2004-081 - Approving Appeal No. 2004-08

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8 Element of the General Plan states that new development must balance the economic and fiscal benefits of commercial development with its impacts on the quality of life in the City. The reduction in the number of required parking will not negatively affect the surrounding commercial or residential properties. 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 prepared with respect to this Project. The City Council has, as a result of its consideration and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, a mitigation negative declaration and mitigation monitoring program 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. 8 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 § 735.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 3. The City Council after conducting the public hearing hereby approves Appeal No. 2004-08, approves Conditional Use Permit No. 2003-17 as conditioned in Exhibit "A" attached hereto and incorporated herein and approves Variance No. 2003- 05 as conditioned in Exhibit "B" attached hereto and incorporated herein. This decision is based upon the evidence submitted at the abovesaid hearing, which includes but not is not limited to: the Request for Council Action dated October 4, 2004 and exhibits attached thereto; and the public testimony written and oral, all of which are incorporated herein by this reference. Section 4. This decision rendered by the City Council of the City of Santa Ana is final and is subject to judicial review pursuant to California Code of Civil Procedure section 1094.6. The Clerk of the Council shall give direct notice to the applicant of the Council's decision and these findings. 8 Resolution No. 2004-081 Page 5 of 10