(A) Investigation. Following the submission of a completed application form, as well as the submission of all documents and materials, the Community Development Director shall undertake a review and evaluation of the applicant’s proposal for the purpose of preparing a written report to the Planning Commission which evaluates the proposal's compliance with the procedural requirements and standard conditions of this chapter, as well as its consistency with the goals, standards, and objectives of this chapter and the Alhambra General Plan. The report will evaluate the applicant’s efforts to identify, study, and consider alternatives and may recommend modifications and/or the addition of conditions to be attached to the applicant’s proposal as a condition of approval. The report shall also contain a recommendation as to the disposition of the proposal for which conditional use permit approval is sought. If the applicant proposes and the Community Development Director determines that an administrative collocation under this chapter is proper for the proposal, the application shall be considered under § 23.84.080 and not this section.
(B) Public hearing notice. The procedure set forth in Chapter 23.76 of this title shall constitute the procedure for conducting public hearings on a conditional use permit for a wireless facility or wireless transmission devices, and any accessory equipment except as otherwise specifically provided in this chapter.
(C) Findings necessary for approval. No conditional use permit shall be approved unless the Planning Commission, or the City Council in the course of an appeal, makes all of the following findings supported by substantial evidence:
(1) The applicant has submitted all applicable information, documentation and materials required;
(2) The wireless facility, wireless transmission devices, and any accessory equipment to be approved satisfies all applicable federal and state requirements and standards as to the placement, construction, and design, as well as all federal and state limits and standards concerning radio frequency emissions, signal interference with consumer electronic products and/or public safety communications, and other applicable operating and design standards;
(3) The proposal to be approved complies with all mandatory requirements and restrictions of this chapter; all applicable building and construction requirements of Title 20 (Buildings and Construction) of the Alhambra Municipal Code and applicable fire safety and fire prevention requirements set forth under the Alhambra Municipal Code, County of Los Angeles Fire Code, and all applicable state fire safety and prevention laws;
(4) The applicant has made a good faith effort to identify, study and evaluate less intrusive alternatives, including the use of less intrusive technologies and equipment; alternative system designs; alternative siting structure types; alternative siting structure design, including stealth designs; alternative scale or size of proposal; and alternative siting options (e.g., alternative locations within the search ring, collocation opportunities or placement upon alternative siting structures);
(5) In comparison to other identified, studied, and evaluated alternatives that are equally if not more capable of addressing the applicant’s service objectives, the proposal to be approved is the most consistent with the standards, goals, and objectives of this chapter and the Alhambra General Plan;
With respect to proposals for personal wireless facilities as defined herein which are intended to address gaps in network coverage, an identified alternative shall be considered equally capable of addressing the applicant’s service objectives in comparison to the applicant's requested proposal, if such an alternative is capable of reducing the purported gap in network coverage to a de minimis level.
(D) Findings necessary for denial of personal wireless service facilities. Notwithstanding any other findings made in support of the denial of a conditional use permit under this chapter, neither the Planning Commission nor the City Council in the course of an appeal, may deny a conditional use permit unless one or more of the following additional findings is made in writing:
(1) The applicant has failed to present all of the information, documentation or material required; or
(2) Substantial evidence presented as part of the record fails to establish the existence of a significant gap in personal wireless service coverage within the personal wireless service network of a personal wireless service provider applicant or co-applicant; or
(3) Notwithstanding the existence of a significant gap in personal wireless service coverage within the applicant’s coverage network, substantial evidence presented upon the record fails to establish that of all reasonably feasible alternatives capable of reducing the coverage gap to a de minimis level, the proposal for which a conditional use permit is sought is the least intrusive upon the goals and standards of this chapter and the Alhambra General Plan; or
(4) Substantial evidence presented as part of the record fails to establish that any proposed wireless facility, wireless transmission device or accessory equipment is capable of satisfying basic FCC requirements, limits or restrictions concerning radio frequency emissions or signal interference with consumer electronic products and/or public safety communications even with modifications and/or added conditions acceptable to the applicant; or
(5) Substantial evidence presented as part of the record fails to establish that any proposed wireless facility, wireless transmission device, support structure or accessory equipment is capable of satisfying applicable building, construction, fire safety or fire prevention standards set forth under Title 20 (Building and Construction) of the Alhambra Municipal Code, the County of Los Angeles or the state of California even with modifications and/or added conditions acceptable to the applicant.
(Ord. 4412, passed 6-11-01; Am. Ord. 4674, passed 7-13-15)