewed and acted 34 <br />upon by the Board of Adjustment at their June 8, 2015 meeting, shall be 35 <br />maintained as indicated in perpetuity. 36 <br />3. The facility and its equipment shall comply with all federal, state and local 37 <br />emission requirements. 38 <br />4. The electro-magnetic radiation levels shall be maintained compliance with all 39 <br />federal, state and local requirements, including the requirements of the Federal 40 <br />Communications Commission regarding emission of electromagnetic radiation. 41 <br />Within 30 days of installation of equipment on the tower, and within 30 days 42 <br />of the installation of any additional equipment in the future, the tower owner shall 43 <br />provide documentation of emission levels in relation to FCC standards to the 44 <br />County for review. In addition, the tower owner must provide documentation of 45 <br />emission levels within five working days if so requested by Orange County. Orange 46 <br />County may make such requests at any time, not to exceed 2 times per year. 47