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Resolution No. 2018-xx Page 3 of 5 The granting of this conditional use permit and will not adversely affect the General Plan. The proposed after-hours operations at this location is consistent with several goals and policies of the General Plan. Goal 2 and Goal 5 of the Land Use Element promotes land uses that enhance the City’s economic and fiscal viability and mitigate any potential impacts to the surrounding community. The proposed after- hours use is also consistent with Policy 2.2, 2.6 and 5.5 of the Land Use Element which encourages land uses that accommodate the City’s needs for goods and services and the creation of new employment opportunities in developments which are compatible with the surrounding land uses. IHOP is located in an integrated commercial shopping center within a General Commercial (C2) land use designation and is thus compatible with the surrounding uses. The proposed after-hours use also provides a broader range of customers with a service and offers employment opportunity throughout the extended hours. 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 after-hours operation. 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. 2018-06 as conditioned for the project located at 2407 South Bristol Street. 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 June 11, 2018, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 11th day of June, 2018. AYES: Commissioners: 2-7