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Use Element supports developments that create a business <br />environment that is safe and attractive. Operational standards <br />for the proposed ABC license will maintain a safe and <br />attractive environment in the neighborhood. Policy 5.5 of the <br />Land Use Element encourages development that is <br />compatible with and supporting of surrounding land uses. <br />Cafe Cultural is located within a commercial center and its <br />operation is compatible with the surrounding commercial <br />businesses. <br />Section 2. In accordance with the California Environmental Quality Act (CEQA) <br />and the CEQA Guidelines, the recommended action is exempt from CEQA per Section <br />15061(b) (3). This 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 effect on the <br />environment. The project proposes to allow the on -premises sale of alcoholic beverages <br />at a full -service restaurant and minor interior tenant improvements. There is no <br />reasonable possibility that the project will have a significant effect on the environment due <br />to the facility having the necessary infrastructure to operate the proposed use and no new <br />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. 2019-09 as conditioned <br />for the alcoholic beverage control license for the sale of alcoholic beverages for on - <br />premises consumption (Type 41 — Beer and Wine) for the project located at 324 West <br />Fourth Street, Units A and B, as conditioned in Exhibit A, attached hereto and <br />incorporated herein. This decision is based upon the evidence submitted at the above <br />said hearing, which includes, but is not limited to: the Request for Planning Commission <br />Action dated March 25, 2019, and exhibits attached thereto; and the public testimony, <br />written and oral, all of which are incorporated herein by this reference. <br />'Signature Page Follows' <br />Resolution No. 2019-14 <br />Page 4 of 7 <br />