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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 off -premises sale of alcoholic beverages at an existing <br />neighborhood market. There is no reasonable possibility that the project will have a <br />significant effect on the environment due to the facility having the necessary infrastructure <br />to operate the proposed use and no new expansion of the existing building is proposed. <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. 2017-33 for the project <br />located at 151 East Memory Lane. This decision is based upon the evidence submitted <br />at the abovesaid hearing, which includes, but is not limited to: the Request for Planning <br />Commission Action dated February 12, 2018, and exhibits attached thereto; and the <br />public testimony, written and oral, all of which are 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 Mother's Market and Kitchen located <br />at 151 East Memory Lane will serve the "Public Convenience or Necessity' and will not <br />create a law enforcement problem and hereby instructs the Planning Division to transmit <br />this determination to the State Department of Alcoholic Beverage Control as the <br />required findings under the Santa Ana Municipal Code as well as Business and <br />Professions Code Section 23958.4. <br />ADOPTED this 121h 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 />*024= - <br />Mark McLoughlin <br />Chairperson <br />Resolution No. 2018-07 <br />Page 5 of 6 <br />