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D. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The cellular facility has been designed to be in compliance with the regulations and conditions identified in Chapter 41 for a major wireless facility. E. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed monopole will not adversely affect the General Plan as cellular facilities, designed to be compatible with the surrounding environment, are consistent with the goals and objectives of the Industrial (IND) General Plan designation. 2. Mitigated Negative Declaration and Mitigation Monitoring Program for Environmental Review No. 00-205 is hereby approved and certified. 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. • 3. Conditional Use Permit No. 01-15 is hereby approved, subject to conditions, as set forth in Attachment A, attached hereto and incorporated herein. ADOPTED this 11th day of "Tii~e_ 2001 by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: Doughty, Leo, Mondo, Nalle, Verino (5) None (0) Cribb, Richardson (2) None (0) ATTEST: F-~~~~~ / Rosa Barela Glenn ondo Recording Secretary Chairp son APPROVED AS TO FORM: Christopher G. Norman Assistant City Attorney