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CUP Nos. 2009-03 and 2009-04 <br />Variance No. 2009-O1 <br />March 9, 2009 <br />Page 6 <br />project's development and the mitigation measures being taken to protect <br />the residents to the east of the project. Staff presented several of the <br />proposed conditions of approval intended to prevent any negative impacts <br />on the adjacent residential including the raising of the block wall and <br />limiting after-hours operation to drive-through only. Staff also answered <br />several questions relating to the number and type of entitlements that the <br />Sonic was requesting. <br />The approval of a Sonic Restaurant at this location supports Policy 1.10 <br />of the Land Use Element which encourages commercial development at <br />arterial roadway intersections in commercial districts. It also supports <br />Policy 2.8 of the Land Use Element which promotes the rehabilitation of <br />commercial properties in the City. Based on the analysis of the project, <br />findings of fact, conditions of approval, compatibility with the City's <br />General Plan and applicable development standards, staff recommends the <br />Planning Commission approve Conditional Use Permit Nos. 2009-03 and 2009- <br />04, and Variance No. 2009-01 as conditioned. <br />CEQA Compliance <br />In accordance with the California Environmental Quality Act, the <br />recommended action is exempt from further review per Section 15303. This <br />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 />Matt Foul <br />Assistant Planner I <br />il.~ <br />Vince Frego o ICP <br />Principal Planner <br />MF:jm <br />mf/reports/cup09-03&cup09-04va09-O1 Sonic Drive-in.pc <br />31 B-7 <br />