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• Federal law exempts local jurisdictions from regulating <br />health related issues as these issues are covered under <br />Federal laws. The proposed facility will be in compliance <br />with both the Federal Communications Commission (FCC) <br />and Federal Aviation Administration (FAA) safety <br />regulations. <br />3. Will the proposed use adversely affect the present economic <br />stability or future economic development of properties surrounding <br />the area? <br />The proposed monopole will be compatible with the <br />surrounding area and will not adversely affect the economic <br />viability in the area as the monopole has a stealth design <br />that will maintain the appearance of a light standard. In <br />addition, due to its location at the rear of an industrial <br />building and proposed reduction in overall height, it is not <br />expected to create any adverse economic impacts for the <br />surrounding properties. <br />4. Will the proposed use comply with the regulations and conditions <br />specified in Chapter 41 for such use? <br />• The cellular facility has been designed to be in compliance <br />with the regulations and conditions identified in Chapter 41 <br />for a major wireless facility. <br />5. Will the proposed use adversely affect the General Plan or any <br />specific plan of the City? <br />The proposed monopole will not adversely affect the General <br />Plan as cellular facilities, designed to be compatible with the <br />surrounding environment, are consistent with the goals and <br />objectives of the Industrial (IND) General Plan designation. <br />2. In accordance with the California Environmental Quality Act (Title 14 of the <br />California Code of Regulations, Section 15301), the recommendation is exempt <br />from further review. This Class 31 exemption allows for minor alterations to <br />existing facilities. Categorical Exemption Environmental Review No. 03-96 will <br />be filed for this project. <br />Section 2. The Planning Commission after conducting the public hearing hereby <br />approves Conditional Use Permit No. 2004-33 as conditioned in Exhibit "A" attached <br />hereto and incorporated herein. This decision is based upon the evidence submitted at <br />the abovesaid hearing, which includes but not is not limited to: the Request for Planning <br />Commission Action dated January 10, 2005 and exhibits attached thereto; and the <br />• public testimony, all of which are incorporated herein by this reference. <br />Resolution No. 2005-03 <br />Page 2 of 3 <br />