31A - CUP - 305 E 4TH ST SUITE 105

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commercial corridor and is compatible with surrounding land uses. A restaurant with after-hours operations provides a dining service to the residents of Santa Ana. The proposed use will provide a service or facility which will contribute to the general well-being of the neighborhood or community. The proposed after-hours operation will provide an ancillary service to the restaurant customers by allowing them the ability to offer meals after 12:00 midnight, thereby providing an additional dining option within the downtown area. This will benefit the community by providing a restaurant with an additional and complementary food -related amenity. The after-hours operation is consistent with that of other restaurants in the downtown and offers customers another late night dining alternative. Conditions have been placed on the after-hours permit that will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. H. In accordance with the California Environmental Quality Act the recommended action is exempt for further review per Section 15061(b)(3) because there is a certainty that the activity in question will not have a significant effect on the environment. Categorical Exemption Environmental Review No. 2016-30 will be filed for this project. Section 2. The applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this project, and any approvals associated with the project, including, without limitation, any environmental review or approval, except to the extent caused by the sole negligence of the City of Santa Ana, Section 3. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2016-05 as conditioned in Exhibit "A" attached hereto and incorporated herein, and Conditional Use Permit No. 2016-15 as conditioned in Exhibit "B" attached hereto and incorporated herein for the property located at 305 East Fourth Street. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Request for Planning Commission Action dated April 11, 2016, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. Resolution No. 2016-xx Page 5 of 9 31A-22