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5. That the proposed use will not adversely affect the General Plan of
<br />the city or any specific plan applicable to the area of the proposed
<br />use.
<br />The proposed sale of alcoholic beverages for on -premises
<br />consumption at this location will not adversely affect the
<br />General Plan or any specific plan. The granting of this
<br />conditional use permit supports several policies contained in
<br />the General Plan. Policy 2.2 of the Land Use Element
<br />encourages land uses that accommodate the City's needs
<br />for goods and services. Providing a variety of full -service
<br />restaurants that provide alcoholic beverages as part of their
<br />menu offers additional dining options for Santa Ana
<br />residents and visitors. Furthermore, Policy 2.9 of the Land
<br />Use Element supports developments that create a business
<br />environment that is safe and attractive. Operational standards
<br />for the proposed ABC license will maintain a safe and
<br />attractive environment in the neighborhood. Policy 5.5 of the
<br />Land Use Element encourages development that is
<br />compatible with and supporting of surrounding land uses.
<br />Rafael's Pizza is located within a commercial center and its
<br />operation is compatible with the surrounding commercial
<br />businesses.
<br />Section 2. In accordance with the California Environmental Quality Act (CEQA)
<br />and the CEQA Guidelines, the recommended action is exempt from CEQA per Section
<br />_15061(b)(3). This exemption applies to projects where it can be seen with certainty that
<br />there is no possibility that the activity in question may have a significant effect on the
<br />environment. The project proposes to allow the on -premises sale of alcoholic beverages
<br />at a full -service restaurant. 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 />Based on this analysis, a Notice of Exemption, Environmental Review No. 2019-83, will
<br />be filed for this project.
<br />Section 3. The Applicant shall indemnify, protect, defend and hold the City
<br />and/or any of its officials, officers, employees, agents, departments, agencies,
<br />authorized volunteers, and instrumentalities thereof, harmless from any and all claims,
<br />demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether
<br />legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative
<br />dispute resolution procedures (including, but not limited to arbitrations, mediations, and
<br />such other procedures), judgments, orders, and decisions (collectively "Actions"),
<br />brought against the City and/or any of its officials, officers, employees, agents,
<br />departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to
<br />modify, set aside, void, or annul, any action of, or any permit or approval issued by the
<br />City and/or any of its officials, officers, employees, agents, departments, agencies, and
<br />instrumentalities thereof (including actions approved by the voters of the City) for or
<br />concerning the project, whether such Actions are brought under the Ralph M. Brown
<br />Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision
<br />Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or
<br />Resolution No. 2019-46
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