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Starbucks and proposed sit-down restaurant are both in <br />• conformance with City development standards for <br />commercial uses and are consistent with the General <br />Commercial (GC) General Plan land use designation. <br />E. In accordance with the California Environmental Quality Act, Mitigated <br />Negative Declaration Environmental Review No. 2004-251 has been <br />prepared for this project. The Negative Declaration was available for <br />public review from July 29, 2005 through August 17, 2005. The mitigation <br />monitoring program is contained as a condition of approval. <br />Section 2. The Planning Commission of the City of Santa Ana after conducting <br />the public hearing hereby approves for the property located at 3770 West McFadden <br />Avenue: <br />1. Conditional Use Permit No. 2005-21 as conditioned in Exhibit A attached <br />hereto and incorporated herein as though fully set forth and <br />2. The modification of Variance No. 1995-09 as conditioned in Exhibit B <br />attached hereto and incorporated herein as though fully set forth. <br />These decisions are based upon the evidence submitted at the abovesaid hearing, <br />which includes but not is not limited to: the Staff report and exhibits attached thereto; <br />and the public testimony all of which are incorporated herein by this reference. <br /> <br />ADOPTED this 8th day of August, 2005 by the following vote: <br />AYES: Commissioners: Cribb, De La Torre, Gartner, Lutz, Mondo, Nalle(6) <br />NOES: Commissioners: None (0) <br />ABSENT: Commissioners: Leo (1) <br />ABSTENTIONS: Commissioners: None (0) <br />Glenn Mo`ndo <br />Chairperson <br /> <br />Resolution No. 2005-26 <br />Page 4 of 5 <br />