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_ 5. The design and improvements of the proposed project will not <br />cause substantial environmental damage or substantially and <br />avoidable injure fish or wildlife or their habitat. <br />I. There are no wetlands or unusual flora or fauna on or <br />around the project site. No development surrounding this <br />site Wit be substantially affected by this proposal. <br />6. The design or improvements of the proposed project will not cause <br />serious public health problems. <br />I. The proposed infill development is for live -work studios and <br />will be in compliance with the Artists Village (C3 -A) zoning <br />and building requirements. <br />7. The design of improvements of the proposed project will not conflict <br />with easements necessary for public access through or use of the <br />property within the proposed project. <br />L There are no easements that would affect the use or <br />development of this site. <br />D. Mitigated Negative Declaration and Mitigation Monitoring Program for <br />Environmental Review No. 2001 -144 has been prepared for the Project. <br />Section The City Council has reviewed and considered the information <br />contained in the initial study and the mitigated negative declaration and mitigation <br />monitoring program for Environmental Review No. 01 -144 prepared with respect to this <br />Project. Pursuant to the California Environmental Quality Act ( "CEQA7) and the State <br />CEQA Guidelines, the Mitigated Negative Declaration adequately addresses the expected <br />environmental impacts of this Project and reflects the City Council's independent judgment <br />and analysis. On the basis of this review, the City Council finds that there Is no evidence <br />from which it can be fairly argued that the project will have a significant adverse effect on <br />the environment. The City Council hereby approves and adopts the negative declaration <br />and mitigation monitoring program and directs that the Notice of Determination be <br />prepared and filed with the County Clerk of the County of Orange in the manner required <br />by law. <br />Pursuant to Title XIV, California Code of Regulations ( "CCR ") § <br />735.5(c)(1), the City Council has determined that, after considering the record as a <br />whole, there is no evidence that the proposed project will have the potential for any <br />adverse effect on wildlife resources or the ecological habitat upon which wildlife <br />resources depend. The proposed project exists in an urban environment characterized <br />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(ax3), the <br />payment of Fish and Game Department filing fees is not required in conjunction with this <br />project. <br />Resolution No. 2001 -066 <br />Page 5 of 7 <br />