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Resolution No. 2018-xx Page 5 of 6 Section 2. In accordance with the California Environmental Quality Act (CEQA) the recommended action is exempt from CEQA per Section 15061(b) (3). This exemption applies to projects where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The project proposes to allow the off-premises sale of alcoholic beverages at an existing neighborhood market. There is no reasonable possibility that the project will have a significant effect on the environment due to the facility having the necessary infrastructure to operate the proposed use and no new expansion of the existing building is proposed. Section 3. The Applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this project, and any approvals associated with the project, including, without limitation, any environmental review or approval, except to the extent caused by the sole negligence of the City of Santa Ana. Section 4. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2017-33 for the project located at 151 East Memory Lane. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Request for Planning Commission Action dated February 12, 2018, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. Section 5. The Planning Commission of the City of Santa Ana does hereby determine that the issuance of an ABC license to Mother’s Market and Kitchen located at 151 East Memory Lane will serve the “Public Convenience or Necessity” and will not create a law enforcement problem and hereby instructs the Planning Division to transmit this determination to the State Department of Alcoholic Beverage Control as the required findings under the Santa Ana Municipal Code as well as Business and Professions Code Section 23958.4. ADOPTED this 12th day of February, 2018. AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: _______________________ Mark McLoughlin Chairperson 2-11