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CUP No. 2022-15 Major Wireless Communications Facility Renewal September 26, 2022 Page 3 2 9 2 2 Project Analysis CUP requests are governed by Section 41-638 of the SAMC. CUPs may be granted when it can be shown that the proposed project will not adversely impact the community. If these findings can be made, then it is appropriate to grant the CUP. Conversely, the inability to make these findings would result in a denial. In analyzing the CUP request, staff believes that the following analysis warrants staff’s recommendation. As part of the development review of the project, staff worked closely with the applicant to identify improvements to enhance the overall appearance of the site. These improvements include replacement of all deteriorating and/or faded stealth branches or needles and refreshing antenna socks, as needed. In processing wireless communications facilities, the City of Santa Ana must consider provisions contained within Section 6409(a) of the Middle Class Tax Relief Act [47 U.S.C. § 1455(a)], which limits the ability of local agencies to impose additional conditions of approval when cell phone tower permits are renewed. These limits include additional stealthing if such screening or stealthing was not required at the time of original construction and/or seismic retrofits. Since the original approval included matured landscaping and decorative fencing to mitigate aesthetic intrusion to the surrounding area, a condition of approval is included to install a wrought iron fence and provide additional landscaping along that fence, thereby reverting to the design approved by the original entitlement. This location is optimal to provide the coverage necessary for existing and expanding service. The facility provides a benefit to Santa Ana residents, businesses and motorists who subscribe to mobile phone services by providing cellular and data capacity in the area. The facility will be in compliance with Federal law that governs health related issues for wireless facilities, including safety regulations from the Federal Communications Commission (FCC) and Federal Aviation Administration (FAA). Finally, the use will continue to comply with all provisions pertaining to the construction and installation of wireless facilities identified in Chapter 41 (Zoning Code) of the SAMC. As conditioned, the facility continues to meet all height, location/zoning, and stealthing standards. The facility will not adversely affect the General Plan, as cellular facilities that are designed to be compatible with the surrounding environment are consistent with the goals and objectives of the Land Use Element. Goal 1 promotes a balance of land uses to address community needs including the means of communication provided by the facility. Policy 1.1 of the Land Use Element encourages development that fosters compatibility between land uses to enhance livability. Goal 1 of the Public Services Element calls for providing quality and efficient facilities that are adequately funded, accessible, safe, and strategically located. Policy PS-1.2 calls for equitable distributions to ensure public services reflect changing population needs and are equitably distributed and accessible, with priority assigned to improving areas that are underserved and/or within environmental justice boundaries. Goal PS-2, to preserve a safe and secure environment for all people and property, is also applicable. Policy PS-2.11 calls for coordinating with utilities and public agencies to develop, maintain, relocate, and/or 9/26/2022 Planning Commission 2 – 3