§ 23.84.090 APPLICANT’S EVIDENTIARY BURDEN.
   Each applicant is responsible for presenting substantial evidence upon the record that adequately supports the findings and determinations necessary for the approval of a conditional use permit or that confirms the conditions necessary to authorize the issuance of an administrative collocation permit under this chapter or which adequately rebuts any findings in favor of a denial for the same. With respect to conditional use permit approvals, substantial evidence includes, but is not limited to, substantial evidence which:
   (A)   Identifies and establishes the location and geographic boundaries of any purported gap in network coverage;
   (B)   Identifies and establishes the nature of a purported gap in network coverage (e.g., whether it is the result of inadequate signal strength or inadequate service capacity);
   (C)   Identifies and establishes the scope of any purported coverage gap at various locations with the geographic boundaries of the gap (e.g., where it is limited to in-building coverage, in-vehicle coverage and outdoor coverage etc.);
   (D)   Demonstrates, details, and explains the applicant’s good faith efforts 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; and alternative siting options (e.g., alternative locations within the search ring, collocation opportunities or location upon alternative siting structures);
   (E)   Details and explains those specific circumstances, conditions or other factors which render each of the identified alternatives incapable of reducing the purported coverage gap to a de minimis level;
   (F)   Demonstrates that the proposal complies or, with the addition of modifications or conditions to the proposal, can be made to comply with FCC radio frequency emissions standards or standards relating to signal interference with consumer electronic products and/or public safety communications; and
   (G)   Demonstrates that any proposed wireless facility, wireless transmission device, support structure or accessory equipment satisfies or, with the addition of modifications or conditions to the proposal, can be made to comply with applicable building, constructions, 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. 4674, passed 7-13-15)