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jmf 1/26/21 <br />Resolution No. 2021-XXX <br />Page 3 of 7 <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 />2020-23 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 />Sushi 21 Express is located within a multi-tenant commercial <br />building and its operation is compatible with the surrounding <br />commercial businesses. <br /> <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 restaurant. Based on this <br />analysis, a Notice of Exemption, Environmental Review No. 2021-11, will be filed for this <br />project. <br /> <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