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The proposed sale of alcoholic beverages 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 provide <br />alcoholic beverages as part of their menu offers additional <br />dining options for Santa Ana residents and visitors. Finally, <br />Policy 5.5 of the Land Use Element encourages <br />development that is compatible with and supporting of <br />surrounding land uses. EI Calamar is located in a <br />ommemial—area— and—its--eper-ation—is eompatibte with the <br />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 on -premise sale of <br />alcoholic beverages at a full-service restaurant. There is no reasonable <br />possibility that the project will have a significant effect on the environment <br />due to the facility having the necessary infrastructure to operate the <br />proposed use and that no expansion of square footage is proposed. <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 modification to Conditional Use Permit No. 2005-29 <br />as conditioned in Exhibit "A" attached hereto and incorporated herein for the project <br />located at 315 West Seventeenth Street. This decision is based upon the evidence <br />submitted at the abovesaid hearing, which includes, but is not limited to: the Request <br />for Planning Commission Action dated February 27, 2017, and exhibits attached <br />thereto; and the public testimony, written and oral, all of which are incorporated herein <br />by this reference. <br />Resolution No. 2017-04 <br />Page 3 of 5 <br />