31A - 1516, 1518, 1520, 1522, 1526, 1528 EAST WARNER AVE

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public health problems. The small lot subdivisions and condominiums proposed in Tentative Tract Map No. 2005-01 will not affect the health or safety of persons residing in the vicinity since the project does not involve any new buildings on the project site. VI. The design or improvements of the proposed project will not conflict with the easements acquired by the public at large for access through or use of property within the proposed project. The small lot subdivision and office condominiums proposed in the tract map will not create any conflicts with existing easements found on the site. Conditions, Covenants and Restrictions (CC&R's) are in place and will be amended as necessary to ensure that the appropriate easements such as access, egress, drainage, utility and other necessary easements are maintained over the 6.47 -acre project site. Section 2. The Planning Commission has reviewed and considered the information contained in the initial study and the mitigated negative declaration and mitigation monitoring program prepared with respect to this Project. The Planning Commission has, as a result of its consideration and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, a mitigation negative declaration and mitigation monitoring program adequately addresses the expected environmental impacts of this Project. On the basis of this review, the Planning Commission 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 Planning Commission 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") 9 735.5(c)(1), the Planning Commission 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 9 711.2 and Title XIV, CCR 9 735.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 3. The Planning Commission after conducting the public hearing hereby approves Conditional Use Permit No. 2005-01 as conditioned in Exhibit "A" attached hereto and incorporated herein. This decision is based upon the evidence submitted at the abovesaid hearing, which includes but not is not limited to: the Request for Planning Commission Action dated March 14, 2005 and April 25, 2005 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. 31A-42 Resolution No. 2004-11 Page 3 of 4