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<br />
<br />Resolution No. 2021-10
<br />Page 3 of 9
<br />and regulations to ensure that the use does not impact
<br />neighboring properties or create an attractive nuisance.
<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 operations at this location will not
<br />adversely affect the General Plan or any specific plan. The
<br />granting of CUP No. 2021-06 supports several policies
<br />contained in the General Plan. Policy 2.2 of the Land Use
<br />Element encourages land uses that accommodate the City’s
<br />needs for goods and services. Providing a variety of eating
<br />establishments with extended hours of operation offers
<br />additional dining options to Santa Ana residents and visitors.
<br />Furthermore, Policy 2.9 supports developments that create a
<br />business environment that is safe and attractive. Conditions of
<br />approval will help maintain a safe and attractive environment.
<br />Lastly, Policy 5.5 encourages development that is compatible
<br />with and supporting of surrounding land uses. La K-Trina is
<br />located along a major arterial and is surrounded by other
<br />commercial businesses and restaurants that provided similar
<br />services and its operations will be compatible with the
<br />surrounding 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 1 – Existing Facilities). Class 1 exemption applies to the operation,
<br />repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or
<br />private structures, facilities, mechanical equipment, or topographical features, involving
<br />negligible or no expansion of use beyond that existing at the time of the lead agency's
<br />determination. The project proposes to allow after-hours operations until 2:00 a.m. at an
<br />existing restaurant. Based on this analysis, a Notice of Exemption, Environmental Review
<br />No. 2021-24, 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
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