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Resolution No. 2022-XXX
<br />Page 4 of 9
<br />service entertainment venues, eating establishments, and
<br />private event venues offers additional entertainment and
<br />dining options for Santa Ana residents and visitors.
<br />Furthermore, Policy LU-3.7 of the Land Use Element supports
<br />developments that create a business environment that is safe
<br />and attractive. Existing operational standards for the
<br />entertainment site (i.e., CUP No. 1994-16 and CUP No. 2020-
<br />22) as well as a property maintenance agreement will ensure
<br />a safe and attractive environment in the neighborhood.
<br />Finally, Policy LU-4.1 of the Land Use Element and EP-2.3 of
<br />the Economic Prosperity Element encourages development
<br />that is compatible with and supporting of surrounding land
<br />uses, and mutually beneficial and complementary
<br />businesses. The Observatory is located within a professional
<br />office area and its operations (including public and private
<br />events) will be compatible with the surrounding commercial
<br />businesses.
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<br />Section 2. In accordance with the California Environmental Quality Act (CEQA)
<br />and the CEQA Guidelines, the recommended action is exempt from further review under
<br />Section 15301 (Class 1 – Existing Facilities). The Class 1 exemption applies to the
<br />operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of
<br />existing public or private structures, facilities, mechanical equipment, or topographical
<br />features, involving negligible or no expansion of existing or former use. The request for
<br />an ancillary banquet facility consists of the permitting or minor alteration of an existing
<br />private structure involving negligible or no expansion of use. The proposed banquet
<br />services would require no changes to the existing venue, and all improvements would be
<br />existing. Based on this analysis, a Notice of Exemption, Environmental Review No. 2022-
<br />32 will be filed for this project.
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<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, authorized
<br />volunteers, and instrumentalities thereof, harmless from any and all claims, demands,
<br />lawsuits, writs of mandamus, referendum, and other proceedings (whether legal,
<br />equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute
<br />resolution procedures (including, but not limited to arbitrations, mediations, and such
<br />other procedures), judgments, orders, and decisions (collectively “Actions”), brought
<br />against the City and/or any of its officials, officers, employees, agents, departments,
<br />agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set
<br />aside, void, or annul, any action of, or any permit or approval issued by the City and/or
<br />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 Act,
<br />California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map
<br />Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local
<br />constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of
<br />competent jurisdiction. It is expressly agreed that the City shall have the right to approve
<br />the legal counsel providing the City’s defense, and that Applicant shall reimburse the City
<br />7/25/2022
<br />Planning Commission 2 –9
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