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is located in the Downtown and its operations will be <br />compatible with the surrounding commercial businesses. <br />G. 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 on -premise sale of <br />alcoholic beverages at a full-service restaurant within an existing structure <br />and after-hours operation. There is no reasonable possibility that the <br />project will have a significant effect on the environment due to the facility <br />having the necessary infrastructure to operate the proposed use and that <br />no expansion of square footage is proposed. Categorical Exemption <br />Environmental Review No. 2016-149 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 Planning Commission of the City of Santa Ana after conducting <br />the public hearing hereby approves Conditional Use Permit No. 2016-42 and <br />Conditional Use Permit No. 2016-43, as conditioned in Exhibit A, attached hereto and <br />incorporated herein. This decision is based upon the evidence submitted at the <br />abovesaid hearing, which includes, but is not limited to: the Request for Planning <br />Commission Action dated November 28, 2016, and exhibits attached thereto; and the <br />public testimony, all of which are incorporated herein by this reference. <br />ADOPTED this 28`" day of November, 2016 by the following vote: <br />AYES: Commissioners: Alderete, Bacerra, Bauer, Gartner, McLoughlin, Mendoza, <br />Verino (7) <br />NOES: Commissioners: None (0) <br />ABSENT: Commissioners: None (0) <br />ABSTENTIONS: Commissioners: None (0) <br />Resolution No. 2016-46 <br />Page 5 of 7 <br />31 F-20 <br />