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