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iv. That the granting of a variance will not adversely affect the General Plan of the City. The cellular facility will not adversely affect the general plan of the city and in fact supports the needs of residents and businesses by improving technology used by most everyone. It supports the goal of addressing basic community needs, enhancing the City's economic and fiscal viability and ensuring that the impacts of development are mitigated. E. This project was reviewed in accordance with the Guidelines for the California Environmental Quality Act. The recommendation is exempt from further review pursuant to Section 15303. This Class 3 exemption allows in-fill developments for the construction and location of limited numbers of new, small facilities or structures. Categorical Exemption Environmental Review No. 2009-78 will be filed for this project. Section 2. The Planning Commission after conducting the public hearing hereby approves for the property located at 3531 South Fairview Street: 1. Conditional Use Permit No. 2006-21, as conditioned in Exhibit "A" attached hereto and incorporated herein, to permit the subject property to operate a surface parking lot. • 2. Variance No. 2009-04, as conditioned in Exhibit "B" attached hereto and incorporated herein. These decisions are based upon the evidence submitted at the above said hearing, which includes but is not limited to: the Request for Planning Commission Action dated December 14, 2009 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 14th day of December, 2009 by the following vote: AYES: Commissioners: Alderete, Betancourt, Gartner, Leo, Turner, Yrarrazaval (6) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: None (0) • Resolution No. 2009-19 Page 4 of 10