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regarding the conditional use permit and letter of public <br />convenience or necessity applications. <br />Section 2. In accordance with the California Environmental Quality Act (CEQA) <br />the recommended action is exempt from CEQA per Section 15061(b)(3). This exemption <br />applies to projects where it can be seen with certainty that there is no possibility that the <br />activity in question may have a significant effect on the environment. The project <br />proposes to allow the sale of alcoholic beverages for off-site consumption within an <br />existing building. General Rule Exemption/Environmental Review No. 2017-117 will be <br />filed for this project. <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. 2017-26 for the project <br />located at 2 Hutton Center Drive, Units 101 and 102. This decision is based upon the <br />evidence submitted at the abovesaid hearing, which includes, but is not limited to: the <br />Request for Planning Commission Action dated February 12, 2018, and exhibits <br />attached thereto; and the public testimony, written and oral, all of which are <br />incorporated herein by this reference. <br />Section 5. The Planning Commission of the City of Santa Ana does hereby <br />determine that the issuance of an ABC license to Sy Choihan Market and Deli located at <br />2 Hutton Center Drive, Units 101 and 102, will serve the "Public Convenience or <br />Necessity" and will not create a law enforcement problem and hereby instructs the <br />Planning Division to transmit this determination to the State Department of Alcoholic <br />Beverage Control as the required findings under the Santa Ana Municipal Code as well <br />as Business and Professions Code Section 23958.4. <br />ADOPTED this 12`h day of February, 2018. <br />AYES: Commissioners: ALDERETE, BACERRA, CONTRERAS-LEO, <br />MCLOUGHLIN, MENDOZA, NGUYEN, VERINO (7) <br />NOES: Commissioners: None. <br />ABSENT: Commissioners: None. <br />ABSTENTIONS: Commissioners: None. <br />Resolution No. 2018-06 <br />Page 6 of 7 <br />