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B. With the approval of the two deviations requested by the applicant, the <br />project is in compliance with all applicable development standards outlined <br />within the Heninger Park Specific Development No. 40 (SD-40). <br />Section 4. In accordance with the California Environmental Quality Act, the <br />proposed project is categorically exempt from CEQA review per Section 15303, class 3 <br />and Section 15332, Class 32. The Class 3 exemption allows new construction multi-family <br />residential structures in urbanized areas designed for not more than six dwelling units. <br />The Class 32 exemption allows for construction of in-fill development projects of less than <br />five acres in urbanized areas. A Notice of Exemption for Environmental Review No. 2010- <br />103 will be filed for this project. <br />Section 5. The Planning Commission of the City of Santa Ana after conducting <br />the public hearing hereby approves Density Bonus Application No. 2010-04 and <br />approves Site Plan Review No. 2010-03 as conditioned in Exhibit "A" attached hereto <br />and incorporated herein. This decision is based upon the evidence submitted at the <br />abovesaid hearing, which includes but is not limited to: the Request for Planning <br />Commission Action dated December 13, 2010 and exhibits attached thereto; and the <br />public testimony, all of which are incorporated herein by this reference. <br />ADOPTED this 13th day of December, 2010 by the following vote: <br />AYES: Commissioners: Alderete, Betancourt, Gartner, Yrarrazaval (4) <br />NOES: Commissioners: Acosta, Walters (2) <br />ABSENT: Commissioners: Turner (1) <br />ABSTENTIONS: Commissioners: None (0) <br />Eric Alderete <br />Chairman <br />APPROVED AS TO FORM: <br />Joseph W. Fletcher, City Attorney <br />By: <br />Ryan O. Hodge <br />Assistant City Attorney <br />Resolution No. 2010-23 <br />Page 3 of 5 <br />39C-30