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• iv. That the granting of a variance will not adversely affect the <br />General Plan of the City. <br />The granting of a variance will not adversely affect the <br />General Plan of the City since the proposed wireless <br />facility has been designed in conformance with City <br />zoning and General Plan requirements. <br />Section 2. The Planning Commission has reviewed and considered the <br />information contained in the initial study and the mitigated negative declaration and <br />mitigation monitoring Program prepared with respect to this Project. The Planning <br />Commission has, as a result of its consideration and the evidence presented at the <br />hearings on this matter, determined that, as required pursuant to the California <br />Environmental Quality Act ("CEQA") and the State CEQA Guidelines, a Mitigated Negative <br />Declaration and Mitigation Monitoring Program adequately addresses the expected <br />environmental impacts of this Project. On the basis of this review, the Planning <br />Commission finds that there is no evidence from which it can be fairly argued that the <br />Project will have a significant adverse effect on the environment. The Planning <br />Commission hereby certifies and approves the Mitigated Negative Declaration and <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 hereby approves Conditional Use Permit <br />No. 2002-18 as conditioned in Exhibit "A" attached hereto and incorporated herein and <br />approves Variance No. 2002-10 as conditioned in Exhibit "B" attached hereto and <br />incorporated herein. <br />• <br />Resolution No. 2002-31 <br />