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Section 2. In accordance with the California Environmental Quality Act <br /> (CEQA), the proposed project is exempt from CEQA review per Section 21080(5). This <br /> subsection applies to projects in which the public agency disapproves of the request. <br /> Should the project ultimately be approved, further environmental review may be <br /> required. Environmental Review No. 2007-102 will be filed for this project. <br /> Section 3. Application for Tentative Parcel Map No. 2009-01 must be <br /> disapproved pursuant to Government Code section 66474(a) and (b) in that the <br /> proposed map, the design or improvements are not consistent with the applicable <br /> provisions of the Santa Ana General Plan. The findings that bridge the analytical gap <br /> between this conclusion and the facts of this matter are set forth in Section 1 of this <br /> resolution. <br /> Section 4. Government Code section 65589.5(j) does not prohibit disapproval <br /> of Tentative Parcel Map No. 2009-01 because (i) the application conflicts with objective <br /> general plan policies and municipal code sections as set forth in greater detail in <br /> Section 1 to this resolution, and (ii) anything other than disapproval would cause <br /> specific, adverse impact upon the public health or safety, i.e., violation of Santa Ana <br /> Municipal Code section 5-18, and there is no feasible method to avoid this adverse <br /> impact in that the Neighborhood is distinguished by providing quarters for livestock, <br /> particularly horses. <br /> Section 5. The Planning Commission of the City of Santa Ana after conducting <br /> the public hearing and being fully informed hereby denies Tentative Parcel Map <br /> No. 2009-01 (together with Appeal No. 2009-02). This decision is based upon the <br /> evidence submitted at the above said hearing, which includes but is not limited to: the <br /> Request for Planning Commission Action dated October 12, 2009 and exhibits attached <br /> <br /> thereto; the Request for Planning Commission Action dated October 12, 2009 and <br /> exhibits attached thereto and the public testimony, all of which are incorporated herein <br /> 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 /> Resolution No. 2009-16 <br /> Page 7 of 9 <br /> 75A-25 <br /> <br />