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<br />Federal law exempts local jurisdictions from regulating <br />health related issues as these issues are covered under <br />Federal laws. However, the proposed facility will be in <br />compliance with both the Federal Communications <br />Commission (FCC) and Federal Aviation Administration <br />(FAA) safety regulations. <br /> <br />3. Will the proposed use adversely affect the present economic <br />stability or future economic development of properties surrounding <br />the area? <br /> <br />The existing monopalm, in conjunction with the grove of <br />trees, will be compatible with the surrounding area and will <br />not adversely affect the economic viability in the area as the <br />monopalm has a design that will give it the look of a palm <br />tree, with landscaping a major tool used in maintaining and <br />increasing the economic stability of project sites. <br /> <br />4. Will the proposed use comply with the regulations and conditions <br />specified in Chapter 41 for such use? <br /> <br />The cellular facility has been designed to comply with the <br />regulations and conditions identified in Chapter 41 of the <br />Santa Ana Municipal Code for a major wireless facility. <br />Colocation of carriers is strongly encouraged when possible. <br /> <br />5. Will the proposed use adversely affect the General Plan or any <br />specific plan of the City? <br /> <br />The monopole, as designed, will not adversely affect the <br />General Plan, as cellular facilities, designed to be compatible <br />with the surrounding environment, are consistent with the <br />goals and objectives of the Institutional (INS) General Plan <br />designation. <br /> <br />E. This project was reviewed in accordance with the California Environmental <br />Quality Act. The recommendation is exempt from further review pursuant <br />to Section 15303. This Class 3 exemption allows for the construction and <br />location of limited numbers of new, small facilities and structures. <br />Categorical Exemption Environmental Review No. 2004-161 will be filed <br />for this project. <br /> <br />Section 2. The City Council after conducting the public hearing hereby approves <br />Conditional Use Permit No. 2004-23 as conditioned in Exhibit "A" attached hereto and <br />incorporated herein. This decision is based upon the evidence submitted at the <br />abovesaid hearing, which includes but not is not limited to: the Request for Council <br />Action dated May 16, 2005 and exhibits attached thereto; and the public testimony, all <br />of which are incorporated herein by this reference. <br /> <br />2 <br />