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F. The proposed Housing Element has also been formally reviewed twice by the California Housing and Community Development Agency (HCD). The Housing Element was revised after the first comment letter, and resubmitted to HCD. HCD, in its most recent comment letter, signed by Ms. Cathy E. Creswell, Deputy Director, Department of Housing and Community Development and dated August 28, 2009, states that the revised City's Housing Element "will comply with State housing element law." G. All statements and findings contained in the Housing Element and the Request for Council Action dated October 19, 2009, are incorporated herein by this reference as though fully set forth. Section 2. The City Council has reviewed and considered the information contained in the initial study and the negative declaration for ER No. 2009-51 prepared with respect to this Housing Element. The City Council 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 Negative Declaration adequately addresses the expected environmental impacts of the Housing Element. On the basis of this review, the City Council 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 City Council hereby certifies and approves the negative declaration 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") § 735.5(c)(1), the City Council 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 § 711.2 and Title XIV, CCR § 735.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 3. The Housing Element is hereby approved and adopted, and shall be made regularly available by the City's Planning and Building Agency. Section 4. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. 75B-12