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The City Council also adopts as findings all facts presented in the Request for Council Action dated February 18, 2003 accompanying this matter. For these reasons, and each of them, Amendment Application No. 2003-01 is hereby found and determined to be consistent with the General Plan of the City of Santa Ana and otherwise justified by the public necessity, convenience, and general welfare. Section 2. The City Council has reviewed and considered the information contained in the initial study and the mitigated negative declaration and mitigation monitoring program for Environmental Review No. 2003-11 prepared with respect to this Project. It is determined that, as required pursuant to the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, a negative declaration adequately addresses the expected environmental impacts of this Project. On the basis of this review, the City Council finds that there is no evidence from which it can be fairly argued that the project will have a significant adverse effect on the environment. The City Council hereby certifies and approves the mitigated negative declaration and mitigation monitoring program and directs that the Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law. 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. Therefore, pursuant to Fish and Game Code § 711.2 and Title XIV, CCR § 753.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 3. The real property located at 900-920 and 901-927 East Santa Ana Boulevard and 920 North Santiago Street is hereby reclassified from Heavy Industrial (M2) zoning district to Specific Development No. 71 (SD-71). Amended Sectional District Map number 7-5-9, showing the above described change in use district designation, shall be prepared and replace the current Map. Section 4. Specific Development No. 71 ("Santa Ana Transit Village") as attached to this Ordinance, is approved adopted in its entirety. Section 5. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Ordinance No. NS-2524 Page 2 of 7