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lss2/25/11 ORDINANCE NO. NS-2816 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING GUIDELINES FOR TELECOMMUNICATIONS FACILITIES IN THE PUBLIC RIGHT OF WAY THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The guidelines set forth in this ordinance are necessary to preserve public health, safety, welfare, and aesthetic interests in the public right of way. None of these guidelines are, however, adopted solely for aesthetic interests. B. Given the increasing use of telecommunications facilities in society today, the City expects to receive applications for permits for such facilities in increasing number, some of which facilities are significantly larger than most similarly situated existing installations; and C. The City does not intend that this ordinance prohibits or has the effect of prohibiting telecommunications service; rather, the City seeks to limit development of telecommunications facilities in and around residential neighborhoods to the fullest extent allowed by law; and D. The City recognizes its responsibilities under the Federal Telecommunications Act of 1996 and State law, and believes that it is exercising its regulatory authority to the fullest extent under the current state of the law in ensuring that irreversible development activity does not occur that would harm the public health, safety or welfare. Section 2. The City Council has reviewed and considered the information contained in the initial study and the negative declaration prepared with respect to this Ordinance. The City Council has, as a result of its consideration and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, a Negative Declaration adequately addresses the expected environmental impacts of this Ordinance. On the basis of this review, the City Council finds that there is no evidence from which it can be fairly argued that the project will have a significant adverse effect on the environment. The City Council hereby certifies and approves the negative declaration and Ordinance NS-2816 Page 1 of 16