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<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 />Pursuant to Title XIV, California Code of Regulations ("CCR") § 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 § 711.2 and Title XIV, CCR § 735.5(a)(3), the payment of Fish and Game <br />Department filing fees is not required in conjunction with this project. <br />Section 3. The Planning Commission after conducting the public hearing hereby <br />approves Conditional Use Permit No. 2003-17 as conditioned in Exhibit "A" attached <br />hereto and incorporated herein and approves Variance No. 2003-05 as conditioned in <br />Exhibit "B" attached hereto and incorporated herein. <br />ADOPTED this 9th day of August, 2004 by the following vote: <br />• <br />AYES: Commissioners: Cribb, Leo, Lutz, Mondo, Nalle (5) <br />NOES: Commissioners: De La Torre, Sinclair (2) <br />ABSENT: Commissioners: None (0) <br />ABSTENTIONS: Commissioners: None (0) <br />~~ <br />Glenn ondo <br />Chairp rson <br />r: <br />APPROVED AS TO FORM: <br />Joseph W. Fletcher, City Attorney <br />By: <br />Kylee O. to <br />Deputy Attorney <br />Resolution No. 2004-31 <br />Page 5 of 6 <br />