2005-090 - Approving Tentative Parcel Map No. 2005-09

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6. The design or improvements of the proposed project will not conflict with easements necessary for public access through or use of the property within the proposed project. The design or improvements of the proposed project will not conflict with easements necessary for public access through or use of the property within the proposed project since there is no easement within this property. 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, Environmental Review No. 2005-138, 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. 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 Tentative Parcel Map No. 2005-09 (County Map No. 2002-144) as conditioned in Exhibit "A" attached hereto and incorporated herein. This decision is based upon the evidence submitted at the abovesaid hearing, which includes but is not limited to: the Request for Council Action dated September 19, 2005 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference Section 4. The approval of Tentative Parcel Map No. 2005-09 is expressly conditioned upon adoption by the City Council of Amendment Application No. 2005-03 to rezoning the property located at 606 South Euclid Street from Community Commercial (C 1) to Single-Family Residence (R 1). The rights of the applicant under this Tentative Parcel Map shall not vest until the effective date of such ordinance. Should no such amendment become effective, then this Tentative Parcel Map is null and void and of no effect. Resolution No. 2005-090 Page 3 of7