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b) Safety (1) As previously discussed, both the FAA and the Krause Analysis have determined this building to not be a hazard to air navigation. ALUC has not identified any safety concerns that will arise as a result of this project. Section 3. The City Council has reviewed and considered the information contained in the initial study and the mitigated negative declaration and mitig"tion monitoring program, Environmental Review No. 2004-215, prep..red 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 CECA 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 itC<iln 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. (2) 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 4. The City Council of the City of Santa Ana after conducting the public hearing hereby approves: A. Conditional Use Permit No. 2004-24 as conditioned in Exhibit "C" attached hereto and incorporated herein. Tentative Tract Map No. 2004-05 as conditioned in Exhibit "D" attached hereto and incorporated herein. Variance No. 2004-11 as conditioned in Exhibit "E" attached hereto and incorporated herein. Site Plan Review No. 2004-06 as conditioned in Exhibit "F" attached hereto and incorporated herein. The City Council of the City Qf Sal1ta Ana also finds that the project is consistent with the purposes of the State Aeronautics Act, Public Utilities Cod.e Section 21670 et. seq. B. C. D. Resolution 2005-040 Page 19 0161