31A - CUP - 1441 S VILLAGE WAY - Laserfiche WebLink

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Conditional Use Permit No. 2016-37 January 9, 2017 Page 3 In January of 2000, the Planning Commission approved Conditional Use, Permit No. 1999-26 to allow the construction of the subject mono-palm 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, Federal actions have changed and now require that cities approve wireless facilities for a period of not less than 10 years. Since the ourrent 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. Protect Analysis In July of 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 this ATC Sequoia LLC, 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-paim that exhibits consistency in tree size, character and color to that of the surrounding vegetation and it is located within a gated [eased area. In addition, the wireless facility is surrounded by mature palm trees and Is at the furthermost edge of the property (southeast comer) and only visible off the Costa Mesa Freeway (SR-56), The stealth fronds of the facility remain in place; however, sorne fronds and antenna panels have faded since the facilities construction 16 years ago. As part of this application, the applicant will replace all fronds that have deteriorated and will paint all antennas (a darker green) to match the color of the fronds of the surrounding palm trees, In addition, the applicant will replant vines on the existing wrought iron fence and groundcover as required per CUP No. 1990-26, Pursuant to provisions contained within Section 6409(a) of the Middle Class Tax Relief Act [47 U.S.C. § 1456(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 and replanting of vines and groundcover will enhance the appearance of the mono-palm 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 ATC Sequoia LLC.'s services by continuing 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). 31A-5