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RESOLUTIONN0.2000- 07 <br />GAS: 2/16/00 <br />A RESOLUTION OF THE PLANNING COMMISSION <br />OF THE CITY OF SANTA ANA DENYING <br />CONDITIONAL USE PERMIT NO. 99-29, WHICH <br />SOUGHT TO REPLACE AN EXISTING SCREENED 35 <br />FOOT CELLULAR MONOPOLE WITH AN <br />UN5CREENED 60 FOOT CELLULAR MONOPOLE <br />LOCATED AT 1234 SOUTH MAIN STREET <br />WHEREAS, Santa Ana Municipal Code Section 41-198.3(b) requires a conditional use <br />permit for major wireless facilities in the City; and <br />WHEREAS, this Commission held a public hearing on March 13, 2000, on Conditional <br />Use Permit No. 99-29, to replace an existing screened 35 foot cellular monopole with an <br />unscreened 60 foot cellular monopole located at 1234 South Main Street. <br />NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE <br />CITY OF SANTA ANA AS FOLLOWS: <br />1. Based upon the evidence submitted at the abovesaid hearing this Commission finds and <br />determines as follows: <br />• A. Will the proposed use provide a service or facility which will contribute to the general <br />well being of the neighborhood or the community. <br />The cellular facility will provide a service which will contribute to the well being <br />of the community, however, issuance of a CUP to increase the height of the <br />antenna to 60 feet, without providing a contextual setting to minimize the <br />monopole's aesthetic impacts, will seriously detract from the well being of the <br />neighborhood. Generally, two live palm trees are installed for a contextual setting <br />so the neighborhood and community is not impacted by the unmitigated visual <br />blight created by the antenna. The applicant, Nextel, is not proposing to perform <br />any required site improvements which staff has determined will mitigate impacts <br />to the surrounding properties. Therefore, the project as proposed, will not <br />contribute to the general well being of the neighborhood. <br />B. Will the proposed use, under the circumstances of the particular case, be detrimental to <br />the health, safety or general welfare of persons residing or working in the vicinity. <br />The Federal Communication Commission regulates the wireless <br />telecommunication industry through the Telecommunications Act of 1996. Local <br />jurisdictions are not permitted to address electrical magnetic emissions in <br />• <br />1 <br />