RESO 2016-32_515 N Main St (McFadden Public Market)

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conditional use permit also contributes to the development of Downtown Santa Ana as a regional destination. Furthermore, Policy 2.8 of the Land Use Element promotes the rehabilitation of commercial properties, and encourages increased levels of capital investment. The tenant improvements underway, as well as the long-term maintenance of this historic building, which holds "Key" status on the local register of historic buildings leads to the length of service this historic building may provide. Further, Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive. Conditions of approval have been placed on the proposed ancillary indoor entertainment that will maintain a safe and attractive environment in Downtown Santa Ana. Complementing this, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. The facility will be located in a commercial area and its operations will complement and be compatible with the surrounding commercial businesses. Section 2. In accordance with the California Environmental Quality Act the recommended action is exempt from further review per Section 15301. The Class 1 exemption allows the operation, repair, maintenance, permitting, leasing or minor alteration of existing structures with negligible or no expansion of use beyond that existing. The project is an existing structure which is adding the ancillary use of indoor commercial recreation. Categorical Exemption Environmental Review No. 2016-61 will be filed for this project. Section 3. 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 4. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2016-22, as conditioned as set forth in Exhibit A attached hereto and incorporated herein by reference, for the property located at 515 North Main 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 July 25, 2016 and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. Resolution No. 2016-32 Page 3 of 7