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• The granting of the variance will not be materially detrimental to the public welfare or injurious to surrounding properties as the fence, with the existing landscaping, is in character with the surrounding neighborhood. Further, conditions of approval have been incorporated to maintain the landscaping adjacent to the existing fencing. iv. That the granting of a variance will not adversely affect the General Plan of the City. The granting of the variance will not adversely affect the General Plan of the City since the proposed use has been designed in conformance with City Zoning, Development, and General Plan requirements. F. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review pursuant to Section 15301. This Class 1 exemption allows the permitting of existing structures where no expansion is proposed. Categorical Exemption No. 2006-174 will be filed for this project. Section 2. The Planning Commission after conducting the public hearing hereby approves for the property located at 601 North Baker Street: 1. Conditional Use Permit No. 2007-22, as conditioned in Exhibit "A" attached hereto and incorporated herein, to allow a private school in the R1 district. 2. Variance No. 2007-10, as conditioned in Exhibit "B" attached hereto and incorporated herein, to allow a reduction in the front yard setback. 3. Variance No. 2007-12, as conditioned in Exhibit "C" attached hereto and incorporated herein, to allow an increase in the fence height to 6 feet and to allow chain link fencing. 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 November 26, 2007 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 26t" day of November, 2007 by the following vote: Resolution No. 2007-39 Page 5 of 10