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supporting of surrounding land uses. C4 Deli is located in the <br />Downtown and its operations will be compatible with the <br />surrounding commercial businesses. <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 after-hours operation and the banquet facility at a full-service <br />restaurant within an existing structure. There is no reasonable possibility that the project <br />will have a significant effect on the environment due to the facility having the necessary <br />infrastructure to operate the proposed use and that no expansion of square footage of <br />the 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 modification to Conditional Use Permit No. 2013-02 <br />as conditioned in Exhibit A, attached hereto and incorporated herein, and modification <br />to Conditional Use Permit No. 2013-07, as conditioned in Exhibit B, attached hereto and <br />incorporated herein. This decision is based upon the evidence submitted at the <br />abovesaid hearing, which includes, but is not limited to: the Request for Planning <br />Commission Action dated December 11, 2017, and exhibits attached thereto all of <br />which are incorporated herein by this reference. <br />ADOPTED this 11`h day of December, 2017 by the following vote: <br />AYES: Commissioners: BACERRA, MCLOUGHLIN, MENDOZA, NGUYEN (4)` <br />NOES: Commissioners: ALDERETE, CONTRERAS-LEO, VERINO (3)' <br />ABSENT: Commissioners: <br />ABSTENTIONS: Commissioners: <br />4?nA"-� <br />M4W McLoughlin <br />Chairperson <br />Resolution No. 2017-42 <br />Page 5 of 8 <br />