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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 feature <br />alcoholic beverages on their menus offers additional dining <br />options for Santa Ana residents and visitors. Policy 5.5 of <br />the Land Use Element encourages development that is <br />compatible with and supporting of surrounding land uses. EI <br />Rincon Mexicano is located in a commercial building and its <br />operation is compatible with the surrounding commercial <br />businesses. <br />Section 2 In accordance with the California Environmental Quality Act <br />(CEQA) the 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 is no <br />possibility that the activity in question may have a significant effect on the environment. <br />The project proposes to allow the on -premise sale and consumption of alcoholic <br />beverages at a full-service restaurant within an existing structure. It has been found by <br />the City that the use 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 the use will be <br />complementary with the nearby commercial uses in the area. There is no reasonable <br />possibility that the project will have a significant effect on the environment due to the <br />facility having the necessary infrastructure to operate the proposed use. <br />Section 3. 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 4. The Planning Commission of the City of Santa Ana after conducting <br />the public hearing hereby approves Conditional Use Permit No. 2017-36. 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 January 22, 2018, <br />and exhibits attached thereto; and the public testimony, written and oral, all of which are <br />incorporated herein by this reference. <br />Resolution No. 2018-03 <br />Page 3 of 4 <br />