|
<br />Resolution No. 2022-33
<br />Page 7 of 11
<br />existing eating establishment, which is less than 50-percent of the total gross floor area
<br />of the existing structure. Moreover, the project proposes negligible expansion of the
<br />existing establishment as the projects consists of relocation a portion of the drive-
<br />through entrance and creation of a longer dual lane approach, increasing the queuing
<br />capacity. As such, a Notice of Exemption, Environmental Review No. 2021-86, will be
<br />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 the legal counsel providing the City’s defense, and that Applicant shall
<br />reimburse the City for any costs and expenses directly and necessarily incurred by the
<br />City in the course of the defense. City shall promptly notify the Applicant of any Action
<br />brought and City shall cooperate 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 modification to Conditional Use Permit No. 2003-15
<br />(No. 2003-15-MOD-1), as conditioned in Exhibit A, attached hereto and incorporated
<br />herein for the project located at 3601 South Bristol Street. This decision is based upon
<br />the evidence submitted at the above-referenced hearing, including but not limited to:
<br />the Request for Planning Commission Action dated December 12, 2022, and exhibits
<br />attached thereto; and the public testimony, written and oral, all of which are
<br />incorporated herein by this reference.
<br />
<br />ADOPTED this 12th day of December, 2022.
<br />
<br />
<br />AYES: Commissioners: MIGUEL CALDERON, MARK MCLOUGHLIN,
<br />THOMAS MORRISEY, ALAN WOO (4)
<br />NOES: Commissioners: NONE (0)
<br />ABSENT: Commissioners: BAO PHAM, ISURI RAMOS (2)
|