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effect on the environment due to the facility having the necessary infrastructure to operate <br />the proposed use and no new expansion of the existing building is proposed. <br />Section 3. 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 4. The Planning Commission of the City of Santa Ana after conducting <br />the public hearing hereby approves Conditional Use Permit No. 2018-22, as conditioned <br />as set forth in Exhibit A, attached hereto and incorporated herein, for the alcoholic <br />beverage control license for the sale of alcohol for on -premises consumption for the <br />project located at 2709 West Westminster Avenue, Units D and E. This decision is <br />based upon the evidence submitted at the abovesaid hearing, which includes, but is not <br />limited to: the Request for Planning Commission Action dated December 10, 2018, and <br />exhibits attached thereto; and the public testimony, written and oral, all of which are <br />incorporated herein by this reference. <br />ADOPTED this 10th day of December, 2018. <br />AYES: Commissioners: CONTRERAS-LEO, MCLOUGHLIN, MENDO.- <br />NGUYEN, VERINO (5) <br />NOES: Commissioners: <br />ABSENT: Commissioners: ALDERETE (1) <br />ABSTENTIONS: Commissioners: <br />M r cLoughlin <br />Chairperson <br />APPROVED AS TO FORM: <br />Sonia R. Carvalho, City Attorney <br />Lisa Storck <br />Assistant City Attorney <br />Resolution No. 2018-37 <br />Page 4 of 6 <br />