75A - TENTATIVE PARCEL MAP NO. 2009-01: 1013 S ELLIOT PLACE

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proposed development. Access through or use of the property is not required by the public at large. Section 2. In accordance with the California Environmental Quality Act (CEQA), the proposed project is exempt from CEQA review per Section 21080(5). This subsection applies to projects in which the public agency disapproves of the request. Should the project ultimately be approved, further environmental review may be required. Environmental Review No. 2007-102 will be filed for this project. Section 3. Application for Tentative Parcel Map No. 2009-01 must be disapproved pursuant to Government Code section 66474(a) and (b) in that the proposed map, the design or improvements are not consistent with the applicable provisions of the Santa Ana General Plan. The findings that bridge the analytical gap between this conclusion and the facts of this matter are set forth in Section 1 of this resolution. Section 4. Government Code section 65589.5Q) does not prohibit disapproval of Tentative Parcel Map No. 2009-01 because (i) the application conflicts with objective general plan policies and municipal code sections as set forth in greater detail in Section 1 to this resolution, and (ii) anything other than disapproval would cause specific, adverse impact upon the public health or safety, i.e., violation of Santa Ana Municipal Code section 5-18, and there is no feasible method to avoid this adverse impact in that the Neighborhood is distinguished by providing quarters for livestock, particularly horses. Section 5. The City Council of the City of Santa Ana after conducting the public hearing and being fully informed hereby denies Tentative Parcel Map No. 2009-01 (together with Appeal No. 2009-05). This decision is based upon the evidence submitted at the above said hearing, which includes but is not limited to: the Request for Council Action dated November 16, 2009 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Section 6. If any section, subsection, sentence, clause, phrase or portion of this resolution is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this resolution. The City Council of the City of Santa Ana hereby declares that it would have adopted this resolution and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Resolution No. 2009-XX Page 7 of 8 75A-35