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loitering, disturbing the peace, graffiti and other crimes <br />• that impact surrounding businesses and residential <br />neighborhoods. The granting of this application is also <br />inconsistent with Policies 5.1 and 5.5 of the Land Use <br />Element of the General Plan which discourages <br />projects that are not compatible with surrounding land <br />uses and have the potential to negatively impact their <br />quality of life. The projects proximity to both residential <br />properties as well as other sensitive land uses identified <br />in the over concentration criteria further support the <br />denial of this application. <br />E. This accordance with the California Environmental Quality Act, the <br />proposed project is exempt from CEQA review per Section 21080(5). <br />This subsection applies to projects in which the public agency <br />disapproves of the request. Should the Zoning Administrator <br />recommend approval, further environmental review may be required. <br />Environmental Review No. 2009-50 will be filed for this project. <br />Section 2. The Planning Commission of the City of Santa Ana after <br />conducting the public hearing hereby denies Appeal No. 2009-03, and Conditional <br />Use Permit No. 2009-16. This decision is based upon the evidence submitted at <br />the above said hearing, which includes, but is not limited to: the Request for <br />Planning Commission Action dated October 26, 2009 and exhibits attached thereto; <br />and the public testimony, all of which are incorporated herein by this reference. <br />ADOPTED this 26th day of October, 2009 by the following vote: <br />AYES: Commissioners: Alderete. Betancourt, Gartner, Leo, Turner, <br />NOES: Commissioners <br />Yrarrazaval (6) <br />None (0) <br />ABSENT: Commissioners <br />ABSTENTIONS: Commissioners <br />None (0) <br />None (0) <br />Christoph Leo <br />Chairma <br />• <br />Resolution No. 2009-17 <br />Page 4 of 6 <br />