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D. In accordance with the California Environmental Quality Act, the project is <br />exempt from further review pursuant to Section 15301. This Class 1 <br />exemption applies to a project that involves the licensing of an existing <br />structure with little or no expansion involved. Categorical Exemption <br />Environmental Review No. 2009-76 will be filed for this project. <br />Section 2. The Planning Commission, after conducting the public hearing, <br />hereby approves Conditional Use Permit No. 2009-18, as conditioned in Exhibit "A" <br />attached hereto and incorporated herein for the property located at 1501 East <br />McFadden Avenue. <br />This decision is based upon the evidence submitted at the above said hearing, <br />which includes but is not limited to: the Request for Planning Commission Action dated <br />October 12, 2009 and exhibits attached thereto; and the public testimony, all of which <br />are incorporated herein by this reference. <br />ADOPTED this 12th day of October, 2009 by the following vote: <br />AYES: Commissioners: Alderete, Betancourt, Gartner, Leo, Turner (5) <br />NOES: Commissioners: None (0) <br />ABSENT: Commissioners: Yrarrazaval (1) <br />ABSTENTIONS: Commissioners: None (0) <br />Christopher Leo <br />Chairman <br />APPROVED AS TO FORM: <br />Joseph W. Fletcher, City Attorney <br />By: <br />Benjamin Kaufman <br />Chief Assistant City Attorney <br />Resolution No. 2009-15 <br />Page 3 of 5 <br />31 A-13 <br />