2009-022 - Conditional Use Permit No. 2005-10 as Conditioned for the Properties Located at 9 and 15 Macarthur Place

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5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed project will not adversely affect the General Plan as multi-family residential development and ancillary uses are conditionally permitted within the Specific Development No. 76 (SD-76) zoning district. Further, General Plan Land Use Element Policy 1.3 supports high- density residential development within the City's District Centers as a part of a master-planned mixed-use development. Also, Policy 1.4 promotes the maintenance and fostering of a variety of residential land uses in the city. Section 2. On June 20, 2005 the City Council approved and adopted Final Environmental Impact Report No. 2004-02, the Mitigation Monitoring Program, and the Statement of Overriding Considerations. In analyzing the amendments to this project, it was determined that no new impacts are expected since the number of overall units, the number of persons in the households and the income levels for the project will remain the same. Therefore, in accordance with the California Environmental Quality Act, the proposed project has been determined to be adequately evaluated in previously prepared Environmental Impact Report No. 2004-02. This resolution incorporates by reference, as though fully set forth herein, Resolution No. 2005-063 and said Final Environmental Impact Report, Mitigation Monitoring Program, and Statement of Overriding Considerations, and all of their respective facts, findings and conclusions in support of this resolution and the findings made herein. This resolution also incorporates by reference, as though fully set forth herein, the Addendum to the Final Environmental Impact Report No. 2004-02 and the mitigation monitoring program which came before the City Council on May 4, 2009 as part of the public hearing for ZOA No. 2009-04, Amendment to DA No. 2005-02, Amendment to CUP No. 2009-08 and Amendment to Variance No. 2009-02 as well as the accompanying staff report and exhibits attached thereto; and the public testimony written and oral for that hearing item. Section 3. The City Council of the City of Santa Ana after conducting the public hearing hereby approves the amendment to Conditional Use Permit No. 2005-10 as conditioned in Exhibit "A" attached hereto and incorporated herein for the property located 9 and 15 MacArthur Place. 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 May 4, 2009 and exhibits attached thereto; and the public testimony written and oral, all of which are incorporated herein by this reference. Section 4. This Resolution shall not be effective unless and until Ordinance No. NS-2783 becomes effective. If said ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise do not go into effect for any reason, then this resolution shall be null and void and have no further force and effect. Resolution No. 2009-022 Page 3 of 20