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Resolution No. 2022-XXX
<br />Page 3 of 8
<br />five percent (5%) of the gross floor area for display and storage
<br />of alcoholic beverages, which is the maximum threshold
<br />established by the SAMC. In addition, operational standards will
<br />ensure the project remains in compliance with all applicable
<br />codes and regulations related to alcohol sales to ensure that the
<br />use does not impact neighboring properties or create an
<br />attractive nuisance.
<br />5.That the proposed use will not adversely affect the General Plan of the
<br />city or any specific plan applicable to the area of the proposed use.
<br />The proposed sale of alcoholic beverages for on-premise
<br />consumption at this location will not adversely affect the General
<br />Plan or any specific plan. The granting of this CUP supports
<br />several policies contained in the General Plan. Policy 2.2 of the
<br />Land Use Element encourages a range of commercial uses to
<br />capture a greater share of local spending and offer a range of
<br />employment opportunities. The project offers an additional
<br />service and amenity for Santa Ana residents and visitors,
<br />thereby positively contributing to the economic viability of the
<br />area by promoting local spending and providing a safe
<br />workplace. Furthermore, Policy 3.7 of the Land Use Element
<br />supports developments that create clean, safe, and creative
<br />environments for the City’s residents, workers, and visitors.
<br />Operational standards for the proposed ABC license will
<br />maintain a safe and attractive environment in the neighborhood
<br />for customers and employees. Policy 1.1 of the General Plan
<br />Land Use Element encourages development that fosters
<br />compatibility between land uses to enhance livability. The Lotus
<br />Restaurant is near retail, eating establishments and service uses
<br />along Edinger Avenue and its operations are compatible with the
<br />surrounding commercial businesses.
<br />Section 2. In accordance with the California Environmental Quality Act (CEQA) and
<br />the CEQA Guidelines, the project is categorically exempt from further review per Section
<br />15301 (Class 1 – Existing Facilities). Class 1 exemption applies to the operation, repair,
<br />maintenance, permitting, leasing, licensing, or minor alteration of existing public or private
<br />structures, facilities, mechanical equipment, or topographical features, involving negligible or
<br />no expansion of existing or former use. The project proposes to allow the operation of an
<br />alcoholic beverage control license to sell alcoholic beverages at a bona-fide eating
<br />establishment. As such, a Notice of Exemption, Environmental Review No. 2022-20, will be
<br />filed for this project.
<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, equitable,
<br />declaratory, administrative or adjudicatory in nature), and alternative dispute resolution
<br />procedures (including, but not limited to arbitrations, mediations, and such other procedures),
<br />judgments, orders, and decisions (collectively “Actions”), brought against the City and/or any
<br />6/13/2022
<br />Planning Commission 1 –8
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