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Section 2. In accordance with the California Environmental Quality Act, <br />the proposed project is exempt from further review pursuant to Section 15061(b)(3), <br />which is a general rule exemption applying to projects that have no possibility of <br />having a significant effect on the environment. Categorical Exemption <br />Environmental Review No. 2009-187 will be filed for this project. <br />Pursuant to Title XIV, California Code of Regulations ("CCR") <br />§735.5(c)(1), the City Council has determined that, after considering the record <br />as a whole, there is no evidence that the proposed project will have the potential <br />for any adverse effect on wildlife resources or the ecological habitat upon which <br />wildlife resources depend. The proposed project exists in an urban environment <br />characterized by paved concrete, roadways, surrounding buildings and human <br />activity. Therefore, pursuant to Fish and Game Code §711.2 and Title XIV, CCR <br />§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 real property located at 1400-1441 South Village Way and <br />2100 East Wilshire Avenue in Santa Ana is hereby reclassified from Light Industrial <br />(M1) to Specific Development No. 85 (SD-85). An amended Sectional District <br />Map, showing the above described change in use district designation, is hereby <br />approved and attached hereto as Exhibit "A" and incorporated by this reference as <br />though fully set forth herein. <br />Section 4. Specific Development No. 85 (SD-85), attached hereto as <br />Exhibit "B" and incorporated by this reference as though fully set forth herein, is <br />approved and adopted in its entirety. <br />Section 5. If any section, subsection, sentence, clause, phrase or portion <br />of this ordinance is for any reason held to be invalid or unconstitutional by the <br />decision of any court of competent jurisdiction, such decision shall not affect the <br />validity of the remaining portions of this ordinance. The City Council of the City of <br />Santa Ana hereby declares that it would have adopted this ordinance and each <br />section, subsection, sentence, clause, phrase or portion thereof irrespective of the <br />fact that any one or more sections, subsections, sentences, clauses, phrases, or <br />portions be declared invalid or unconstitutional. <br />ADOPTED this day of , 2013. <br />Miguel A. Pulido <br />Mayor <br />11 A-4