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RESOLUTION NO.00-65 BK:12/26/00 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING NEGATIVE DECLARATION FOR ENVIRONMENTAL REVIEW NO. 99-83, AND APPROVING VARIANCE NO. 00-16 AS CONDITIONED AND MINOR EXCEPTION NO. 00-03 AS CONDITIONED FOR THE SECOND BAPTIST CHURCH LOCATED AT 4300 WESTMINSTER AVENUE WHEREAS, this Commission held a duly noticed public hearing on December 11, 2000, on Variance No. 00-16 and Minor Exception No. 00-03 to allow a rear wall to exceed the normal height limit and for properties abutting residentially zoned property and to allow shared on-site parking for independent uses in relation to the construction of the Second Baptist Church on a 4.61 acre lot located at 4300 Westminster Avenue; NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: 1. The Planning Commission has reviewed and considered the information contained in the initial study and the negative declaration for Environmental Review No. 99-83 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 Negative Declaration adequately addresses the expected environmental impacts of this variance and minor modification. 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 negative declaration and accompanying mitigation monitoring plan 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, CAR § 735.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. 2. The Planning Commission approves Variance No. 00-16 as conditioned in Exhibit A hereto, which is incorporated herein by this reference. This decision is based