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Resolution No. 2021-12
<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.
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<br />The sale of alcoholic beverages for on-premises consumption
<br />at the subject location will not adversely affect the General
<br />Plan or any specific plan. The granting of CUP No. 2021-04
<br />supports several policies contained in the General Plan.
<br />Policy 2.2 of the Land Use Element encourages land uses
<br />that accommodate the City’s needs for goods and services.
<br />Providing a variety of full-service eating establishments that
<br />provide alcoholic beverages as part of their menu offers
<br />additional dining options for Santa Ana residents and visitors.
<br />Furthermore, Policy 2.9 of the Land Use Element supports
<br />developments that create a business environment that is safe
<br />and attractive. Operational standards for the proposed ABC
<br />license will maintain a safe and attractive environment in the
<br />neighborhood. Policy 5.5 of the Land Use Element
<br />encourages development that is compatible with and
<br />supporting of surrounding land uses. Euro Caffe restaurant is
<br />located within a multi-tenant commercial center and its
<br />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 project is categorically exempt fr om 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 the operation of an ABC license to sell beer
<br />and wine at a bona-fide restaurant. Based on this analysis, a Notice of Exemption,
<br />Environmental Review No. 2021-15, will be filed for this project.
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<br />Section 3. The Applicant shall indemnify, protect, defend and hold the City and/or
<br />any of its officials, officers, employees, agents, departments, agencies, authorized
<br />volunteers, and instrumentalities thereof, harmless from any and all claims, demands,
<br />lawsuits, writs of mandamus, referendum, and other 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, off icers, 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 Act,
<br />California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map
<br />Act, Code of Civil Procedure sections 1085 or 1094.5 , or any other federal, state or local
<br />constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court
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