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• RESOLUTION NO.00- 60 BK:12/26/00 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING NEGATIVE DECLARATION FOR ENVIRONMENTAL REVIEW NO. 00-185, AND APPROVING MODIFICATIONS TO CONDITIONAL USE PERMIT NO. 00-28 AS CONDITIONED, TO ALLOW AFTER HOUR (24 HOUR) OPERATIONS AT A PREVIOUSLY APPROVED SERVICE STATION AND MINI MALL LOCATED AT 1700 EAST DYER ROAD WHEREAS, this Commission held a public hearing on December 11, 2000, on modifications to Conditional Use Permit No. 00-28 as conditioned, to permit after hours (24 hour) operation of a previously approved service station and mini mall located at 1700 East Dyer Road (at the SR-55 freeway); and WHEREAS, the Planning Commission, based upon the complete record presented to it, including all public testimony and environmental information, and in the exercise of its sound discretion has determined to approve this application for modification, after applicant's explicit testimony that it has no further applications seeking modification currently planned or contemplated; • 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. 00-185 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 modification to conditional use permit no. 00-28. 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 bylaw. 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