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policies contained in the General Plan. Policy 2.2 of the <br />Land Use Element encourages land uses that accommodate <br />the City's needs for goods and services. A restaurant that <br />feature alcoholic beverages on its menu offers additional <br />dining options for Santa Ana residents and visitors and <br />strengthens the economic vitality of the non - conforming <br />commercial uses along Fifth Street. Further, Policy 2.9 of <br />the Land Use Element supports developments that create a <br />business environment that is safe and attractive. <br />Operational standards for the proposed Type 41 ABC <br />license will maintain a safe and attractive environment. <br />Finally, Policy 5.5 of the Land Use Element encourages <br />development that is compatible with and supporting of <br />surrounding land uses. <br />E. In accordance with the California Environmental Quality Act the <br />recommended action is exempt for further review per Section 15301. The <br />Class 1 exemption allows the operation, repair, maintenance, permitting, or <br />leasing of existing structures involving negligible or no expansion of the <br />existing use. The proposed application is to approve a conditional use permit <br />to allow the sale of beer and wine within an existing commercial building that <br />is already served by municipal services, such as roadways, utilities, and <br />parking. Categorical Exemption Environmental Review No. 2013 -61 will be <br />filed for this project. <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 negligence of the <br />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. 2013 -27. 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 August 10, 2015, and <br />exhibits attached thereto; and the public testimony, all of which are incorporated herein <br />by this reference. <br />Resolution No. 2015 -26 <br />Page 3 of 4 <br />