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environmental impacts of this Project. On the basis of this review, the Planning • Commssion 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 § 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 Variance No. 2004-02 as conditioned in Exhibit "A" attached hereto and incorporated herein and Minor Exception No. 2004-03 as conditioned in Exhibit "B" 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 May 10, 2004 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. • ADOPTED this 10th day of May, 2004 by the following vote: AYES: Commissioners: Cribb, De La Torre, Leo, Lutz, Mondo, Nalle, Sinclair (7) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: None (0) ~ U~ Glen Mondo Chairp rson APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: ~. ' Kylee O. tto • Deputy it Attorney Resolution No. 2004-14 Page 4 of 5