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The proposed use will not adversely affect the General <br />Plan. The proposed restaurant is permitted by the <br />General Commercial land use designation and will <br />support several elements of the General Plan, <br />including Policies 1.10 and 2.8 of the Land Use <br />Element, which encourages the rehabilitation of <br />commercial development along major arterial <br />roadways and intersections. <br />F. In accordance with the California Environmental Quality Act, the <br />recommended action is exempt from further review per Section 15303. <br />This Class 3 exemption allows for the construction of a restaurant not <br />exceeding 2,500 square feet in floor area. Categorical Exemption <br />Environmental Review No. 2008-139 will be filed for this project. <br />Section 2. The Planning Commission after conducting the public hearing hereby <br />approves for the property located at 3531 South Fairview Street: <br />1. Conditional Use Permit No. 2009-03, as conditioned in Exhibit "A" <br />attached hereto and incorporated herein, to allow an eating <br />establishment to be open between hours of 12:00 a.m. and 5:00 <br />a.m. <br />2. Conditional Use Permit No. 2009-04, as conditioned in Exhibit "B" <br />attached hereto and incorporated herein, to allow an eating <br />establishment with drive-through window service. <br />3. Variance No. 2009-01, as conditioned in Exhibit "C" attached hereto <br />and incorporated herein, to allow a reduction in the side yard <br />landscaping from five (5) feet to one (1) foot . <br />These decisions are based upon the evidence submitted at the above said <br />hearing, which includes but is not limited to: the Request for Planning Commission <br />Action dated March 9, 2009 and exhibits attached thereto; and the public testimony, all <br />of which are incorporated herein by this reference. <br />ADOPTED this 9th day of March, 2009 by the following vote: <br />AYES: Commissioners: Alderete, Betancourt, Gartner, Leo, Mill, Turner, <br />Yrarrazaval (7) <br />NOES: Commissioners: None (0) <br />ABSENT: Commissioners: None (0) <br />ABSTENTIONS: Commissioners: None (0) <br />Resolution No. 2009-06 <br />Page 6 of 13 <br />31B-21 <br />