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<br />no evidence from which it can be fairly argued that the Project will have a significant <br />adverse effect on the environment which have not been mitigated. The City Council <br />hereby certifies and approves the mitigated negative declaration and mitigation <br />monitoring program and directs that the Notice of Determination be prepared and filed <br />with the County Clerk of the County of Orange in the manner required by law. <br /> <br />Pursuant to Title XIV, California Code of Regulations ("CCR") ~ 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 ~ 711.2 and Title XIV, CCR ~ 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. Attached hereto as Exhibit A and incorporated by this reference as <br />though fully set forth herein is the change to North Harbor Specific Plan (SP2) which <br />changes the zoning of 520 South Harbor Boulevard from its current zoning of single <br />family residential and general commercial to general commercial. <br /> <br />Section 4. If any section, subsection, sentence, clause, phrase or portion of <br />this ordinance is for any reason held to be invalid or unconstitutional by the decision of <br />any court of competent jurisdiction, such decision shall not affect the validity of the <br />remaining portions (If this ordinance. The City Council of the City of Santa Ana hereby <br />declares that it would have adopted this ordinance and each section, subsection, <br />sentence, clause, phrase or portion thereof irrespective of the fact that anyone or more <br />sections, subsections, sentences, clauses, phrases, or portions be declared invalid or <br />unconstitutional. <br /> <br />Section 5. The city clerk shall certify to the adoption of this ordinance and <br />cause the same to be published in the manner prescribed by law. <br /> <br />ADOPTED this 6th day of October, 2008. <br /> <br /> <br />APPROVED AS TO FORM: <br />Joseph W. Fletcher, City Attorney <br /> <br />By /;/ It ( <br />~Ie O.Ottd' ' <br />,Assistant City Attorney <br /> <br />Ordinance No. NS-2773 <br />Page 2 of 5 <br />