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The granting of the variance will adversely affect the City's General <br /> Plan by opposing several of the General Plan Land Use policies, <br /> including Policy 2.2 by allowing an additional conditionally permitted <br /> use in an area which is already accommodated by an adequate <br /> amount of banking services. Additionally, the approval of this <br /> variance and subsequent conditional use permit will oppose Land <br /> Use Policy 2.9 which supports developments that create a business <br /> environment that is safe and attractive, while check cashing <br /> facilities have been known historically to be locations of illicit <br /> activity. <br /> I. In accordance with the California Environmental Quality Act, the proposed <br /> project is exempt from CEQA review per Section 21080(5). This subsection <br /> applies to projects in which the public agency disapproves of the request. <br /> Should the project ultimately be approved, further environmental review <br /> may be required. Environmental Review No. 2009-102 will be filed for this <br /> project. <br /> Section 2. The Planning Commission, after conducting the public hearing and <br /> being fully advised, hereby denies Conditional Use Permit No. 2009-15 and Variance <br /> Nos. 2009-03, 2009-05, 2009-06, 2009-07 and 2009-09 for the property located at 1647 <br /> East First Street, Suite A. <br /> This decision is based upon the evidence submitted at the above said hearing, <br /> which includes but is not limited to: the Requests for Planning Commission Action dated <br /> <br /> August 24, 2009 and October 12, 2009 and exhibits attached thereto; and the public <br /> testimony, all of which are incorporated herein by this reference. <br /> ADOPTED this 12th day of October, 2009 by the following vote: <br /> AYES: Commissioners: Alderete, Betancourt, Gartner, Leo, Turner (5) <br /> NOES: Commissioners: None (0) <br /> ABSENT: Commissioners: Yrarrazaval (1) <br /> ABSTENTIONS: Commissioners: None (0) <br /> Christopher Leo <br /> Chairman <br /> Resolution No. 2009-11 <br /> Page 8 of 9 <br /> 31 A-38 <br /> <br />