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5. That the proposed use will not adversely affect the General Plan of <br />the city or any specific plan applicable to the area of the proposed <br />use. <br />The proposed use will not adversely affect the General Plan. <br />Supermarkets that offer alcoholic beverages for off -premise <br />consumption are permitted within the General Commercial <br />(GC) General Plan land use designation. The project is <br />consistent with Goals 2 and 5 of the Land Use Element of <br />the City's General Plan which promote land uses that <br />enhance the City's economic and fiscal viability and that <br />mitigate any potential impact crimes such as loitering, <br />disturbing the peace, graffiti and other crimes that impact <br />surrounding businesses and residential neighborhoods. <br />Further, the project is consistent with Policy 2.2 of the Land <br />Use Element, which encourages land uses that <br />accommodate the City's needs for goods and services. The <br />granting of this application is also consistent with Policy 5.5 <br />of the Land Use Element of the General Plan, which <br />encourages projects that are compatible with surrounding <br />land uses. The use will be located within a neighborhood - <br />serving commercial center and its operations will be <br />compatible with the surrounding commercial businesses. <br />F. In accordance with the California Environmental Quality Act, the <br />recommended action is exempt for further review per Section 15061(b)(3), <br />which is a general rule exemption applying to projects that have no <br />possibility of having a significant impact on the environment. General Rule <br />Exemption Environmental Review No. 2016-58 will be 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 sole negligence of <br />the City of Santa Ana. <br />Section 3. The City Council of the City of Santa Ana after conducting the public <br />hearing hereby approves Conditional Use Permit No. 2016-21 for the project located at <br />2741 West MacArthur Boulevard. This decision is based upon the evidence submitted <br />at the abovesaid hearing, which includes, but is not limited to: the Request for Council <br />Action dated June 21, 2016, and exhibits attached thereto; and, the public testimony, <br />written and oral, all of which are incorporated herein by this reference. <br />Resolution No. 2016-055 <br />Page 3 of 4 <br />