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<br />Planning Commission finds that there is no evidence from which it can be fairly argued <br />that the Project will have a significant adverse effect on the environment. The Planning <br />Commission hereby certifies and approves the mitigated negative declaration and <br />mitigation monitoring program and directs that the Notice of Determination be prepared <br />and filed with the County Clerk of the County of Orange in the manner required by law. <br /> <br />Pursuant to Title XIV, California Code of Regulations ("CCR") 9 735.5(c)(1), the <br />Planning Commission has determined that, after considering the record as a whole, there <br />is no 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 9711.2 and Title XIV, CCR 9 735.5(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 Planning Commission after conducting the public hearing hereby <br />approves Conditional Use Permit No. 2005-01 as conditioned in Exhibit "A" attached <br />hereto and incorporated herein and Minor Exception No. 2005-01 as conditioned in <br />Exhibit "B" attached hereto and incorporated herein. These decisions are based upon <br />the evidence submitted at the abovesaid hearing, which includes but not is not limited <br />to: the Request for Planning Commission Action dated February 28, 2005 and exhibits <br />attached thereto; and the public testimony, all of which are incorporated herein by this <br />reference. <br /> <br />ADOPTED this 28h day of February, 2005 by the following vote: <br /> <br />AYES: Commissioners: <br />NOES: Commissioners: <br />ABSENT: Commissioners: <br />ABSTENTIONS: Commissioners: <br /> <br />De La Torre, Gartner, Leo, Lutz, Mondo, Nalle (6) <br />None (0) <br />Cribb (1) <br />None (0) <br /> <br />Glenn Mondo <br />Chairperson <br /> <br />31A-72 <br /> <br />Resolution No. 2005-07 <br />Page 4 of 5 <br />