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the project is consistent with Policy 2.2 of the Land Use <br />Element, which encourages land uses that accommodate <br />the City’s needs for goods and services. The granting of this <br />application is also consistent with Policy 5.5 of the Land Use <br />Element of the General Plan, which encourages projects that <br />are compatible with and supporting of surrounding land <br />uses. El Cortijo Grill Restaurant is located in a commercial <br />area and its operations will be compatible with the <br />surrounding commercial businesses. <br />H. 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 there <br />is no possibility that the activity in question may have a significant effect on <br />the environment. The project proposes to allow the on-premises sale of <br />beer, wine, and distilled spirits at a full-service restaurant within an existing <br />structure. Categorical Exemption Environmental Review No. 2016-94 will <br />be filed for this project. <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. 2016-32. This decision <br />is based upon the evidence submitted at the abovesaid hearing, which includes, but is <br />not limited to: the Request for Planning Commission Action dated April 23, 2018, and <br />exhibits attached thereto; and the public testimony, all of which are incorporated herein <br />by this reference. <br />ADOPTED this 23rd day of April, 2018 by the following vote: <br /> <br /> <br />AYES: Commissioners: <br />NOES: Commissioners: <br />ABSENT: Commissioners: <br />ABSTENTIONS: Commissioners: <br /> <br /> _______________________ <br /> Mark McLoughlin <br /> Chairperson <br />3-10