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• 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, Mitigated Negative Declaration and Mitigation Monitoring Program No. 2002-295 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") § 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 § 711.2 and Title XIV, CCR § 753.5(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 the application to amend Conditional Use Permit No.97-05 as conditioned in Exhibit "A" attached hereto and incorporated herein. ADOPTED this 24th day of February, 2003 by the following vote: AYES: Commissioners: Cribb, De La Torre, Leo, Lutz, Mondo (5) NOES: Commissioners: None ABSENT: Commissioners: Nalle (1) ABSTENTIONS: Commissioners: None /~ A~~~~~ nder Nalle ~~`- Chairperson • APPROVED AS TO FORM: Joseph W. fetcher, City Attorney By: Benj min Chie Ass nan ~ City Attorney Resolution No. 2003-06 Page 3 of 4