the 45 dBa limitation and will be well under this threshold. Staff agrees with the <br />applicant's assertion that the Eugene Code allows for the visual mitigation of <br />above ground [facilities] with stealth design or landscaping. In this case, the <br />proposed landscaping, six foot tall photinia shrubs, should provide adequate <br />screening of the air conditioning units. Staff supports the granting of a variance <br />for this amended proposal." <br />Therefore, the applicant has satisfied all the requirements of EC 9.5750 and the <br />requirements for a variance pursuant to EC 9.5750(9). <br />2. EC 9.8090 - Conditional Use Permit Approval Criteria <br />EC 9.8090 provides the approval criteria for conditional use permits. EC 9.8090(1) requires <br />that the proposal be consistent with the applicable provisions of the Metro Plan and any applicable <br />refinement plans. The property is planned for low density residential use, and telecommunication <br />towers are allowed as conditional uses on low density residential land. In Northgreen Property <br />LLC v. City ofEugene, 65 Or LUBA 83 (2012), aff'd 259 Or App 306 (2013) (Northgreen), LUBA <br />held that Metro Plan Policy EA constituted an applicable Metro Plan provision for cell towers. <br />Metro Plan Policy EA provides: <br />Public and private facilities shall be designed in a manner that preserves and <br />enhances desirable features of local and neighborhood areas and promotes their <br />sense of identity." <br />The applicant described the desirable features of the local and neighborhood area as <br />a mix of uses, architectural styles, and mature tress of various heights <br />and species. The location of the proposed mono-fir and the design itself are <br />proposed as to become part of the background of the area, including use of the <br />existing building for the portions of the facility that can be located internally. <br />External portions of the facility are screened with proposed wood fencing and <br />proposed landscaping. The WCF will also not only be compatible but an <br />enhancement to the area, as it will support the ever growing use of wireless <br />devices by the residents of the area." <br />The staff report identifies Policy G.1 of the Public Facilities and Services Element, which <br />supports the extension of key urban services and facilities such as telecommunication facilities, as <br />an applicable Metro Plan policy. The staff report also identifies the applicable refinement plan as <br />the River Road - Santa Clara Urban Facilities Plan. In particular, the staff report identifies <br />Commercial and Industrial Land Use Policies 1.0 and 2.0, which provide: <br />1.0 Maintain and enhance the compatibility of adjacent land uses through the <br />use of appropriate buffering mechanisms, such as landscaping standards; <br />Hearings Official Decision (CU 14-4) 6 <br />251