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Analysis Land Use The proposed project is a"Communications Services-Type II" use type that may be conditionally permitted in the Low Density Residential Zone with an approved Use Permit application. The 2.03 acre parcel Contains an existing Religious Assembly, and the surrounding parcels are residential. The parcel to the south is in the City of Stockton, the parcel to the east is a public school, and the parcel to the west is a single family dwelling. This project complies with the Development Title Section 9-1065.4[d] that requires "new freestanding support structures to be located a distance equal to at least the height of the said structure from residential structures on adjoining properties". The nearest residence is on the parcel to the west and is more than 100 feet from the proposed tower. Collocation Development Title Section 9-1065.5 states that unless shown not to be feasible for the applicant or considered not to be desirable by the Review Authority, a new wireless telecommunication facility shall collocate on an existing wireless telecommunications facility or, if an existing wireless telecommunications facility is not present within the coverage area of the proposed facility, on an existing structure or building on publicly owned or controlled property". The applicant has supplied a letter stating there are no suitable existing structures found in the immediate or adjacent areas that would allow T-Mobile to obtain its coverage objective. The applicant also supplied a map showing the existing coverage area without this Cellular Tower and the future coverage area with this Cellular Tower. Neighborhood Opposition The Community Development Department has received one letter and one petition, with thirty (30) signatures, in opposition to this project. The letters expressed concerns regarding health effects, aesthetics, vandalism, notification, justification for the construction of the tower, and the location of the tower. Health Effects The Federal Communications Commission has jurisdiction of Electromagnetic Interference. Section 704(a)of the Telecommunications Act of 1996 expressly preempts state and local government regulation of the placement, construction, and modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the FCC's regulations concerning such emissions. Aesthetics The project complies with Development Title Section 1065.4(c)(1) by installing a six(6)foot high slatted and vinyl coated chain link fence to screen freestanding support structures and supporting equipment from public view. This project is not along a scenic route or scenic vista as described in the San Joaquin County General Plan figure VI-2. San Joaquin County PA-0800327/1s` Church of Christ Scientist Community Development Page 3