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• The proposed ancillary use, anoff-premise Alcoholic Beverage Control (ABC) <br />license associated with a retail market use is permitted in the District Center <br />designation. <br />• <br />2. The decision of the Zoning Administrator denying Conditional Use Permit No. 2001-03 is <br />hereby overturned. <br />3. Mitigated Negative Declaration for Environmental Review No. 01-10 is hereby approved <br />and adopted. Pursuant to Title XIV, California Code of Regulations ("CCR") § 735.5(c)(1), it has <br />been determined that, after considering the record as a whole, there is no evidence that the proposed <br />project will have the potential for any adverse effect on wildlife resources or the ecological habitat <br />upon which wildlife resources depend. The proposed project exists in an urban environment <br />characterized by paved concrete, roadways, surrounding buildings and human activity. Therefore, <br />pursuant to Fish and Game Code § 711.2 and Title XIV, CCR § 735.5(a)(3), the payment of Fish <br />and Game Department filing fees is not required in conjunction with this project. <br />4. Conditional Use Permit No. 2001-03 is hereby approved, subject to conditions, as set forth <br />in Attachment A, attached hereto and incorporated herein. <br />ADOPTED this ~.~ day of Lune, 2001 by the following vote: <br />AYES: Commissioners: 6 Cribb, Doughty, Leo, Mondo, Nalle, Verino <br />NOES: Commissioners: 0 <br />ABSENT: Commissioners: 1 Richardson <br />ABSTENTIONS: Commissioners: 0 <br />A' <br />the Planning Commission <br />APPROVED AS TO FORM: <br />C 'stopher G. Norman <br />Assistant City Attorney <br />• <br />