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Section 2. The Planning Commission has reviewed and considered the information contained in the initial study and the mitigated negative declaration and mitigation monitoring program for Environmental Review No. 2003-133 was prepared with respect to this Project. Pursuant to the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, the Mitigated Negative Declaration adequately addresses the expected environmental impacts of this Project and reflects the Planning Commission's independent judgment and analysis. On the basis of this review, the Planning Commission finds that there is no evidence from which it can be fairly argued that the project will have a significant adverse effect on the environment. The Planning Commission hereby approves and adopts the negative declaration and mitigation monitoring program and directs that the Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law. 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. Section 3. The Planning Commission after conducting the public hearing hereby approves Tentative Tract Map No. 2004-02 as conditioned in Exhibit "A" attached hereto and incorporated herein. This decision is based upon the evidence submitted at the above said hearing, which includes but not is not limited to: the Request for Planning Commission Action dated July 12, 2004 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 12th day of July, 2004 by the following vote: AYES: NOES: ABSENT: ABSTENTIONS: Commissioners: Cribb, De La Torre, Leo, Lutz, Mondo, Nalle, Sinclair (7) Commissioners: Commissioners: None (0) None (0) None (0) Commissioners: Glenn Mondo Chairperson 31A-84 Resolution No. 2004-23 Page 3 of 4