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<br />Resolution No. 2021-14
<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 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 />2021-07 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 provide alcoholic beverages as part of
<br />their menu offers 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 />Avatar Coffee Roasters is located within a mixed-use building
<br />and its operation is compatible with the surrounding
<br />residential use and 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 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 alcoholic beverage
<br />control license to sell alcoholic beverages at a bona-fide eating establishment. Based on
<br />this analysis, a Notice of Exemption, Environmental Review No. 2021-41, will be filed for
<br />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, 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
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