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to be compatible with the surrounding environment are <br />consistent with the goals and objectives of the Land Use <br />Element. Goal 1 promotes a balance of land uses to <br />address community needs, which includes means of <br />communication that will be served by the mono-pine. In <br />addition, Goals 3 and 5 require preservation of neighborhood <br />character and integrity as well as mitigation of developments’ <br />impacts. The mono-pine tree’s location minimizes visual <br />impact on the area and assists with the stealthing of the <br />equipment. Further, Policy 2.2 encourages land uses that <br />accommodate the City’s needs for services. Maintaining a <br />cell phone provider’s coverage in the area adds to the <br />services that are readily available for business owners, <br />workers, and residents in the immediate vicinity. <br /> <br />Section 2. In accordance with the California Environmental Quality Act (CEQA) <br />the recommended action is exempt from CEQA per Section 15061(b)(3). This exemption <br />applies to projects where it can be seen with certainty that there is no possibility that the <br />activity in question may have a significant effect on the environment. The project <br />proposes to renew an existing major wireless facility through the issuance of a new CUP. <br />No expansion of square footage or physical land disturbances are proposed as part of the <br />project. Categorical Exemption Environmental Review No. 2018-48 will be filed for this <br />project. <br /> <br />Section 3. The Applicant agrees to indemnify, hold harmless, and defend the <br />City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, <br />claims, actions or proceedings that may be brought arising out of its approval of this <br />project, and any approvals associated with the project, including, without limitation, any <br />environmental review or approval, except to the extent caused by the sole negligence of <br />the City of Santa Ana. <br />Section 4. The Planning Commission of the City of Santa Ana after conducting <br />the public hearing hereby approves Conditional Use Permit No. 2018-10, as conditioned <br />in Exhibit A, attached hereto and incorporated herein. This decision is based upon the <br />evidence submitted at the abovesaid hearing, which includes, but is not limited to: the <br />Request for Planning Commission Action dated May 14, 2018, and exhibits attached <br />thereto; and the public testimony, all of which are incorporated herein by this reference. <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />6-7