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<br />Resolution No. 2023-XXX
<br />Page 4 of 10
<br />Policy 2.2 of the LU encourages a range of commercial uses to
<br />capture a greater share of local spending and offer a range of
<br />employment opportunities and Policy 2.7 of the LU supports land
<br />use decisions that encourage the creation, development, and
<br />retention of business in Santa Ana. Approval of CUP No. 2023-
<br />09 will contribute to providing a balance of diverse commercial
<br />land uses, which will then encourage local spending, strengthen
<br />local businesses and increase economic opportunities.
<br />Moreover, providing a variety of full-service restaurants that offer
<br />alcoholic beverages as part of their menu offers additional dining
<br />options for Santa Ana residents and visitors. Policy 4.1 of the LU,
<br />encourages complete neighborhoods by introducing a mix of
<br />complementary uses, community services, and people places
<br />within a walkable area. Approval of CUP No. 2023-09 will allow
<br />residents of Cornerstone Village neighborhood to walk to a
<br />restaurant that offers full service dining options, thereby
<br />positively contributing to the economic viability of the area by
<br />promoting local spending and walkability. Lastly, the eating
<br />establishment is located within an existing commercial area and
<br />its operations will be 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 from further review per Section
<br />15301 (Class 1 – Existing Facilities) of the CEQA Guidelines. Class 1 exemption applies to
<br />the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of
<br />existing public or private structures, facilities, mechanical equipment, or topographical
<br />features, involving negligible or no expansion of existing or former use. The project proposes
<br />to allow the operation of an alcoholic beverage control license to sell alcoholic beverages at
<br />a bona-fide eating establishment. As such, a Notice of Exemption, Environmental Review
<br />No. 2023-24, 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, equitable,
<br />declaratory, administrative or adjudicatory in nature), and alternative dispute resolution
<br />procedures (including, but not limited to arbitrations, mediations, and such other
<br />procedures), judgments, orders, and decisions (collectively “Actions”), brought against the
<br />City and/or any of its officials, officers, employees, agents, departments, agencies, and
<br />instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul,
<br />any action of, or any permit or approval issued by the City and/or any of its officials, officers,
<br />employees, agents, departments, agencies, and instrumentalities thereof (including actions
<br />approved by the voters of the City) for or concerning the project, whether such Actions are
<br />brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning
<br />and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5,
<br />or any other federal, state or local constitution, statute, law, ordinance, charter, rule,
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