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Section 2. In accordance with the California Environmental Quality Act
<br />(CEQA), the project is categorically exempt from further review per Section 15301
<br />(Class 1 — Existing Facilities) of the CEQA Guidelines. The Class 1 exemption applies
<br />to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration
<br />of existing private structures involving negligible or no expansion of the use. The
<br />existing 10,215-square foot building is within the C5 zone which allows for professional
<br />office uses. The proposed adult day care facility does not involve an expansion in use.
<br />As a result, Categorical Exemption, Environmental Review No. 2019-117 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, 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. Conditional Use Permit No. 2019-45 shall not be effective unless
<br />and until the Planning Commission reviews and approves Variance No. 2019-06. If said
<br />approvals are held to be invalid or unconstitutional by the decision of any court of
<br />competent jurisdiction, or otherwise denied, then this conditional use permit shall be null
<br />and void and have no further force and effect.
<br />Section 5. The Planning Commission of the City of Santa Ana after conducting
<br />the public hearing hereby approves CUP No. 2019-45, as conditioned in Exhibit A,
<br />attached hereto and incorporated herein for the project located at 1570 East
<br />Seventeenth Street. This decision is based upon the evidence submitted at the
<br />abovesaid hearing, which includes, but is not limited to: the Request for Planning
<br />Commission Action dated January 27, 2020, and exhibits attached thereto; and the
<br />public testimony, written and oral, all of which are incorporated herein by this reference.
<br />Resolution No. 2020-03
<br />Page 4 of 8
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