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existing use. Categorical Exemption Environmental Review No. 2009 -145 will be filed <br />for this project. <br />Section 2. The Planning Commission after conducting the public hearing hereby approves <br />for the property located at 3960 South Main Street, Unit D: <br />Conditional Use Permit No. 2009 -23, as conditioned in Exhibit "A" attached <br />hereto and incorporated herein, to allow a retail market to be open between <br />hours of 12:00 a.m. and 5:00 a.m. <br />These decisions are based upon the evidence submitted at the above said hearing, which <br />includes but is not limited to: the Request for Planning Commission Action dated January 11, 2010 <br />and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this <br />reference. <br />ADOPTED this 11th day of January, 2010 by the following vote: <br />AYES: Commissioners: Alderete, Betancourt, Gartner, Leo, Turner, <br />Yrarrazaval (6) <br />NOES: Commissioners: None (0) <br />ABSENT: Commissioners: None (0) <br />ABSTENTIONS: Commissioners: None (0) <br />APPROVED AS TO FORM: <br />Joseph W. Fletcher, City Attorney <br />By: <br />Benjamin Kaufman <br />Chief Assistant City Attorney <br />Christopher Leo <br />Chairman <br />31 A -11 <br />Resolution 2010 -01 <br />Page 3 of 7 <br />