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<br />Resolution No. 2021-XX
<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 sale of alcoholic beverages for on-premises
<br />consumption at the subject location will not adversely affect
<br />the General Plan or any specific plan. The granting of CUP
<br />No. 2021-03 supports several policies contained in the
<br />General Plan. Policy 2.2 of the Land Use Element
<br />encourages land uses that accommodate the City’s needs
<br />for goods and services. Providing a variety of full-service
<br />eating establishments that provide alcoholic beverages as
<br />part of their menu offers additional dining options for Santa
<br />Ana residents and visitors. Furthermore, Policy 2.9 of the
<br />Land Use Element supports developments that create a
<br />business environment that is safe and attractive. Operational
<br />standards for the proposed ABC license will maintain a safe
<br />and attractive environment in the neighborhood. Policy 5.5 of
<br />the Land Use Element encourages development that is
<br />compatible with and supporting of surrounding land uses. El
<br />Yaqui Tacos y Mariscos restaurant is located within a multi-
<br />tenant commercial center and its operation is compatible
<br />with the surrounding 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 ABC license to sell beer
<br />and wine at a bona-fide restaurant. Based on this analysis, a Notice of Exemption,
<br />Environmental Review No. 2021-20, will be filed for this project.
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<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
<br />Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision
<br />Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or
<br />local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a
<br />City Council 1 –8 3/22/2021
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