2008-071 - Approving Conditional Use Permit No. 2008-05

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promote a balance of land uses that address basic community needs. I. Section 41-593.5(c) of the Santa Ana Municipal Code requires a review of all plans within a specific development plan area to ensure the project is in conformity with the Specific Plan. 1. Site Plan Review No. 2008-02 came before the City Council of the City of Santa Ana on October 6, 2008. 2. After reviewing the plans for the proposed project, the City Council determines the project is in compliance with all applicable development standards outlined within the Specific Development Plan Number 82 (SD-82). 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, Environmental Review No. 2004-162. 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. Section 3. The City Council after conducting the public hearing hereby approves: A. Conditional Use Permit No. 2008-05 as conditioned in Exhibit "A" attached hereto and incorporated herein. B. Variance No. 2008-04 as conditioned in Exhibit "B" attached hereto and incorporated herein. C. Site Plan Review No. 2008-02, as conditioned in Exhibit "c" attached hereto and incorporated herein. These decisions .are based upon the evidence submitted at the above said hearing, which includes but is not limited to the Request for City Council Action dated October 6, 2008 and exhibits attached thereto and the public testimony, all of which are incorporated herein by this reference. Section 4. This Resolution shall take effect thirty (30) days after its adoption by the City Council; provided however, that if Ordinance No. NS-2777 is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, Resolution No. 2008-071 Page 4 of 10