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Seventeen of those calls to service were specific to the subject
<br />restaurant. The subject site is immediately adjacent to residential
<br />uses, neighborhoods, and open space areas. Therefore, the sale
<br />of distilled spirits would result in an increase of neighborhood and
<br />community disturbances, compromising the general wellbeing of
<br />Santa Ana residents and workers.
<br />Additionally, the existing restaurant operations related to on -site
<br />entertainment, in combination with the proposed sale of distilled
<br />spirits, would result in an unacceptable noise levels and in an
<br />increase of trash and other nuisance standards for the nearby
<br />residential properties. Subsequently, it would result in an
<br />increase in Police- and Code Enforcement -related calls for
<br />service, a further detriment to the general wellbeing of the
<br />surrounding residents.
<br />Section 2. In accordance with the California Environmental Quality Act (CEQA) and
<br />the CEQA Guidelines, this project is exempt from further review under Section 15061(b)(4) of
<br />the CEQA Guidelines, as the City Council has denied Conditional Use Permit No. 2023-09.
<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
<br />procedures), judgments, orders, and decisions (collectively "Actions"), brought against the
<br />City and/or any of its officials, officers, employees, agents, departments, agencies, and
<br />instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul,
<br />any action of, or any permit or approval issued by the City and/or any of its officials, officers,
<br />employees, agents, departments, agencies, and instrumentalities thereof (including actions
<br />approved by the voters of the City) for or concerning the project, whether such Actions are
<br />brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning
<br />and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or
<br />1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter,
<br />rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed
<br />that the City shall have the right to approve the legal counsel providing the City's defense,
<br />and that Applicant shall reimburse the City for any costs and expenses directly and
<br />necessarily incurred by the City in the course of the defense. City shall promptly notify the
<br />Applicant of any Action brought and City shall cooperate with Applicant in the defense of
<br />the Action.
<br />Section 4. The City Council of the City of Santa Ana, after conducting the public
<br />hearing, hereby denies Conditional Use Permit No. 2023-09 for the sale of distilled spirits in
<br />addition to beer and wine for on -premises consumption at Mariscos Hector Sports Grill
<br />located at 1208 East McFadden Avenue. The denial shall prohibit the sale of distilled spirits
<br />at the subject location but leaves in effect the permitted sale of beer and wine, approved
<br />under Conditional Use Permit No. 1971-32, subject to all applicable standards and
<br />Resolution No. 2023-XXX
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