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The proposed use will adversely affect the General Plan. <br />Land Use Element Policy 2.5 supports balancing economic <br />and fiscal benefits of commercial development with impacts <br />on the quality of life in the City. The proposed use will <br />negatively impact the surrounding community by creating <br />detrimental parking impacts and congestion. Because no <br />additional parking options are available on site, the project <br />does not support Policy 2.10, which supports new <br />development that is harmonious in scale and character with <br />existing development in the area. In addition, the proposed <br />applications do not support numerous policies in Goal 5 of <br />the Land Use Element, to ensure that the impacts of <br />development are mitigated. These include: Policy 5.2, to <br />protect the community from incompatible land uses; Policy <br />5.5, to encourage development that is compatible with <br />surrounding land uses; and Policy 5.7, to anticipate that the <br />intensity of new development does not exceed available <br />infrastructure capacity. <br />E. In accordance with the California Environmental Quality Act (CEQA) the <br />recommended action is not subject to CEQA as staff is recommending <br />denial of both the CUP and variance applications. If the project is denied, no <br />further CEQA analysis will be required. <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 sole negligence of <br />the City of Santa Ana. <br />Section 3. The Planning Commission of the City of Santa Ana after conducting <br />the public hearing hereby denies Conditional Use Permit No. 2016-13 and Variance No. <br />2016-03 for the project located at 1002 East Seventeenth Street, Unit M. 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 May 9, 2016, and <br />exhibits attached thereto and the public testimony, written and oral, all of which are <br />incorporated herein by this reference. <br />Resolution No. 2016-20 <br />Page 6 of 7 <br />