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• it will allow the applicant the ability to maintain the existing office building on the site. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The reduced landscaped setback will not be detrimental to the surrounding area as the site has been in this condition for over 30 years. To reduce the aesthetic impact of the setback, various site improvements, such as signage, landscaping and fencing will be completed on the premises. 4. That the granting of a variance will not adversely affect the General Plan of the City. The granting of the variance will not adversely affect the City's General Plan in any way as the land use designation of Industrial (IND) allows uses such as the existing asphalt plant. 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 for Environmental Review No. 00-187 prepared with respect • to this Project. Pursuant to the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, the Mitigated Negative Declaration adequately addresses the expected environmental impacts of this Project and reflects the Planning Commission's independent judgment and analysis. 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 approves and adopts the 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 and adopts the Mitigated Negative Declaration and • the Mitigation Monitoring Program for Environmental Review No. 00-187. Resolution No. 2001-60 Page 2 of 3