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Section 2. The Planning Commission has independently reviewed and
<br />analyzed the information contained in the Initial Study and the Mitigated Negative
<br />Declaration, Environmental Review No. 2015-14, prepared with respect to this project.
<br />Pursuant to CEQA Guidelines Section 15074(a), the Planning Commission considered
<br />the analysis and conclusion of the MND as well as the mitigations outlined in the
<br />Mitigation Monitoring and Reporting Program. The Planning Commission recommends,
<br />as a result of its consideration and the evidence presented at the hearings on this
<br />matter, that the City Council determined that, as required pursuant to the California
<br />Environmental Quality Act (CEQA) and the State CEQA Guidelines, the MND
<br />adequately addresses the expected environmental impacts of this project. On the basis
<br />of this review, the Planning Commission recommends that the City Council find that
<br />there Is no substantial evidence from which it can be fairly argued that the project will
<br />have a significant adverse effect on the environment and the MND reflects the
<br />independent judgment and analysis of the City Council.
<br />Section 3. This Planning Commission of the City of Santa Ana after conducting
<br />the public hearing hereby recommends that the City Council adopts a resolution
<br />adopting and approving the MND and adopts the Mitigation Monitoring and Reporting
<br />Program (Attachment A), and direct that the Notice of Determination be prepared and
<br />filed with the County Clerk of the County of Orange in the manner required by law;
<br />recommends that the City Council approve General Plan Amendment No. 2017-03
<br />(Attachment B); recommends that the City Council approve Tentative Tract Map No.
<br />2017-04, as conditioned (Attachment C); and recommends that the City Council
<br />approve Variance No. 2017-10, as conditioned (Attachment D). This decision is based
<br />upon the evidence submitted at the above said hearing, which includes, but is not
<br />limited to: the Request for Planning Commission Action dated May 13, 2019, and
<br />exhibits attached hereto; and the public testimony, written and oral, all of which are
<br />incorporated herein by this reference.
<br />Section 4. Pursuant to Title XIV, California Code of Regulations (CCR) §
<br />735.5(c)(1), the Planning Commission has determined that, after considering the record
<br />as a whole, there is no evidence that the proposed project will have the potential for any
<br />significant adverse effect on wildlife resources or the ecological habitat upon which
<br />wildlife resources depend. The proposed project exists in an urban environment
<br />characterized by paved concrete, roadways, surrounding buildings and human activity.
<br />However, pursuant to Fish and Game Code § 711.2 and Title XIV, CCR § 735.5, the
<br />payment of Fish and Game Department filing fees in conjunction with this project is at
<br />the discretion of the State of California Department of Fish and Wildlife.
<br />Section 5. The Applicant shall indemnify, protect, defend and hold the City
<br />and/or any of its officials, officers, employees, agents, departments, agencies,
<br />authorized volunteers, and instrumentalities thereof, harmless from any and all claims,
<br />demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether
<br />legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative
<br />dispute resolution procedures (including, but not limited to arbitrations, mediations, and
<br />Resolution No, 2019-xx
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<br />75H-18
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