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r <br />The project proposes to continue to allow the on -premise sale of alcoholic beverages at <br />a full-service restaurant within an existing structure. It has been found by the City that <br />the use will not create any adverse impacts such as noise, traffic, or safety concerns. <br />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. Categorical <br />Exemption Environmental Review No. 2011-32 will be 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 modification to Conditional Use Permit No. 2011-09 <br />as conditioned in "Exhibit A" attached hereto and incorporated herein for the project <br />located at 3701 West McFadden Avenue, Units G, H, I, and J. This decision is based <br />upon the evidence submitted at the abovesaid hearing, which includes, but is not limited <br />to: the Request for Planning Commission Action dated December 11, 2017, and exhibits <br />attached thereto; and the public testimony, oral and written, all of which are <br />incorporated herein by this reference. <br />ADOPTED this 11th day of December, 2017 by the following vote: <br />AYES: Commissioners: ALDERETE, BACERRA, CONTRERAS-LEO, <br />MCLOUGHLIN, MENDOZA, NGUYEN, VERINO (7) <br />NOES: Commissioners: <br />ABSENT: Commissioners: <br />ABSTENTIONS: Commissioners: <br />AN <br />G� <br />Mark -McLoughlin <br />Chairperson <br />Resolution No. 2017-41 <br />Page 4 of 6 <br />