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Pursuant to Title XlV, California Code of Regulations ("CCR") § 735.5(c)(1 ), the <br />City Council has determined that, after considering the record as a whole, there is no <br />evidence that the proposed project will have the potential for any adverse effect on <br />wildlife resources or the ecological habitat upon which wildlife resources depend. The <br />proposed project exists in an urban environment characterized by paved concrete, <br />roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and <br />Game Code § 711.2 and Title XIV, CCR § 735.5(a)(3), the payment of Fish and Game <br />Department filing fees is not required in conjunction with this project. <br /> <br /> Section 3. The City Council approves Conditional Use Permit No. 2001-14 as <br />conditioned in Exhibit"A" attached hereto and incorporated herein. The City Council <br />further expresses its intent that Conditional Use Permit No. 2001-14 shall not become <br />effective until such time as Zoning Ordinance Amendment No, 2001-05 is approved and <br />becomes effective. <br /> <br /> Section 4. The City Council makes, adopts and relies upon the findings of fact <br />attached hereto as Exhibit "B" and incorporated herein, in rendering its decision to <br />approve Conditional Use Permit No. 2001-14. <br /> <br /> Section 5. The City Council approves Variance No. 2001-03 as conditioned in <br />Exhibit "C" attached hereto and incorporated herein. The City Council further expresses <br />its intent that Variance No. 2001-03 shall not become effective until such time as Zoning <br />Ordinance Amendment No. 2001-05 is approved and becomes effective. <br /> <br /> Section 6. The City Council makes, adopts and relies upon the findings of fact <br />attached hereto as Exhibit "D" and incorporated herein, in rendering its decision to <br />approve Variance No. 2001-03. <br /> <br />ADOPTED this 2nd dayof July ,2001. <br /> <br />Mayor <br /> <br />APPROVED AS TO FORM: <br />Joseph W. Fletcher, City Attorney <br /> <br />Christopher G. Norman' <br />Assistant City Attorney <br /> <br />Resotution No. 2001-045 <br />Page 2 of 7 <br /> <br /> <br />