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The proposed sale of alcoholic beverage for on -premise <br />consumption at this location will not adversely affect the <br />General Plan. The granting of this conditional use permit <br />supports several policies contained in the General Plan. <br />Policy 2.2 of the Land Use Element encourages land uses <br />that accommodate the City's needs for goods and services. <br />Providing a variety of full-service restaurants that feature <br />alcoholic beverages on their menus offers additional dining <br />options for Santa Ana residents and visitors. Finally, Policy <br />5.5 of the Land Use Element encourages development that <br />is compatible with and supporting of surrounding land uses. <br />Pizza Hut will be located in a commercial area and its <br />operation will be compatible with the surrounding <br />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 on -premise sale of <br />alcoholic beverages at a full-service restaurant within an existing structure. <br />It has been found by the City's development review agencies that the use <br />will not create any adverse impacts such as noise, traffic, or safety <br />concerns. The cumulative impact of this project will not be significant as <br />the use will be complimentary with the nearby commercial uses in the <br />area. There is no reasonable possibility that the project will have a <br />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. 2016-127 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. 2016-39. This decision <br />is based upon the evidence submitted at the abovesaid hearing, which includes, but is <br />not limited to: the Request for Planning Commission Action dated November 14, 2016, <br />and exhibits attached thereto; and the public testimony, all of which are incorporated <br />herein by this reference; the Request for Planning Commission Action dated November <br />28, 2016, and exhibits attached thereto; and the public testimony, all of which are <br />incorporated herein by this reference. <br />Resolution No. 2016-44 <br />Page 3 of 4 <br />