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Resolution No. 2019-xx
<br />Page 3 of 6
<br />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 />eating establishments that provide alcoholic beverages as
<br />part of their menu offers additional dining options for Santa
<br />Ana residents and visitors. Furthermore, Policy 2.9 of the
<br />Land Use Element supports developments that create a
<br />business environment that is safe and attractive. Operational
<br />standards for the proposed ABC license will maintain a safe
<br />and attractive environment in the neighborhood. Policy 5.5 of
<br />the Land Use Element encourages development that is
<br />compatible with and supporting of surrounding land uses.
<br />Hopper and Burr is located within the city’s Downtown and
<br />its operation is compatible with the surrounding commercial
<br />businesses.
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<br />Section 2. In accordance with the California Environmental Quality Act (CEQA)
<br />and the CEQA Guidelines, the recommended action is categorically exempt from CEQA
<br />per Section 15301 (Existing Facilities) which consists of the operation, repair,
<br />maintenance, permitting, leasing, licensing, or minor alteration of existing public or private
<br />structures, facilities, mechanical equipment, or topographical features, involving negligible
<br />or no expansion of use beyond that existing at the time of the lead agency's
<br />determination. The project proposes to allow the on-premises sale of alcoholic beverages
<br />at a full-service restaurant. Based on this analysis, a Notice of Exemption, Environmental
<br />Review No. 2019-99, will be filed for this project.
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<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 />local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a
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