r <br />permitted use, subject to site review procedures, or require a conditional use permit. <br />(c) Conditional Use Permit. A telecommunication facility which, pursuant to <br />subsections (4) or (5) of this section, requires a conditional use permit shall be <br />processed in accordance with the conditional use permit procedures of this land <br />use code, except that the variance provisions shall not apply. The criteria contained <br />in EC 9.8090 Conditional Use Permit Approval Criteria - General and subsections (6) <br />and (7) of this section shall govern approval or denial of the conditional use permit <br />application. In the event of a conflict in criteria, the criteria contained in <br />subsections (6) and (7) of this section shall govern. No development permit shall be <br />issued prior to completion of the conditional use permit process, including any local <br />appeal. <br />As noted in the preliminary issues at the beginning of the staff report, the applicant has submitted for <br />concurrent tentative PUD and CUP approval but also requests that the Hearings Official make a <br />determination as to whether the proposed tower requires a CUP. The applicant also requests that if a <br />determination is made that no CUP is required, the application fee be refunded. If the Hearings Official <br />finds that a CUP is'not required, the City's adopted fee schedule notes that "if an application is withdrawn <br />and the applicant requests a refund in writing , a refund of the balance of the fee, minus staff processing <br />cost at $55 an hour through the date the application is withdrawn, will be issued to the applicant." So, a <br />partial refund of the fee could be refunded. <br />(5) Construction of Transmission Tower. Construction of a transmission tower, or a <br />modification of an existing transmission tower to increase its height, shall be allowed <br />as follows: <br />(c) Conditional Use Permit. Such construction shall require a conditional use permit in <br />the R-1, C-1, S (other than S-WS) and GO zones. <br />The subject property is zoned R-1 and the applicant has applied for a CUP consistent with this criterion. As <br />noted previously the applicant asserts that, while they have applied for a CUP, one is not required as EC <br />9.2740 notes that uses subject to CUP requirements (listed as (C) in the table) can also be approved <br />through PUD procedures. While this is true, Table EC 9.2740 lists the Telecommunications Facility use as <br />(S), which refers to these telecommunications standards at EC 9.5750. This criterion in turn, requires a <br />CUP for telecommunications towers in R-1. There is no direct link back to the provisions at EC 9.2740 <br />which allow PUD procedures in place of the CUP. As the applicant has applied for a CUP, this criterion is <br />met. If the Hearings Official is to find that a CUP is not required, findings would need to be made under <br />this criterion noting how PUD procedures can be used in lieu of CUP procedures. <br />(6) Application Requirements. <br />(b) Construction of Transmission Tower. in addition to standard required application <br />material, an applicant for a transmission tower shall submit the following <br />information; additional application material is required, as specified in paragraph <br />(c) below, for applications requiring a site review or conditional use process: <br />1. A description of the proposed tower location, design and height. <br />The applicant provides a description of the proposed tower location on Sheets T-1' and G-1 of the site <br />Staff Report <br />(PDT 10-2 & CU 11-1) June 2011 1$ <br />HO Agenda -Page 1 <br />