2005-095 - Approving Tentative Parcel Map No. 2005-08

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There are no easements that would affect the use or development of this site. Approval of Tentative Tract Map No. 2005-08 will not create conflicts with the easements necessary for public access through the property, as no such easements currently exist. Public access will be allowed to the site, as this development as an urban project concept encourages pedestrian and public activity. I. Site Plan Review No. 2005-03 has been filed seeking to approve the project that is located within Specific Development No. 79 (SD-79). 1. Section 41-593.5(c) of the Santa Ana Municipal Code requires a review by the Planning Commission of all plans within a specific development plan area to ensure the project is in conformity with the Specific Plan. 2. The project is in compliance with all applicable development standards outlined within the Specific Development Plan No. 79 (SD-79). 3. 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. 2005-18, 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 mitigation 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") S 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 S 711.2 and Title XIV, CCR S 735.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. Resolution 2005-095 Page 4 019