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RESOLUTION NO.O1- 23 • A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO.01-15 TO ALLOW A 60 FOOT HIGH MONOPOLE LOCATED AT 3800 SOUTH FAIRVIEW ROAD WHEREAS, Conditional Use Permit No. 01-15 came before the Planning Commission for a public hearing to allow a 60 foot high monopole telecommunication facility located at 3800 South Fairview Road, Santa Ana; WHEREAS, Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a conditional use permit upon making certain findings; and WHEREAS, Mitigated Negative Declaration and Mitigation Monitoring Program for Environmental Review No. 00-205 has been prepared for the Project. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: 1. Based upon the evidence submitted at the above-said hearing, the Planning Commission finds and determines as follows: • A. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? The proposed 60-foot tall cellular monopole will provide a service to the community by assisting Sprint PCS in reducing the gaps in digital cellular service that is provided to its users especially for users traveling on Fairview Street, a major arterial and in the surrounding industrial area. B. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? Federal law exempts local jurisdictions from regulating health related issues as these issues are covered under Federal laws. However, the proposed facility will be in compliance with both the Federal Communications Commission (FCC) and Federal Aviation Administration (FAA) safety regulations. C. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed monopole, in conjunction with the two new palm trees to be planted, will be compatible with the surrounding area and will not adversely affect the • economic viability in the area as the monopole has a stealth design that will maintain the appearance of a palm tree, with landscaping a major tool used in maintaining and increasing economic stability of project sites.