11C - 2ND READ ORDINANCE - 4226-4306 W 5TH ST

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Section 2. In accordance with the California Environmental Quality Act, the proposed project is exempt from further review pursuant to Section 15332. This class 32 exemption allows infill development provided they are consistent with the zoning and General Plan, do not have any noise or traffic impacts, and can be served by existing utilities. Categorical Exemption Environmental Review No. 2013 -04 will be filed for this project. 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 real property located at 4226 -4306 West Fifth Street in Santa Ana is hereby reclassified from General Agricultural (Al) to Specific Development No. 86 (SD -86). An amended Sectional District Map, showing the above described change in use district designation, is hereby approved and attached hereto as Exhibit "A" and incorporated by this reference as though fully set forth herein. Section 4. Specific Development No. 86 (SD -86), attached hereto as Exhibit "B" and incorporated by this reference as though fully set forth herein, is approved and adopted in its entirety. Section 5. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this _ day of , 2013. Miguel A. Pulido Mayor 11C-4