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• fairly argued that the Project will have a significant adverse effect on the environment that <br />cannot be mitigated. The Planning Commission hereby certifies and approves the <br />Mitigated Negative Declaration and Mitigated Monitoring Program and directs that the <br />Notice of Determination be prepared and filed with the Count Clerk of the County of <br />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 characterized by paved concrete, roadways, <br />surrounding buildings and human activity. Therefore, pursuant to Fish and roadways, <br />surrounding buildings and human activity. Therefore, pursuant to Fish and Game Code § <br />711.2 and Title XIV, CCR §735.5(a)(3), the payment of Fish and Game Department filing <br />fees is not required in conjunction with this project. <br /> <br />Section 3. After conducting the public hearing, the Planning Commission hereby <br />approves and adopts the Mitigated Negative Declaration and Mitigation Monitoring <br />Program for Environmental Review No. 01-143. <br />Section 4. The Planning Commission after conducting the public hearing hereby <br />approves Variance No. 2002-05 as conditioned in Exhibit "A" attached hereto and <br />incorporated herein. This decision is based upon the evidence submitted at the above <br />• said hearing, which includes but not is not limited to: the Staff report and exhibits attached <br />thereto; and the public testimony; all of which are incorporated herein by this reference. <br />ADOPTED this 10th day of June, 2002 by the following vote: <br />AYES: Commissioners: <br />NOES: Commissioners <br />Cribb, Doughty, <br />Verino (7) <br />None (0) <br />Leo, Mondo, Nalle, Richardson, <br />ABSENT: Commissioners: None (0) <br />ABSTENTIONS: Commissioners: None (0) <br />APPROVED AS TO FORM: <br />Joseph W. Fletcher, City Attorney <br />By: <br />Kylee ette <br />• Depu City Attorney <br />C <br />Alexa der Nalle <br />Chairperson <br />Resolution No. 2002-13 <br />Page 3 of 3 <br />