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of land uses to address basic community needs and which <br />enhance the City's economic and fiscal viability. In addition, <br />the project is consistent with Policy 2.2 of the Land Use <br />Element, which supports commercial uses that accommodate <br />the City's needs for goods and services. Furthermore, Policy <br />2.8 of the Land Use Element promotes the rehabilitation of <br />commercial properties, and encourages increased levels of <br />capital investment. Significant tenant and site improvements <br />will occur on the site that will enhance the overall appearance <br />of the center, thereby resulting in an increase in investment on <br />the site. Finally, Policy 5.5 of the Land Use Element <br />encourages development that is compatible with and <br />supporting of surrounding land uses. The proposed restaurant <br />uses will be located in a commercial area and their operations <br />will be compatible with the surrounding commercial <br />businesses. <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. The project consists of the re -tenanting of <br />existing retail tenant spaces within a commercial center. No expansion of <br />square footage or interior reconfigurations of existing square footage is <br />proposed as part of the project. The proposed restaurant tenants have <br />been found by the City's development review agencies to not create any <br />adverse impacts. The restaurant uses are proposed to be located on a <br />site that is not designated by federal, state, or local agencies to be an <br />environmental resource of hazardous or critical concern. The cumulative <br />impact of this project will not be significant as the property is already <br />served by roads and utilities, and will not create any adverse impacts such <br />as noise, traffic, or safety concerns. There is no reasonable possibility <br />that the project will have a significant effect on the environment due to <br />unusual circumstances. The project is not located within a highway <br />officially designated as a state scenic highway and will not result in <br />damage to scenic resources. The project is not located on a site which is <br />included on any list compiled pursuant to Section 65962.5 of the <br />Government Code. Lastly, the project is not proposed on a site that is <br />considered a historical resource or that is listed in the Santa Ana Register <br />of Historic Properties. As a result, Categorical Exemption Environmental <br />Review No. 2015-125 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 />Resolution No. 2016-33 <br />Page 3 of 5 <br />