RESO 2017-11_1801 S Main Street Unit E

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and a half (1.5) mile radius of the property to serve residents and the community. 2. That the proposed use will, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The sale of distilled spirits for on -premise consumption at this location will impact the safety and general welfare of persons residing or working in the vicinity. The Police Department reported twenty (20) field activity incidents and one (1) reportable disturbance at the location within the last year (365 days). The subject site is immediately adjacent to residential uses and neighborhoods; at the public hearing five (5) residents, several representing neighborhood associations, expressed concerns of safety and welfare. F. In regard to Conditional Use Permit findings 3, 4 and 5 of Section 41-638 of the Santa Ana Municipal Code, the Planning Commission makes no specific findings. The findings relate to compliance with the regulations and conditions specified in Chapter 41 for on -sale establishments, economic stability of the properties surrounding the area, and affect on the General Plan. G. In accordance with the California Environmental Quality Act (CEQA) the recommended action is exempt from CEQA per Section 15061(b)(4) as the Planning Commission denied Conditional Use Permit 2017-03. 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 denial of this project, and any denials associated with the project 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 denies Conditional Use Permit No. 2017-03 for the project located at 1801 South Main Street, Unit E. 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, written and oral, all of which are incorporated herein by this reference. ADOPTED this 27th day of March, 2017. Resolution No. 2017-11 Page 2 of 3