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<br /> Resolution No. 2023-02
<br />Page 4 of 9
<br />The CUP will allow for additional service to Santa Ana residents
<br />and visitors, thereby positively contributing to the economic
<br />viability of the area by promoting local spending, offering
<br />employment opportunities, and providing a safe workplace. In
<br />addition, the eating establishment is located within an existing
<br />commercial area and its operations will be compatible with the
<br />surrounding commercial businesses.
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<br />Section 2. In accordance with the California Environmental Quality Act (CEQA) and
<br />the CEQA Guidelines, the project is categorically exempt from further review per Section
<br />15301 (Class 1 – Existing Facilities). Class 1 exemption applies to the operation, repair,
<br />maintenance, permitting, leasing, licensing, or minor alteration of existing public or private
<br />structures, facilities, mechanical equipment, or topographical features, involving negligible or
<br />no expansion of existing or former use. The project proposes to allow the operation of an
<br />alcoholic beverage control license to sell alcoholic beverages at a bona-fide eating
<br />establishment. As such, a Notice of Exemption, Environmental Review No. 2023-13, will be
<br />filed for this project.
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<br />Section 3. The Applicant shall indemnify, protect, defend and hold the City and/or
<br />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, equitable,
<br />declaratory, administrative or adjudicatory in nature), and alternative dispute resolution
<br />procedures (including, but not limited to arbitrations, mediations, and such other procedures),
<br />judgments, orders, and decisions (collectively “Actions”), brought against the City and/or any
<br />of its officials, officers, employees, agents, departments, agencies, and instrumentalities
<br />thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or
<br />any permit or approval issued by the City and/or any of its officials, officers, employees,
<br />agents, departments, agencies, and instrumentalities thereof (including actions approved by
<br />the voters of the City) for or concerning the project, whether such Actions are brought under
<br />the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law,
<br />the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other
<br />federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any
<br />decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the
<br />right to 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 City
<br />in the course of the defense. City shall promptly notify the Applicant of any Action brought
<br />and City shall cooperate with Applicant in the defense of the Action.
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<br />Section 4. The Planning Commission of the City of Santa Ana, after conducting the
<br />public hearing, hereby approves Conditional Use Permit No. 2023-01, as conditioned in
<br />Exhibit A, attached hereto and incorporated herein, for the project located at 120 South
<br />Harbor Boulevard, Unit H. This decision is based upon the evidence submitted at the above-
<br />referenced hearing, including but not limited to: The Request for Planning Commission Action
<br />dated March 13, 2023, and exhibits attached thereto; and the public testimony, written and
<br />oral, all of which are incorporated herein by this reference.
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