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<br /> <br /> <br /> <br /> <br /> <br /> 2. Considering adoption of the amendments to SD-43 requested by the <br /> applicant, the project is in compliance with all applicable development <br /> standards outlined within the Specific Development Plan (SD-43). <br /> 3. Considering adoption of the amendments to SD-43 requested by the <br /> applicant, the project has been determined to be in compliance with <br /> applicable parking, landscaping and architectural provisions <br /> governing the project. <br /> <br /> Section 2. The City Council has reviewed and considered the information <br /> contained in the initial study and the mitigated negative declaration and mitigation <br /> monitoring program, Environmental Review No. 2011-46, prepared with respect to this <br /> Project. The City Council has, as a result of its consideration and the evidence <br /> presented at the hearings on this matter, determined that, as required pursuant to the <br /> California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, a <br /> mitigated negative declaration and mitigation monitoring program adequately addresses <br /> the expected environmental impacts of this Project. On the basis of this review, the City <br /> Council finds that there is no evidence from which it can be fairly argued that the Project <br /> will have a significant adverse effect on the environment. The City Council hereby <br /> certifies and approves the mitigated negative declaration and mitigation monitoring <br /> program and directs that the Notice of Determination be prepared and filed with the <br /> County Clerk of the County of Orange in the manner required by law. <br /> <br /> Pursuant to Title XIV, California Code of Regulations ("CCR") § 735.5(c)(1), the City <br /> Council has determined that, after considering the record as a whole, there is no evidence <br /> that the proposed project will have the potential for any adverse effect on wildlife resources <br /> or the ecological habitat upon which wildlife resources depend. The proposed project <br /> exists in an urban environment characterized by paved concrete, roadways, surrounding <br /> buildings and human activity. Therefore, pursuant to Fish and Game Code § 711.2 and <br /> Title XIV, CCR § 735.5(a)(3), the payment of Fish and Game Department filing fees is not <br /> required in conjunction with this project. <br /> Section 3. The City Council of the City of Santa Ana after conducting the public <br /> hearing hereby approves: <br /> <br /> A. Mitigated Negative Declaration and Mitigation Monitoring Program, <br /> Environmental Review No. 2011-46. <br /> B. Vesting Tentative Tract Map No. 2012-01 as conditioned in Exhibit <br /> "A" attached hereto and incorporated herein. <br /> <br /> C. Site Plan Review No. 2012-01 as conditioned in Exhibit "B" <br /> attached hereto and incorporated herein. <br /> These decisions are based upon the evidence submitted at the above said <br /> hearing, which includes, but is not limited to: the Request for Council Action dated <br /> March 5, 2012, and exhibits attached thereto; and the public testimony, written and oral, <br /> all of which are incorporated herein by this reference. <br /> <br /> <br /> <br /> Resolution No. 2012-xxx <br /> 75A-176 Page 4 of 6 <br />