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#36023v2 Resolution No. 2020-xx
<br />Page 3 of 7
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<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 CUP No.
<br />2020-12 supports several policies contained in the General
<br />Plan. Policy 2.2 of the Land Use Element encourages land
<br />uses that accommodate the City’s needs for goods and
<br />services. Providing a variety of full-service eating
<br />establishments that offer alcoholic beverages as part of their
<br />menu provides 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 />Raising Claw is located within a multi-tenant commercial
<br />shopping center and its operation is compatible with the
<br />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 from further review per
<br />Section 15301 (Class – Existing Facilities). The 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 proposes to allow the operation of a bona
<br />fide restaurant with an alcoholic beverage control license to sell beer and wine with no
<br />expansion of use. Based on this analysis, a Notice of Exemption, Environmental Review
<br />No. 2020-14, 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
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