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J. In regard to Conditional Use Permit findings 3, 4 and 5 of Section 41-638 of
<br />the Santa Ana Municipal Code, the City Council makes no specific
<br />findings. These findings relate to compliance with the regulations and
<br />conditions specified in Chapter 41 for on -sale establishments, economic
<br />stability of the properties surrounding the area, and affect on the General
<br />Plan.
<br />K. In accordance with the California Environmental Quality Act (CEQA) the
<br />recommended action is exempt from CEQA per Section 15061(b)(4) as the
<br />City Council denied Conditional Use Permit Nos. 2019-10 and 2019-11.
<br />Section 2. 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 3. The City Council of the City of Santa Ana after conducting the public
<br />hearing hereby denies Conditional Use Permit No. 2019-10 and Conditional Use Permit
<br />No. 2019-11 for the project located at 1801 South Main Street, Units D and E. This
<br />decision is based upon the evidence submitted at the above said hearing, which
<br />includes, but is not limited to: the Request for Council Action dated November 19,
<br />2019, and exhibits attached thereto; and the public testimony, written and oral, all of
<br />which are incorporated herein by this reference.
<br />Resolution No. 2019-xx
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