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The granting of this conditional use permit will not adversely <br />affect the General Plan. The proposed after-hours <br />operations at this location is consistent with several goals <br />and policies of the General Plan. Goal 2 and Goal 5 of the <br />Land Use Element promotes land uses that enhance the <br />City's economic and fiscal viability and mitigate any potential <br />impacts to the surrounding community. The proposed after- <br />hours use is also consistent with Policy 2.2, 2.6 and 5.5 of <br />the Land Use Element which encourages land uses that <br />accommodate the City's needs for goods and services and <br />the creation of new employment opportunities in <br />developments which are compatible with the surrounding <br />land uses. IHOP is located in an integrated commercial <br />shopping center within a General Commercial (C2) land use <br />designation and is thus compatible with the surrounding <br />uses. The proposed after-hours use also provides a broader <br />range of customers with a service and offers employment <br />opportunity throughout the extended hours. <br />Section 2. In accordance with the California Environmental Quality Act (CEQA) <br />the recommended action is exempt from CEQA per Section 15061(b)(3). This exemption <br />applies to projects where it can be seen with certainty that there is no possibility that the <br />activity in question may have a significant effect on the environment. The project <br />proposes to allow after-hours operation. There is no reasonable possibility that the project <br />will have a significant effect on the environment due to the facility having the necessary <br />infrastructure to operate the proposed use and no new expansion of the existing building <br />is proposed. <br />Section 3. The Applicant agrees to indemnify, hold harmless, and defend the <br />City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, <br />claims, actions or proceedings that may be brought arising out of its approval of this <br />project, and any approvals associated with the project, including, without limitation, any <br />environmental review or approval, except to the extent caused by the sole negligence of <br />the City of Santa Ana. <br />Section 4. The Planning Commission of the City of Santa Ana after conducting <br />the public hearing hereby approves Conditional Use Permit No. 2018-06 as conditioned <br />as set forth in Exhibit A, attached hereto and incorporated herein. This decision is based <br />upon the evidence submitted at the abovesaid hearing, which includes, but is not limited <br />to: the Request for Planning Commission Action dated June 11, 2018, and exhibits <br />attached thereto; and the public testimony, written and oral, all of which are <br />incorporated herein by this reference. <br />Resolution No. 2018-22 <br />Page 3 of 5 <br />