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