WHEREAS, CUP has been amended two times since it was adopted on November 19, 1999; and

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1 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SIGNAL HILL, CALIFORNIA, APPROVING NEGATIVE DECLARATION 7/30/10(1) RELATIVE TO THE THIRD AMENDMENT TO CONDITIONAL USE PERMIT FOR THE WIRELESS TELECOMMUNICATIONS FACILITY AT 2411 SKYLINE DRIVE ANTENNA CONSOLIDATION AREA, IN THE SP-2, HILLTOP AREA SPECIFIC PLAN WHEREAS, Clearwire on behalf of Spanish Broadcasting Systems, applied to amend Conditional Use Permit to modify the conditions of approval which change the type and reduce the number of allowable antenna on the tower for the Spanish Broadcasting Systems Wireless Telecommunications Facility at 2411 Skyline Drive in the Hilltop Specific Plan, Antenna Consolidation Site; and WHEREAS, the subject site is legally described as Signal Hill ½ vacated alley adjacent on east and Lot 9 of Block G, Signal Hill Tract of Maps, in the office of the County Recorder, County of Los Angeles, California; and WHEREAS, the subject property is located within the Hilltop Area Specific Plan and an Environmental Impact Report (SCH No ) was previously prepared and certified for the plan; and WHEREAS, the approved Hilltop Area Specific Plan identifies the subject site for the development of an Antenna and Microwave Consolidation site and subject to a Conditional Use Permit; and WHEREAS, pursuant to CEQA Guidelines Section 15153, the potential environmental impact associated with the original Conditional Use Permit for the development of the Antenna and Microwave Consolidation site was discussed in Mitigated Negative Declaration 9/27/99 (1) and adopted by the City Council following a public hearing on November 19, 1999; and 1

2 WHEREAS, CUP has been amended two times since it was adopted on November 19, 1999; and Study dated October 19, 2001 relative to the first amendment of CUP was prepared which found that although the proposed project may have had a significant effect on the environment, that there was no significant effect in that case because mitigation measures were added to the project; and WHEREAS, the potential environmental impact associated with the first amendment to Conditional Use Permit for the development of the Antenna and Microwave Consolidation site was discussed in Mitigated Negative Declaration 10/19/01(1) and adopted by the City Council following a public hearing on December 4, 2001; and Study dated May 22, 2008 relative to the second amendment of CUP was prepared which found no significant effect on the environment ; and WHEREAS, the potential environmental impact associated with the second amendment to Conditional Use Permit for the development of the Antenna and Microwave Consolidation site was discussed in Negative Declaration 05/22/08(1) and adopted by the City Council following a public hearing on September 23, 2008; and Study dated July 30, 2010 relative to the third amendment of CUP was prepared which found no significant effect on the environment; and WHEREAS, the potential environmental impact associated with the third amendment to Conditional Use Permit for the development of the Antenna and 2

3 Microwave Consolidation site was discussed in Negative Declaration 7/30/10(1) and found that there will not be a significant effect on the environment; and WHEREAS, a Planning Commission/City Council public hearing notice and Notice of Intent to Adopt Negative Declaration 7/30/10(1) was mailed to all property owners within five hundred (500) feet of the subject property, was published in the Signal Tribune newspaper and posted in accordance with S.H.M.C on July 30, 2010; and WHEREAS, the documents related to the proposed facility were made available for public review and comments; and WHEREAS, on August 10, 2010, after proper notice and public hearing, the Planning Commission recommended City Council approval of Negative Declaration 7/30/10(1); and WHEREAS, on September 7, 2010, the City Council held a public hearing and all persons were given an opportunity to comment on the documents; and WHEREAS, the City has incorporated all comments received and responses thereto into Negative Declaration 7/30/10(1). NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Signal Hill, California, has considered the public comments and finds the following: 1) No significant adverse, environmental impacts with the potential to jeopardize the continued existence of any endangered or threatened species or result in the destruction or adverse modification of habitat essential to the continued existence of the species will result from the approval of proposed third amendment to Conditional Use Permit in that: a) No sensitive species are found or known to utilize land within the Hilltop Specific Plan Area. 3

4 b) Very few native plants occur on or about the properties in the Hilltop Area. c) Animals that occupy habitat on or surrounding the Hilltop Area are relatively common species that are expected to occur in developed and disturbed areas; d) There are no meaningful blocks of habitat on or around the site. e) An interstate freeway, the San Diego Freeway, and major roadways including but not limited to Spring Street, Willow Street, and Cherry Avenue divide vacant properties and open space found in the City into small, discontinuous parcels; and f) Approval of the proposed project will not alter or eliminate any intermittent or perennial watercourses in that no waterways are located across or around property in question. 2) The proposed project is consistent with the Signal Hill General Plan, the Zoning Ordinance and the Redevelopment Plan, in that the subject site is designated as the Antenna Consolidation Site in the Hilltop Area Specific Plan. BE IT FURTHER RESOLVED, that the City Council of the City of Signal Hill, California hereby approves Negative Declaration 7/30/10(1), on file in the Community Development Department. 4

5 PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Signal Hill, California, held this 7 th day of September, ATTEST: EDWARD H. J. WILSON MAYOR KATHLEEN L. PACHECO CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES )ss. CITY OF SIGNAL HILL ) I, KATHLEEN L. PACHECO, City Clerk of the City of Signal Hill, California, hereby certify that Resolution No. was adopted at a regular meeting of the City Council of the City of Signal Hill, California, held on the 7 th day of September 2010 by the following vote: AYES: NOES: ABSENT: ABSTAIN: KATHLEEN L. PACHECO CITY CLERK 5