2013-054 - Approving Mitigated Negative Declaration and Mitigation Monitoring Program

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3. Considering adoption of the amendments to SD -59 requested by the applicant, the project has been determined to be in compliance with applicable parking, landscaping and architectural provisions governing the project. Section 2. The City Council has reviewed and considered the information contained in the initial study and the mitigated negative declaration and mitigation monitoring program, Environmental Review No. 2013 -14, prepared with respect to this Project. The City Council 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 mitigated negative declaration and mitigation monitoring program adequately addresses the expected environmental impacts of this Project. On the basis of this review, the City Council 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 City Council hereby certifies and approves the mitigated 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 City Council 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 Housing Opportunity Ordinance, section 41 -1904 of the Santa Ana Municipal Code, allows payment of a fee if substantial evidence supports that the cost of providing inclusionary units on -site would substantially exceed the amount of the in -lieu fee. The amount of the fee is based on the affordability gap associated with fulfilling the required affordable housing units on site. With respect to The 301 residential development project, the fee calculation is based on the affordability gap of $10,900 per unit, which equates to a total in -lieu fee of $1,977,000, and by code requires payment prior to issuance of a building permit for any portion of the project. After review and consideration of this project, the City Council hereby finds and determines that the cost to provide the inclusionary units on -site exceeds the amount of the calculated in -lieu fee. The Housing Opportunity Ordinance, section 41 -1905 of the Santa Ana Municipal Code, also requires that the City Council review and approve any Inclusionary Housing Plan that includes alternatives to on -site units. Section 4. The City Council of the City of Santa Ana after conducting the public hearing hereby approves: Resolution No. 2013 -054 Page 2 of 10