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Resolution No. 2018-xx Page 3 of 7 5. That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use. The proposed project will not adversely affect the General Plan. Retail establishments and 24-hour operations are permitted within the General Commercial (GC) General Plan land use designation. The project is consistent with Goals 2 and 5 of the Land Use Element of the City’s General Plan which promote land uses that enhance the City’s economic and fiscal viability and that mitigate any potential impact crimes such as loitering, disturbing the peace, graffiti and other crimes that impact surrounding businesses and residential neighborhoods. The granting of this conditional use permit is also consistent with Polices 5.1 and 5.5 of the Land Use Element of the General Plan, which encourage projects that are compatible with surrounding land uses. The project’s potential impacts on the residential properties to the west are mitigated as the 7-Eleven business is located at the easternmost section of the site and is the furthest business from the residences. Section 2. In accordance with the California Environmental Quality Act (CEQA), the recommended action is exempt from CEQA per Section 15301. Class 1 consists of the operation, repair, maintenance permitting, leasing, licensing, or minor alterations of existing public or private structures involving negligible or no expansion of use beyond that existing at the time of the lead agency’s determination. The project involves no interior or exterior alterations to the existing tenant space and is to allow the after-hours operation of the existing retail business. 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. 2018-05 as conditioned in Exhibit A attached hereto and incorporated as though fully set forth herein for the project located at 2112 South Main Street. This decision is 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 26, 2018, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. 1-8