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Resolution No. 2020-xx
<br />Page 3 of 7
<br />The proposed mono-pine will not adversely affect the
<br />General Plan as cellular facilities that are designed to be
<br />compatible with the surrounding environment are consistent
<br />with the goals and objectives of the Land Use Element. Goal
<br />1 promotes a balance of land uses to address community
<br />needs, which includes means of communication that will be
<br />served by the proposed mono-pine. In addition, Goals 3 and
<br />5 require preservation of neighborhood character and
<br />integrity as well as the mitigation of impacts from
<br />developments. The proposed mono-pine is designed to
<br />minimize visual impact on the area by implementing stealth
<br />design. Further, Policy 2.2 encourages land uses that
<br />accommodate the City’s needs for services. Enhancing a cell
<br />phone provider’s coverage in the area enhances services
<br />that are readily available for business owners, workers and
<br />residents in the immediate vicinity.
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<br />Section 2. In accordance with the California Environmental Quality Act (CEQA)
<br />and the CEQA Guidelines, the project is categorically exempt from further review per
<br />Section 15303 (Class 3 – New Construction or Conversion of Small Structures). The
<br />Class 3 exemption consists of construction and location of limited numbers of new, small
<br />facilities or structures. In urbanized areas, this exemption applies to apartments, duplexes
<br />and similar structures designed for not more than six dwelling units. In addition, this
<br />exemption also applies to up to four such commercial buildings not exceeding 10,000
<br />square feet in floor area on sites zoned for such use if not involving the use of significant
<br />amounts of hazardous substances where all necessary public services and facilities are
<br />available and the surrounding area is not environmentally sensitive. The project consists
<br />of the construction of a major wireless communications facility and site improvements, all
<br />necessary public services and facilities are available, and it is not being built in an
<br />environmentally sensitive area. Based on this analysis, a Notice of Exemption for
<br />Environmental Review No. 2019-88 will be filed for this project.
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<br />Section 3. The Applicant shall indemnify, protect, defend and hold the City
<br />and/or any of its officials, officers, employees, agents, departments, agencies,
<br />authorized volunteers, and instrumentalities thereof, harmless from any and all claims,
<br />demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether
<br />legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative
<br />dispute resolution procedures (including, but not limited to arbitrations, mediations, and
<br />such other procedures), judgments, orders, and decisions (collectively “Actions”),
<br />brought against the City and/or any of its officials, officers, employees, agents,
<br />departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to
<br />modify, set aside, void, or annul, any action of, or any permit or approval issued by the
<br />City and/or any of its officials, officers, employees, agents, departments, agencies, and
<br />instrumentalities thereof (including actions approved by the voters of the City) for or
<br />concerning the project, whether such Actions are brought under the Ralph M. Brown
<br />Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision
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