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