<br />(10) Removal of Facilities. <br />(a)All transmission towers and antennas shall be removed by the person <br />who constructed the facility, by the person who operates the facility, or <br />by the property owner, within 6 months of the time that the facilities <br />have ceased being used to transmit, receive or relay voice and data <br />signals to or from wireless communication devices. The city manager <br />may grant a 6-month extension where a written request has been filed, <br />within the initial 6-month period, to reuse the tower or antennas. <br />(b) If a transmission tower is located within an R-1, PL, C-1 or GO zone, the <br />provisions of subparagraph (a) also shall apply to the tower <br />substructure and all above ground ancillary facilities. <br />(c) The city may require the posting of an open ended bond before <br />development permit issuance to insure removal of the transmission <br />tower, substructure or antennas after the facility no longer isbeing <br />used. <br /> <br />In the event of an approval of this application, conditions of approval would be needed to <br />ensure compliance with these requirements. <br /> <br />(11)Application Review and Fees. The city manager shall retain one or more <br />consultants to verify the accuracy of statements made in connection with an <br />application for a building or land use permit for a telecommunications facility. <br />Notwithstanding any other provision of this code, the city manager shall <br />require the applicant to pay, as part of the application fees, an amount <br />sufficient to recover all of the city’s costs in retaining the consultant(s). <br /> <br />As previously discussed, Carl Bloom of Environalysis, LLC, was retained to verify the accuracy of <br />statements made in the applicant’s submitted noise report and RF emissions report. The <br />Center for Municipal Solutions(CMS) was retained to verify the accuracy of the applicant’s <br />submitted materials and statements made related to EC 9.5750 Telecommunication Devices- <br />Siting Requirements and Procedures. <br /> <br />EC 9.8090(9):The proposal complies with the Traffic Impact Analysis Review <br />provisions of EC 9.8650 through 9.8680 where applicable. <br />Public Works staff confirms that the proposed development does not require a TIA, based on EC <br />9.8670. <br />Staff Recommendation <br />Based on the available evidence, and consistent with the preceding findings contained in this <br />report, staff concludes that the applicant’s CUP request does not comply with all applicable <br />approval criteria at EC 9.8090 and related telecommunication standards at EC 9.5750. Staff <br />therefore recommends that the Hearings Official denythe request. <br /> <br />HO Agenda - Page 35 <br />