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the City's needs for goods and services. Providing a variety <br />of restaurants that feature alcoholic beverages on their <br />menus offers additional dining options for Santa Ana <br />residents and visitors. Further, Policy 2.9 of the Land Use <br />Element supports developments that create a business <br />environment that is safe and attractive. Operational <br />standards for the proposed Type 41 ABC license will <br />maintain a safe and attractive environment. Finally, Policy <br />5.5 of the Land Use Element encourages development that <br />is compatible with and supporting of surrounding land uses. <br />El Nuevo Ensenada restaurant is occupying an existing <br />commercial building and is compatible with and supporting of <br />surrounding commercial and residential 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 structure that is already <br />served by municipal services, such as roadways, utilities, and parking. <br />Categorical Exemption Environmental Review No. 2015 -59 will be filed for <br />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. 2015 -13. 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 -27 <br />Page 3 of 4 <br />31 B -19 <br />