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jmf 2/2/21
<br />Resolution No. 2021-XXX
<br />Page 4 of 8
<br />General Plan or any specific plan. The granting of this
<br />conditional use permit supports several policies contained in
<br />the General Plan. Policy 2.2 of the Land Use Element
<br />encourages land uses that accommodate the City’s needs for
<br />goods and services. Providing a variety of full-service venues
<br />that 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. The Observatory is
<br />located within a professional office area and its operations will
<br />be compatible with the surrounding commercial businesses.
<br />Section 2. In accordance with the California Environmental Quality Act (CEQA)
<br />and the CEQA Guidelines, the recommended action is exempt from CEQA per Section
<br />15301 – Class 1 (Existing Facilities). The request for a conditional use permit for a Type 47
<br />alcoholic beverage control (ABC) license consists of the permitting or minor alteration of an
<br />existing private structure involving negligible or no expansion of the use beyond that
<br />existing at the time of the lead agency’s determination. The project proposes to expand the
<br />operation of an alcoholic beverage control license to sell alcoholic beverages at an existing
<br />indoor concert and dinner facility. Therefore, there is no reasonable possibility that the
<br />project will have a significant effect on the environment due to the facility having the
<br />necessary infrastructure to operate the proposed use, and minor expansion of the existing
<br />building is proposed. Based on this analysis, a Notice of Exemption, Environmental Review
<br />No. 2020-88 will be filed for this project.
<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, 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 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 of
<br />competent jurisdiction. It is expressly agreed that the City shall have the right to approve
<br />the legal counsel providing the City’s defense, and that Applicant shall reimburse the City
<br />City Council 2 –10 2/22/2021
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