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I •ti <br /> sufficient time to meet its 60 day requirement for a Section 6409(a)request. Therefore,for a <br /> request to locate an antenna on an existing or replacement tower or structure in or within 300 feet <br /> of a residential zone,which is also a Section 6409(a)request,should be reviewed under Review <br /> Process I. <br /> The Zoning Code also requires an increase in the height of a structure associated with <br /> communications facilities of more than 20 feet be approved pursuant to Review Process II.3 <br /> EMC 41.150.D.1.b.9. Again,the City would most likely not be able to meet its 60 day <br /> requirement for a Section 6409(a)request. Therefore,a request to increase the height of a <br /> structure associated with communications facilities up to 20 feet or 10%,whichever is greater, <br /> which is also a Section 6409(a)request,should be reviewed under Review Process I. <br /> Purpose: Because of the potential conflict between the City's regulations and the mandate for <br /> compliance with federal regulations,including timeframes,this Planning Director Interpretation <br /> is intended to clarify the process to use in light of the 60 day review period imposed on local <br /> governments pursuant to the federal regulations implementing Section 6409(a)and the potential <br /> obstacles to the City in meeting that timeline under Review Process II. <br /> Planning Director Interpretation: The Planning Director hereby provides the following <br /> interpretation: <br /> A Section 6409(a)request to locate an antenna on an existing or replacement tower or structure <br /> in or within 300 feet of a residential zone,and/or a Section 6409(a)request to increase the height <br /> of a structure associated with communications facilities should be processed pursuant to Review <br /> Process I because Review Process II does not provide sufficient time for the City to meet its 60 <br /> day action deadline required by the regulations implementing Section 6409(a),and federal law <br /> and regulation preempt local laws. <br /> --` /2 -2- - /5 <br /> Director Date <br /> 3 Such height increases up to 20 feet are exempt from Review Process II pursuant to EMC 19.41.150.D.1.b.9,and <br /> are subject to Review Process 1. Otherwise Review Process 1I applies pursuant to EMC 19.41.150 D.I.b.2. <br /> Planning Directors Interpretation Page 2 <br /> PDI 15-04 <br />