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R. The City has prepared a Mitigation Monitoring and Reporting Program in <br />compliance with Public Resources Code Sections 21081.6 and CEQA <br />Guidelines Section 15097 to ensure compliance with the mitigation <br />measures identified in the EIR during project implementation and <br />operation. <br />Section 2. The City Council of the City of Santa Ana further finds, determines <br />and declares as follows: <br />A. The City Council certifies that: <br />1) The Final EIR has been completed in compliance with CEQA. <br />2) The Final EIR was presented to the City Council of the City of Santa <br />Ana, which reviewed and considered the information contained in the <br />Final EIR prior to approving the project. <br />3) The Final EIR reflects the City of Santa Ana's independent judgment <br />and analysis. <br />B. The City Council adopts the Findings of Fact and Statement of Overriding <br />Considerations, attached to this Resolution as "Exhibit A" as admended by <br />the SSR. <br />C. The City Council adopts the Mitigation Monitoring and Reporting Program, <br />attached to this Resolution as "Exhibit B" as amended by the SSR. <br />D. All attached documents, including the Mitigation Monitoring and Reporting <br />Program, the CEQA Findings of Fact and the Statement of Overriding <br />Considerations, are hereby incorporated by reference as though set forth in <br />full. <br />Section 3. Pursuant to Title XIV, California Code of Regulations (CCR), Section <br />753.5(c)(1), the City Council has determined that, after considering the record as a whole, <br />there is no evidence that the Transit Zoning Code (SD No. 84) or the Developer Project <br />will have the potential for any adverse effect on wildlife resources or the ecological habitat <br />upon which wildlife resources depend. The Transit Zoning Code (SD No. 84) and the <br />Developer Project exist in an urban environment characterized by paved concrete, <br />roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and <br />Game Code § 711 .4(c)(2) and Title XIV, CCR § 753.5, the payment of Fish and Game <br />Department filing fees is not required in conjunction with this project. <br />Section 4. This Resolution shall take effect immediately after its adoption by the <br />City Council, and the Clerk of the Council shall attest to and certify the vote adopting <br />this Resolution. <br />Resolution No. 2010-024 <br />Page 4 of 130 <br />