11A - ORD MITIGATED NEG ENV REVIEW

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Applicant to appeal the decision to the City Council. The Applicant requested that the item be denied by the Planning Commission to allow them to move forward to the City Council for a final decision. F. The City Council, prior to taking action on this ordinance, held a duly noticed public hearing on February 20, 2018. G. The City Council has reviewed applicable general plan policies and has determined that this proposed rezoning is consistent with the purpose of the General Plan. H. The City Council hereby adopts as findings all facts presented in the Request for Council Action dated February 20, 2018 accompanying this matter. For these reasons, Amendment Application No. 2017-02 is hereby found and determined to be consistent with the intent and purpose of Chapter 41 of the Santa Ana Municipal Code, thus changing the zoning district is found to be consistent with the General Plan of the City of Santa Ana and otherwise justified by the public necessity, convenience, and general welfare. Section 2. The City Council has reviewed and considered the information contained in the initial study and the mitigated negative declaration (MND)/Environmental Review No. 2017-96, 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 MND adequately addresses the expected environmental impacts of this project. On the basis of this review, the City Council finds that with the implementation of the Mitigation Monitoring and Reporting Program 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 MND 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 significant 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. However, pursuant to Fish and Game Code § 711.2 and Title XIV, CCR § 735.5, the payment of Fish and Game Department filing fees in conjunction with this project is at the discretion of the State of California Department of Fish and Wildlife. Ordinance No. NS-XXXX Page 2 of 4 11 A-4