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service for a new restaurant encourages and promotes development of services important to the residents and workers in the area. Furthermore, Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive. Design comments have been addressed to help make the proposed drive - through window service a safe and attractive amenity to the restaurant and the site. Finally, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. The drive - through window service being provided for the new restaurant will assist in addressing the needs of dining services to those working in the immediate area and will provide employment opportunities to the residents that live in the area. E. In accordance with the California Environmental Quality Act (CEQA) the recommended action is exempt from CEQA per Section 15303. This Class 3 exemption allows small construction projects or buildings in urban areas up to 10,000 square feet in size, not involving the use of significant amount of hazardous substances where all necessary public services and facilities are available. The cumulative impact of this project will not be significant as the use will be complementary with the nearby commercial uses in the area. Additionally, it has been identified that the development of the site will not adversely impact the environment, any designated scenic highways, or sites which have been identified to contain hazardous waste. Categorical Exemption Environmental Review No. 2015 -15 will be filed for this project. 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 -44 and 2017 -06 as conditioned in Exhibit A, attached hereto and incorporated herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated March 27, 2017, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Resolution No. 2017 -10 Page 5 of 7 75B -34