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• F. In accordance with the California Environmental Quality Act the <br />recommended action is exempt from further review per Section 15301, <br />Class 1, because it is an action in conformance with all city codes and <br />requirements. Categorical Exemption Review No. 2012-28 will be filed for <br />this project. <br />Section 2. The Planning Commission of the City of Santa Ana, after <br />conducting the public hearing, hereby approves Conditional Use Permit No. 2012-11 as <br />conditioned in Exhibit A attached hereto and incorporated as though fully set forth <br />herein and Conditional Use Permit No. 2012-13 as conditioned in Exhibit B attached <br />hereto and incorporated as though fully set forth herein. This decision is based upon <br />the evidence submitted at the abovesaid hearing, which includes but is not limited to: <br />the Request for Planning Commission Action dated August 27, 2012 and exhibits <br />attached thereto; the Request for Planning Commission Action dated September 10, <br />2012 and exhibits attached thereto; and the public testimony, all of which are <br />incorporated herein by this reference. <br />ADOPTED this 10th day of September 2012 by the following vote: <br />Confirmed the Zoning Administrator's action approving Conditional Use Permit No. <br />2012-12 to upgrade a Type 41 ABC license to a Type 47 ABC license as conditioned. <br />The Planning Commission modified the conditions of approval to remove the cover <br />• charge as defined in Chapter 41 of the Santa Ana Municipal Code (SAMC) as related to <br />entertainment. <br />AYES: Commissioners: Acosta, Gartner, Mill, Nalle, Turner (5) <br />NOES: Commissioners: Yrarrazaval (1) <br />ABSENT: Commissioners: Alderete (1) <br />ABSTENTIONS: Commissioners: None (0) <br />Approved Conditional Use Permit No. 2012-11 to allow the restaurant's hours of <br />operation to extend to 2:00 a.m. as conditioned. SAPID McCoy modified Police <br />conditions of approval on Conditional Use Permit No. 2012-11 Exhibit A, Items 4 <br />(ambient music) and Item 13 (no entertainment) and removed cover charge as defined <br />in Chapter 41 of the SAMC as related to entertainment. <br />AYES: <br />Commissioners: <br />Acosta, Gartner, Mill, Nalle, Turner, Yrarrazaval (6) <br />NOES: <br />Commissioners: <br />None (0) <br />ABSENT: <br />Commissioners: <br />Alderete (1) <br />is ABSTENTIONS: Commissioners: None (0) <br />Resolution No. 2012-08 <br />Page 4 of 10 <br />