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visitors, especially those to area, which continues to develop <br />as a dining, entertainment, and retail destination with <br />regional significance. Furthermore, Policy 2.8 of the Land <br />Use Element promotes the rehabilitation of commercial <br />properties, and encourages increased levels of capital <br />investment. Further, Policy 2.9 of the Land Use Element <br />supports developments that create a business environment <br />that is safe and attractive. Operational standards for the <br />proposed off -premise ABC license will maintain a safe and <br />attractive environment at the shopping center. Retail <br />establishments and regulated uses such as Alcoholic <br />Beverage Control (ABC) licenses are permitted within the <br />General Commercial (GC) General Plan land use <br />designation. The project is consistent with Goals 2 and 5 of <br />the Land Use Element of the City's General Plan which <br />promote land uses that enhance the City's economic and <br />fiscal viability and that mitigate any potential impacts. Finally, <br />Policy 5.5 of the Land Use Element encourages <br />development that is compatible with and supporting of <br />surrounding land uses. Aldi grocery store is currently <br />located in a commercial area and its operations will be <br />compatible with the surrounding commercial businesses. <br />E. In accordance with the California Environmental Quality Act (CEQA) the <br />recommended action is exempt from CEQA per Section 15061(b)(3). This <br />exemption applies to projects where it can be seen with certainty that there <br />is no possibility that the activity in question may have a significant effect on <br />the environment. The project proposes to allow the off -premise sale of <br />alcoholic beverages at a full-service supermarket within an existing <br />structure. It has been found by the City's development review agencies <br />that the use will not create any adverse impacts such as noise, traffic, or <br />safety concerns. The cumulative impact of this project will not be <br />significant as the use will be complimentary with the nearby commercial <br />uses in the area. There is no reasonable possibility that the project will <br />have a significant effect on the environment due to the facility having the <br />necessary infrastructure to operate the proposed use. Categorical <br />Exemption Environmental Review No. 2016-123 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. 2016-40 <br />Page 3 of 4 <br />