RESO 2016-35_2626 N Bristol St #B (7-Eleven After Hrs)

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project remains in compliance with all applicable codes and regulations related to 24-hour operation to ensure that the use does not impact neighboring properties or create an attractive nuisance. 5. That the proposed use will not adversely affect the General Plan of the City or any specific plan applicable to the area of the proposed use. The proposed project will not adversely affect the General Plan. Retail establishments and 24-hour operations are permitted within the General Commercial (GC) General Plan land use designation. The project is consistent with Goals 2 and 5 of the Land Use Element of the City's General Plan which promote land uses that enhance the City's economic and fiscal viability and that mitigate any potential impact crimes such as loitering, disturbing the peace, graffiti and other crimes that impact surrounding businesses and residential neighborhoods. The granting of this application is also consistent with Polices 5.1 and 5.5 of the Land Use Element of the General Plan, which encourage projects that are compatible with surrounding land uses. The project's proximity to residential properties to the west and south will be mitigated by an eight -foot -high block wall. E. In accordance with the California Environmental Quality Act, the recommended action is exempt for further review per Section 15061(b)(3), which is a general rule exemption applying to projects that have no possibility of having a significant impact on the environment. General Rule Exemption Environmental Review No. 2015-83 will be filed for this project. The project proposes to allow the 24-hour operation of a retail market in an existing structure. No expansion of square footage or modification to the exterior of the building is proposed. Therefore, it can be seen with certainty that there is no possibility that the activity in question will have a significant effect on the environment. 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. 2016-12 as conditioned in Exhibit A, attached hereto and incorporated herein, for the project located at 2626 North Bristol Street, Unit B. This decision is based upon the evidence submitted at the Resolution No. 2016-35 Page 3 of 7