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Resolution No. 2018-xx <br />Page 5 of 7 <br />offers additional dining options for Santa Ana residents and <br />visitors. Furthermore, Policy 5.5 of the Land Use Element <br />encourages development that is compatible with and <br />supporting of surrounding land uses. Father’s Burrell BBQ <br />Pit is located in a commercial area and its operations will be <br />compatible with the surrounding commercial businesses. <br /> <br />G. In accordance with the California Environmental Quality Act (CEQA) the <br />recommended action is exempt from CEQA per Section 15061(b)(3). This <br />exemption applies to projects where it can be seen with certainty that <br />there is no possibility that the activity in question may have a significant <br />effect on the environment. The project proposes to allow the after-hours <br />operation and the on-premises sale of alcoholic beverages at a full-service <br />restaurant within an existing structure. There is no reasonable possibility <br />that the project will have a significant effect on the environment due to the <br />facility having the necessary infrastructure to operate the proposed use <br />and that no expansion of square footage is proposed. <br /> <br />Section 2. 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 3. The Planning Commission of the City of Santa Ana after conducting <br />the public hearing hereby approves Conditional Use Permit No. 2018-03 for the <br />alcoholic beverage control license and Conditional Use Permit No. 2018-04 to allow the <br />after-hours operation, as conditioned in Exhibit A, attached hereto and incorporated <br />herein. This decision is based upon the evidence submitted at the abovesaid hearing, <br />which includes, but is not limited to: the Request for Planning Commission Action dated <br />April 9, 2018, and exhibits attached thereto all of which are incorporated herein by this <br />reference. <br /> <br /> <br /> <br />2-10