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no evidence from which it can be faidy argued that the Project will have a significant <br />adverse effect on the environment. The City Council hereby certifies and approves the <br />mitigated negative declaration and mitigation monitoring program and directs that the <br />Notice of Determination be prepared and filed with the County Clerk of the County of <br />Orange in the manner required by law. <br /> <br /> Pursuant to Title XlV, California Code of Regulations ("CCR") § 735.5(c)(1 ), the City <br />Council has determined that, after considering the record as a whole, there is no evidence <br />that the proposed project will have the potential for any adverse effect on wildlife resoumes <br />or the ecological habitat upon which wildlife resources depend. The proposed project <br />exists in an urban environment characterized by paved concrete, roadways, surrounding <br />buildings and human activity. Therefore, pursuant to Fish and Game Code § 711.2 and <br />Title XIV, CCR § 735.5(a)(3), the payment of Fish and Game Department filing fees is not <br />required in conjunction with this project. <br /> <br /> Section 3. The City Council after conducting the public hearing hereby denies <br />Appeal No. 2003-03 and approves Conditional Use Permit No. 2003-17 as conditioned <br />in Exhibit "A" attached hereto and incorporated herein and approves Variance No. 2003- <br />02 as conditioned in Exhibit "B" attached hereto and incorporated herein. <br /> <br />ADOPTED this 15th day of September, 2003. <br /> <br />APPROVED AS TO FORM: <br />Joseph W. Fletcher <br />City Attorney <br /> <br />Kylee (~)xJ Otto - <br />Deput~j~City Attorney <br /> <br />Resolution No. 2003-077 <br /> Page 5 of 10 <br /> <br /> <br />