|
Resolution No. 2020-xx
<br />Page 4 of 8
<br />existing at the time of the lead agency's determination. The project proposes to allow the
<br />after-hours operation for an existing non-profit theater. There is no reasonable possibility
<br />that the project will have a significant effect on the environment due to the facility having
<br />the necessary infrastructure to operate the proposed use and negligible expansion of the
<br />existing building being proposed. Based on this analysis, a Notice of Exemption,
<br />Environmental Review No. 2020-11 will be filed for this project.
<br />
<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 />
<br />Section 4. The Planning Commission of the City of Santa Ana after conducting
<br />the public hearing hereby approves Conditional Use Permit No. 2020-11 as conditioned
<br />for the after-hours operation of the theater located at 305 East Fourth Street, Unit 100, as
<br />conditioned in Exhibit A, attached hereto and incorporated herein. This decision is
<br />based upon the evidence submitted at the above said hearing, which includes, but is not
<br />limited to: the Request for Planning Commission Action dated March 23, 2020, and
<br />exhibits attached thereto; and the public testimony, written and oral, all of which are
<br />incorporated herein by this reference.
<br />
<br />4 -20
|