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lss2/25/ 11 <br />ORDINANCE NO. NS-XXX <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY <br />OF SANTA ANA ADOPTING GUIDELINES FOR <br />TELECOMMUNICATIONS FACILITIES IN THE PUBLIC <br />RIGHT OF WAY <br />THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS <br />FOLLOWS: <br />Section 1. The City Council of the City of Santa Ana hereby finds, determines <br />and declares as follows: <br />A. The guidelines set forth in this ordinance are necessary to preserve public <br />health, safety, welfare, and aesthetic interests in the public right of way. <br />None of these guidelines are, however, adopted solely for aesthetic interests. <br />B. Given the increasing use of telecommunications facilities in society today, the <br />City expects to receive applications for permits for such facilities in increasing <br />number, some of which facilities are significantly larger than most similarly <br />situated existing installations; and <br />C. The City does not intend that this ordinance prohibits or has the effect of <br />prohibiting telecommunications service; rather, the City seeks to limit <br />development of telecommunications facilities in and around residential <br />neighborhoods to the fullest extent allowed by law; and <br />D. The City recognizes its responsibilities under the Federal <br />Telecommunications Act of 1996 and State law, and believes that it is <br />exercising its regulatory authority to the fullest extent under the current state <br />of the law in ensuring that irreversible development activity does not occur <br />that would harm the public health, safety or welfare. <br />Section 2. The City Council has reviewed and considered the information contained <br />in the initial study and the negative declaration prepared with respect to this Ordinance. <br />The City Council has, as a result of its consideration and the evidence presented at the <br />hearings on this matter, determined that, as required pursuant to the California <br />Environmental Quality Act ("CEQA") and the State CEQA Guidelines, a Negative <br />Declaration adequately addresses the expected environmental impacts of this Ordinance. <br />On the basis of this review, the City Council finds that there is no evidence from which it <br />can be fairly argued that the project will have a significant adverse effect on the <br />environment. The City Council hereby certifies and approves the negative declaration and <br />11 A-1