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Federal law exempts local jurisdictions from regulating health <br />related issues as these issues are covered under Federal <br />laws. However, the proposed facility will be in compliance <br />with both the Federal Communications Commission (FCC) <br />and Federal Aviation Administration (FAA) safety regulations. <br />3. Will the proposed use adversely affect the present economic stability <br />or future economic development of properties surrounding the area? <br />The proposed monopine, in conjunction with the new live pine <br />trees and required site improvements, will be compatible with <br />the surrounding area and will not adversely affect the <br />economic viability in the area. The stealth appearance and <br />site upgrades will be the major solution to maintaining and <br />increasing the economic stability for this commercial corridor. <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 monopine facility will not adversely affect the <br />General Plan as cellular facilities that are designed to be <br />compatible with the surrounding environment are consistent <br />with the goals and objectives of the Industrial (IND) General <br />Plan land use designation. Policy 2.2 of the Land Use <br />Element encourages land uses that accommodate the City's <br />needs for services. <br />E. This project was reviewed in accordance with the Guidelines for the <br />California Environmental Quality Act. The recommendation is exempt <br />from further review pursuant to Section 15303. This Class 3 exemption <br />allows in-fill developments for the construction and location of limited <br />numbers of new, small facilities or structures. Categorical Exemption <br />Environmental Review No. 2009-85 will be filed for this project. <br />Section 2. The Planning Commission, after conducting the public hearing, <br />hereby approves Conditional Use Permit No. 2011-06 as conditioned in Exhibit "A" <br />attached hereto and incorporated herein. This decision is based upon the evidence <br />submitted at the above said hearing, which includes but is not limited to: the Request for <br />Planning Commission Action dated May 9, 2011, and exhibits attached thereto; and the <br />public testimony, all of which are incorporated herein by this reference. <br />Resolution No. 2011-07 <br />Page 2 of 7 <br />31 A-19