31B - CUP - 2700 S FAIRVIEW - Laserfiche WebLink

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Conditional Use Permit No. 2016-27 November 28, 2016 Page 2 In August 2006, the Planning Commission approved Conditional Use Permit No. 2006-09 to allow the construction of the subject mono -pine and equipment enclosure. Pursuant to SAMC Section 41- 198.3(3), a CUP is required for all major wireless communications facilities in the City. Furthermore, Section 41-198.13 states that major wireless communications facilities shall be approved for a period not to exceed five years. Since the adoption of the City's Wireless Communication Facilities Ordinance, State legislative acts have changed and now require that cities approve wireless facilities for a period of not less than 10 years. Since the current facility is now over 10 years old, the applicant is required to apply for a new CUP in order to maintain entitlements for the wireless facility current. Project Analysis In July 1998, the City Council adopted Ordinance No. NS -2356, which established regulations for wireless communication facilities throughout the City. Major wireless communication facilities such as the SBA Communications facility are required to have a stealth design and to be located in an area that provide the greatest amount of visual screening, The existing wireless communication facility was designed as a mono -pine that exhibits consistency in tree size, character and color to that of the surrounding vegetation and it is located within a gated leased area and the ancillary electrical equipment cabinets are screened by landscape. In addition, the wireless facility is surrounded by mature trees and is at the furthermost edge of the property (southwest corner), over 500 feet from South Fairview Street. The stealth tree bark and fronds of the facility remain in place; however, the fronds have faded since the facilities construction 10 years ago. As part of this application, the applicant will replace all fronds that have deteriorated. Pursuant to provisions contained within Section 6409(a) of the Middle Class Tax Relief Act (47 U.S.G. § 1455(a)], local agencies are preempted from requiring additional screening or stealthing of the facility if such screening or stealthing was not required at the time of original construction. Staff believes that replacement of the existing fronds will enhance the appearance of the mono -pine and is in accordance with the Middle Class Tax Relief Act. Furthermore, this location is optimal to provide the coverage necessary for existing and expanding service. The existing facility will continue to provide a benefit to Santa Ana residents, businesses and motorists who subscribe to SBA Communication's services by expanding cellular and data coverage 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. 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, 31 B-4