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Resolution No. 2020-39
<br />Page 3 of 7
<br />enclosure and will comply with other standards outlined in
<br />the SAMC.
<br />5.That the proposed use will not adversely affect the General Plan or
<br />any specific plan of the City.
<br />The proposed 80-foot high wireless communications facility
<br />will not adversely affect the General Plan because it is
<br />designed to be compatible with the surrounding environment
<br />consistent with the following goal and policy of the General
<br />Plan: Land Use Element Goal 1 (promote a balance of land
<br />uses to address community needs) and Policy 2.2 (support
<br />community land uses to accommodate the City’s needs for
<br />goods and services). Cellular and data services will be
<br />enhanced and improved for surrounding businesses and
<br />residents. The facility is proposed in the least obtrusive
<br />location to fill a gap in services coverage.
<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. 2018-117 will be filed for this project.
<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 (collec tively “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 o r 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 brou ght under the Ralph M. Brown
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