2018-075 - Final Subsequent Environmental IMpact Report No. 2018-15

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adoption of the project, and (3) the SEIR reflects the independent judgment and analysis of the City Council and is deemed adequate for the purposes of making decisions on the merits of the Project. Section 3. CEQA Findings. The City hereby adopts the CEQA Findings of Fact, which were prepared in accordance with Public Resources Code section 15091 and which are attached hereto as Exhibit A and incorporated herein by this reference as if fully set forth herein. Section 4. Statement of Overriding Considerations. The City hereby adopts the Statement of Overriding Considerations made in connection with the approval of the Project pursuant to CEQA Guidelines Section 15091, which is attached hereto as Exhibit A and incorporated herein by this reference as if fully set forth herein. Section 5. Mitigation Monitoring and Reporting Program. Pursuant to Public Resources Code section 21081.6, the City Council hereby adopts the Mitigation Monitoring and Reporting Program attached hereto as Exhibit B and incorporated herein by this reference. The City finds that the Mitigation Monitoring and Reporting Program is designed to ensure that, during the implementation of the Project, the City and any other responsible parties implement the components of the Project and comply with the mitigation measures identified in the Mitigation Monitoring and Reporting Program. Section 6. Wildlife Resources. Pursuant to Title XIV, California Code of Regulations (CCR) § 735.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed Project will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed Project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. However, pursuant to Fish and Game Code § 711.2 and Title XIV, CCR § 735.5, the payment of Fish and Game Department filing fees in conjunction with this project is at the discretion of the State of California Department of Fish and Wildlife. Section 7. Approvals. Based on the entire record before the City Council, all written and oral evidence presented, the CEQA Findings of Fact, the Statement of Overriding Considerations, and the Mitigation Monitoring and Reporting Program, all attached and incorporated herein as Exhibit A and Exhibit B to this Resolution, the City Council of the City of Santa Ana hereby: A. Adopts the CEQA Findings of Fact, adopts the Statement of Overriding Considerations, and certifies Final Subsequent Environmental Impact Report No. 2018-15, and approves the Mitigation Monitoring and Reporting Program for the MEMU Overlay Zone Expansion and Elan projects; B. Approves General Plan Amendment No. 2018-03; and, These decisions are based upon the evidence submitted at the above said hearing, which includes, but is not limited to: The Request for Council Action dated August 21, 2018, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. Resolution No. 2018-075 Page 7 of 12