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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 />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 monopine, in conjunction with the existing <br />grove of canopy trees and two additional 24-inch box Canary <br />Island Pine trees to be planted, 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 Canary Island Pine <br />Tree. The stealth appearance will be the major solution to <br />maintaining and increasing the economic stability for this <br />open space area. <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 comply with the <br />regulations and conditions identified in Chapter 41 of the <br />Santa Ana Municipal Code 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 that are 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 />D. In accordance with the California Environmental Quality Act, the action is <br />exempt from further review. Categorical Exemption Environmental <br />Review No. 2004-76 will be filed for this project. <br />Section 2. The Planning Commission after conducting the public hearing hereby <br />approves Conditional Use Permit No. 2004-29 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 December 13, 2004 and exhibits attached thereto; and the <br />• public testimony, all of which are incorporated herein by this reference. <br />Resolution No. 2004-49 <br />Page 2 of 3 <br />