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neighborhood. Policy 5.5 of the Land Use Element
<br />encourages development that is compatible with and
<br />supporting of surrounding land uses. Mariscos Hector #1 is
<br />located within a commercial shopping center and its
<br />operation is compatible with the surrounding commercial
<br />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 />15061(b) (3). This exemption applies to projects where it can be seen with certainty that
<br />there is no possibility that the activity in question may have a significant effect on the
<br />environment. The project proposes to allow the on -premises sale of alcoholic beverages
<br />at a full -service restaurant and minor interior tenant improvements. There is no
<br />reasonable possibility that the project will have a significant effect on the environment due
<br />to the facility having the necessary infrastructure to operate the proposed use and no new
<br />expansion of the existing building is proposed.
<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 />court of competent jurisdiction. It is expressly agreed that the City shall have the right to
<br />approve, which approval will not be unreasonably withheld, the legal counsel providing
<br />the City's defense, and that Applicant shall reimburse the City for any costs and
<br />expenses directly and necessarily. incurred by the City in the course of the defense.
<br />City shall promptly notify the Applicant of any Action brought and City shall cooperate
<br />with Applicant in the defense of the Action.
<br />Section 4. The City Council of the City of Santa Ana after conducting the public
<br />hearing hereby approves Conditional Use Permit No. 2019-10 as conditioned in Exhibit
<br />A, attached hereto and incorporated herein, for the alcoholic beverage control license
<br />for the sale of alcohol for on -premises consumption for the project located at 1801
<br />South Main Street, Units D and E. This decision is based upon the evidence submitted
<br />at the abovesaid hearing, which includes, but is not limited to: the Request for City
<br />Council Action dated November 19, 2019, and exhibits attached thereto; and the public
<br />testimony, written and oral, all of which are incorporated herein by this reference.
<br />Resolution No. 2019-xx
<br />Page 4 of 7
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