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5. Will the proposed use adversely affect the General Plan or any • specific plan of the City? The proposed project is consistent with the General Plan land use designation of Open Space, which anticipates cemetery uses. The proposed construction of approximately 12,596 square feet of mausoleum and chapel space is well below the amount of square footage that could be constructed on the site per the Open Space FAR of 0.2. The property, zoned General Agriculture (A1), allows cemeteries, mausoleums and crematories as conditionally permitted uses within the Al zoning district (SAMC Sec. 41-201.5). The proposed project meets or exceeds all of the City's development standards. Based upon this analysis the proposed use will not adversely affect the General Plan or any specific plan of the City. Section 2. The Planning Commission has reviewed and considered the information contained in the initial study and the mitigated negative declaration and mitigation monitoring program, Environmental Review No. 2005-28, prepared with respect to this Project. The Planning Commission 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 Planning Commission 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 Planning Commission 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. Pursuant to Title XIV, California Code of Regulations ("CCR") § 735.5(c)(1), the Planning Commission has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and Game Code § 711.2 and Title XIV, CCR § 735.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 3. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2005-33 as conditioned in Exhibit A attached hereto and incorporated herein as though fully set forth. This decision is based upon the evidence submitted at the abovesaid hearing, which • includes but is not limited to: the Request for Planning Commission Action dated Resolution No. 2006-002 Page 3 of 9