RESO 2019-23_815, 827, 829, 907 N BRISTOL STREET (AFTER HOURS OPERATION)

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The proposed use complies with the development standards and regulations contained in Chapter 41 of the SAMC. As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on an eating establishment operating after-hours pursuant to Chapter 41 of the Santa Ana Municipal Code and Arterial Commercial (C5) zoning provisions. 5. That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use. The proposed use will not adversely affect the General Plan. The granting of this conditional use permit supports several policies contained in the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. Providing a variety of restaurants with extended hours of operation offers additional dining options for Santa Ana residents and visitors. Furthermore, Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive. Conditions of approval have been placed on this conditional use permit that will maintain a safe and attractive environment in Santa Ana. Finally, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. In- N-Out restaurant is located in a commercial area and its operation is compatible with the surrounding commercial businesses. The project is in the Bristol Street Corridor Specific Plan and is designed to meet all additional development standards designated in the Community Commercial zoning district. Section 2. In accordance with the California Environmental Quality Act, the project is exempt pursuant to CEQA Guidelines Section 15302, Class 2, Replacement or Reconstruction. This exemption applies to the replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure it replaced and will have substantially the same purpose and capacity as the structure it replaced. The proposed project would replace the existing commercial building with a building providing the same purpose and similar capacity and would be located on the same site. Based on this analysis, a Notice of Exemption, Environmental Review No. 2018-43 will be filed for this project. Section 3. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative Resolution No. 2019-23 Page 3 of 8