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Section 2. In accordance with the California Environmental Quality Aci (CEQA), the proposed project is exempt from CEQA review per Section 21080(5). This subsection applies to projects in which the public agency disapproves of the request. Should the project ultimately be approved, further environmental review may be required. Environmental Review No. 2007-102 will be filed for this project. Section 3. Application for Tentative Parcel Map No. 2009-01 must be disapproved pursuant to Government Code section 66474(a) and (b) in that the proposed map, the design or improvements are not consistent with the applicable provisions of the Santa Ana General Plan. The findings that bridge the analytical gap between this conclusion and the facts of this matter are set forth in Section 1 of this resolution. Section 4. Government Code section 65589.5Q) does not prohibit disapproval of Tentative Parcel Map No. 2009-01 because (i) the application conflicts with objective general plan policies and municipal code sections as set forth in greater detail in Section 1 to this resolution, and (ii) anything other than disapproval would cause specific, adverse impact upon the public health or safety, i. e., violation of Santa Ana Municipal Code section 5-18, and there is no feasible method to avoid this adverse impact in that the Neighborhood is distinguished by providing quarters for livestock, particularly horses. Section 5. The Planning Commission of the City of Santa Ana after conducting the public hearing and being fully informed hereby denies Tentative Parcel Map No. 2009-01 (together with Appeal No. 2009-02). This decision is based upon the evidence submitted at the above said hearing, which includes but is not limited to: the Request for Planning Commission Action dated October 12, 2009 and exhibits attached thereto; the Request for Planning Commission Action dated October 12, 2009 and exhibits attached thereto and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 12th day of October , 2009 by the following vote: AYES: Commissioners: Alderete, Betancourt, Gartner, Leo, Turner (5) NOES: Commissioners: None (0) ABSENT: Commissioners: Yrarrazaval (1) ABSTENTIONS: Commissioners: None (0) • Resolution No. 2009-16 Page 7 of 9