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Resolution No. 2020-24
<br />Page 3 of 8
<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 after-hours operation at this location will not
<br />adversely affect the General Plan or any specific plan. The
<br />granting of this conditional use permit supports several
<br />policies contained in the General Plan. Policy 2.2 of the
<br />Land Use Element encourages land uses that accommodate
<br />the City’s needs for goods and services. Providing a variety
<br />of restaurants with extended hours of operation offers
<br />additional dining options for Santa Ana residents and
<br />visitors. Furthermore, Policy 2.9 of the Land Use Element
<br />supports developments that create a business environment
<br />that is safe and attractive. Conditions of approval and
<br />operational standards will help maintain a safe and attractive
<br />environment. Finally, Policy 5.5 of the Land Use Element
<br />encourages development that is compatible with and
<br />supports surrounding land uses. El Rincon Mexicano
<br />restaurant is located in the Downtown sub-zone of the
<br />Transit Zoning Code (SD-84) zoning district and its operation
<br />is 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 project is categorically exempt pursuant to Section 15301
<br />of the CEQA Guidelines, Existing Facilities. This Class 1 exemption applies to the
<br />operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of
<br />existing public or private structures, facilities, mechanical equipment, or topographical
<br />features, involving negligible or no expansion of use beyond that existing at the time of
<br />the lead agency's determination. The project consists of permitting the operation of an
<br />existing business until 2:00 a.m. daily, and does not include any new building square
<br />footage. Categorical Exemption Environmental Review No. 2020-44 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, 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
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