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<br />Section 2. The City Council has reviewed and considered the information <br />contained in the initial study and the mitigated negative declaration and mitigation <br />monitoring program for Environmental Review No. 2003-262 prepared with respect to this <br />Project. It is determined that, as required pursuant to the California Environmental Quality <br />Act ("CEQA") and the State CEQA Guidelines, a mitigated negative declaration and <br />mitigation monitoring program adequately addresses the expected environmental impacts <br />of this Project. On the basis of this review, the City Council finds that there is no evidence <br />from which it can be fairly argued that the project will have a significant adverse effect on <br />the environment. The City Council hereby certifies and approves the mitigated negative <br />declaration and mitigation monitoring program and directs that the Notice of Determination <br />be prepared and filed with the County Clerk of the County of Orange in the manner <br />required by law. <br /> <br />Pursuant to Title XIV, California Code of Regulations ("CCR") S 735.5(c)(1), the <br />City Council has determined that, after considering the record as a whole, there is no <br />evidence that the proposed project will have the potential for any adverse effect on <br />wildlife resources or the ecological habitat upon which wildlife resources depend. The <br />proposed project exists in an urban environment characterized by paved concrete, <br />roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and <br />Game Code S 711.2 and Title XIV, CCR S 735.5(a)(3), the payment of Fish and Game <br />Department filing fees is not required in conjunction with this project. <br /> <br />Section 3. The real property located at 2701 North Grand Avenue is hereby <br />reclassified from Single-Family Residence (R1) to Arterial Commercial (C5). (AA No. <br />2005-05) Amended Sectional District Map number 32-4-9 showing the above described <br />change in use district designation, is hereby approved and attached hereto as Exhibit "A" <br />and incorporated by this reference as though fully set forth herein. <br /> <br />Section 4. If any section, subsection, sentence, clause, phrase or portion of this <br />ordinance is for any reason held to be invalid or unconstitutional by the decision of any <br />court of competent jurisdiction, such decision shall not affect the validity of the remaining <br />portions of this ordinance. The City Council of the City of Santa Ana hereby declares that <br />it would have adopted this ordinance and each section, subsection, sentence, clause, <br />phrase or portion thereof irrespective of the fact that anyone or more sections, <br />subsections, sentences, clauses, phrases, or portions be declared invalid or <br />unconstitutional. <br /> <br />ADOPTED this _ day of November, 2005. <br /> <br />Miguel A. Pulido <br />Mayor <br /> <br />11 A-2 <br />