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Resolution No. 2019-xx
<br />Page 4 of 8
<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 />uses (catering and banquet facility) that offer alcoholic
<br />beverages as part of their service provides a general well
<br />being to the neighborhood as it provides dining banquet
<br />facility options for Santa Ana residents and visitors in a much
<br />needed area of the city. Furthermore, Policy 2.9 of the Land
<br />Use Element supports developments that create a business
<br />environment that is safe and attractive. Applicable
<br />operational standards for the proposed ABC license will
<br />maintain a safe and attractive environment in the
<br />neighborhood. Finally, Policy 5.5 of the Land Use Element
<br />encourages development that is compatible with and
<br />supporting of surrounding land uses. The Estate on Second
<br />is located within the downtown district and its operation will
<br />be compatible with the surrounding commercial 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 exempt from CEQA per Section
<br />15301 – Class 1 (Existing Facilities). The request for a conditional use permit for a Type
<br />47 alcoholic beverage control (ABC) license consists of the permitting or minor alteration
<br />of an existing private structure involving negligible or no expansion of the use beyond that
<br />existing at the time of the lead agency's determination. The project proposes to allow the
<br />operation of an alcoholic beverage control license for the sale and on-premises
<br />consumption of beer, wine and distilled spirits at an existing banquet facility. Therefore,
<br />there is no reasonable possibility that the project will have a significant effect on the
<br />environment due to the facility having the necessary infrastructure to operate the
<br />proposed use and no new expansion of the existing building is proposed. Based on this
<br />analysis, a Notice of Exemption, Environmental Review No. 2019-106 will be filed for this
<br />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, and other and proceedings (whether legal,
<br />equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute
<br />resolution procedures (including, but not limited to arbitrations, mediations, and such
<br />other procedures), judgments, orders, and decisions (collectively “Actions”), brought
<br />against the City and/or any of its officials, officers, employees, agents, departments,
<br />agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set
<br />aside, void, or annul, any action of, or any permit or approval issued by the City and/or
<br />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
<br />Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other
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