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the project will have a significant adverse effect on the environment and the MND <br />reflects the independent judgment and analysis of the City Council. <br />The City Council has, as a result of its consideration and the evidence presented <br />at the hearings on this matter, determined that, as required pursuant to the California <br />Environmental Quality Act (CEQA) and the State CEQA Guidelines, an MND <br />adequately addresses the expected environmental impacts of this project. On the basis <br />of this review, the City Council finds that there is no evidence from which it can be fairly <br />argued that the project will have a significant adverse effect on the environment. The <br />City Council hereby certifies and approves the MND and directs that the Notice of <br />Determination be prepared and filed with the County Clerk of the County of Orange in <br />the manner required by law. <br />Pursuant to Title XIV, California Code of Regulations (CCR) § 735.5(c)(1), <br />the City Council has determined that, after considering the record as a whole, there is <br />no evidence that the proposed Project will have the potential for any significant adverse <br />effect on wildlife resources or the ecological habitat upon which wildlife resources <br />depend. The proposed Project exists in an urban environment characterized by paved <br />concrete, roadways, surrounding buildings and human activity. However, pursuant to <br />Fish and Game Code § 711.2 and Title XIV, CCR § 735.5, the payment of Fish and <br />Game Department filing fees in conjunction with this project is at the discretion of the <br />State of California Department of Fish and Wildlife. <br />Section 3. The City Council hereby adopts the Mitigated Negative Declaration, <br />Environmental Review No. 2018-75 and approves the Mitigation Monitoring and <br />Reporting Program attached hereto and incorporated herein as Exhibit A, consistent <br />with Public Resources Code section 21081.6; makes implementation of the Mitigation <br />Measures contained in the Mitigation Monitoring and Reporting Program a condition of <br />approval of the Project. and adopts the Mitigation Monitoring and Reporting Program, <br />and directs that the Notice of Determination be prepared and filed with the County Clerk <br />of the County of Orange in the manner required by law. This decision is based upon the <br />evidence submitted at the above said hearing, which includes, but is not limited to: the <br />Request for Council Action dated June 4, 2019, and exhibits attached hereto; and the <br />public testimony, written and oral, all of which are incorporated herein by this reference. <br />Section 4. Pursuant to Title XIV, California Code of Regulations (CCR) § <br />735.5(c)(1), the City Council has determined that, after considering the record as a <br />whole, there is no evidence that the proposed project will have the potential for any <br />significant adverse effect on wildlife resources or the ecological habitat upon which <br />wildlife resources depend. The proposed project exists in an urban environment <br />characterized by paved concrete, roadways, surrounding buildings and human activity. <br />However, pursuant to Fish and Game Code § 711.2 and Title XIV, CCR § 735.5, the <br />payment of Fish and Game Department filing fees in conjunction with this project is at <br />the discretion of the State of California Department of Fish and Wildlife. <br />751-36 <br />