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jmf 1/27/21
<br />Resolution No. 2021-02
<br />Page 4 of 8
<br />The condition of approval for property maintenance will
<br />maintain a safe and attractive environment in the community.
<br />Economic Development Element Goal 2 maintains and
<br />enhances the diversity of the City’s economic base. Policy 2.3
<br />encourages the development of mutually beneficial and
<br />supportive business clusters within the community. Urban
<br />Design Element Goal 1 improves the physical appearance of
<br />the City through development of districts that project a sense
<br />of place, positive community image and quality environment.
<br />Specifically, Policy 1.5 enhances architectural forms,
<br />textures, colors, and materials for all projects.
<br />Section 2. In accordance with the California Environmental Quality Act
<br />(CEQA) and the CEQA Guidelines, the project is exempt from further review per Section
<br />15303 (Class 3). The Class 3 exemption consists of the construction of small structures,
<br />which in an urbanized area applies to up to four commercial buildings not exceeding
<br />10,000 square feet in floor area on sites zoned for such use, if not involving the use of
<br />significant amounts of hazardous substances where all necessary public services and
<br />facilities are available and the surrounding area is not environmentally sensitive.
<br />The proposed building is 2,765 square feet in floor area within the General
<br />Commercial zone which allows for service, retail and commercial uses. The proposed
<br />eating establishment is not anticipated to use significant amounts of hazardous
<br />substances. There are public services available through the City of Santa Ana and the
<br />Orange County Fire Authority and the surrounding area is not environmentally sensitive.
<br />As a result, Categorical Exemption, Environmental Review No. 2020-23 will be filed for
<br />this project.
<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 the legal counsel providing the City’s defense, and that Applicant shall
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