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HomeMy WebLinkAbout2006-040 - Environmental Review No. 2004-109 and Site Plan Review No. 2006-01 KO - 6/14/06 RESOLUTION NO. 2006-040 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM FOR ENVIRONMENTAL REVIEW NO. 2004-109 AND SITE PLAN REVIEW NO. 2006-01 FOR THE PROPERTY LOCATED AT 1580 EAST WARNER AVENUE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds. determines and declares as follows: A. Applicant is requesting approval of Mitigated Negative Declaration and Mitigation Monitoring Program for Environmental Review No. 2004-109, Zoning Ordinance Amendment No. 2006-02, and Site Plan Review No. 2006-01 for the property located at 1580 East Warner Avenue. B. The Planning Commission of the City of Santa Ana held a duly noticed pUblic hearing on May 22, 2006, and by a vote of 6:0 (Cribb absent) voted to recommend that the City Council: 1. Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2004- 109. 2. Adopt an ordinance approving Zoning Ordinance Amendment No. 2006-02. 3. Adopt a resolution approving Site Plan Review No. 2006-01. C. The City Council held a duly noticed public hearing on June 19, 2006 on Mitigated Negative Declaration and Mitigation Monitoring Program for Environmental Review No. 2004-109, Zoning Ordinance Amendment No. 2006-02 to amend SD-8, and Site Plan Review No. 2006-01. D. Applicant is requesting approval of Site Plan Review No. 2006-01 for the property located at 1580 East Warner Avenue. E. Santa Ana Municipal Code Section 41-493.5 requires approval of all plans for projects within a specific development district to ensure the project is in conformity with the specific development standards. F. The City Council considered all testimony, written and oral, and finds the project is in compliance with all applicable development standards and the provisions outlined within Specific Development NO.8 (SD-8). Resolution No. 2006-040 Page 1 of 3 G. The Request for Council Action and all mailers presented to the Council are incorporated herein by this reference as though fully set forth. 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 for Environmental Review No. 2004-109 prepared with respect to this Project. It is determined that, as required pursuant to the California Environrnental 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") 9735.5(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 9711.2 and Title XIV, CCR 9735.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 3. The City Council of the City of Santa Ana hereby, approves Site Plan Review No. 2006-01. ADOPTED this 19'h day of June, 2006 -; / l /7 // #/:;/ /C--{dV'-- APPROVED AS TO FORM: Joseph W. Fletcher City Allorney ;. /' By: J..~, /, L "'-C Kylee 0.0110 Assistant City Attorney Resolution No. 2006-040 Page 2 of 3 AYES Councilmembers Alvarez. Bist. Bustamante. Christy. Garcia. Pulido. (6) NOES: Councilmembers None (0) ABSTAIN: Councilmembers Solorio (1) NOT PRESENT: Councilmembers None (0) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY. Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2006-040 to be the original resolution adopted by the City Council of the City of Santa Ana on June 19. 2006. /--"') / / / .' '\ff" /~er:~~~~::~ '" '~ City of Santa Ana Date: t -;2/, -f.}? Resolution No. 2006-040 Page 3 013