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<br />operation, repair,maintenance, permitting, leasing, licensing, or minor alteration of existing public
<br />or private structures, facilities, mechanical equipment, or topographical features, involving
<br />negligible or no expansion of existing or former use. The project proposes to allow the operation
<br />of an alcoholic beverage control license to sell alcoholic beverages at a bona-fide eating
<br />establishment. As such, a Notice of Exemption, Environmental Review No. 2023-24, will be filed
<br />for this project.
<br />Section 3.The Applicant shall indemnify, protect, defend and hold the City and/or any
<br />of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and
<br />instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of
<br />mandamus, referendum, and other proceedings (whether legal, equitable, declaratory,
<br />administrative or adjudicatory in nature), and alternative dispute resolution procedures
<br />(including, but not limited to arbitrations, mediations, and such other procedures), judgments,
<br />orders, and decisions (collectively “Actions”), brought against the City and/or any of its officials,
<br />officers, employees, agents, departments, agencies, and instrumentalities thereof, that
<br />challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or
<br />approval issued by the City and/or any of its officials, officers, employees, agents, departments,
<br />agencies, and instrumentalities thereof (including actions approved by the voters of the City) for
<br />or 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 SubdivisionMap Act,
<br />Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution,
<br />statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent
<br />jurisdiction. It is expressly agreed that the City shall have the right to approve the legal counsel
<br />providing 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. City shall
<br />promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the
<br />defense of the Action.
<br />Section 4.The Planning Commission of the City of Santa Ana, after conducting the
<br />public hearing, hereby approves Conditional Use Permit No. 2023-09, as conditioned in Exhibit
<br />A, attached hereto and incorporated herein, for the sale of distilled spirits in addition to beer and
<br />wine for on-premises consumption at Mariscos Hector Sports Grill located at 1208 East
<br />McFadden Avenue. This decision is based upon the evidence submitted at the above-referenced
<br />hearing, including but not limited to: The Request for Planning Commission Action dated April
<br />24, 2023, and exhibits attached thereto; and the public testimony, written and oral, all of which
<br />are incorporated herein by this reference.
<br />ADOPTED this 24th day of April 2023 by the following vote.
<br />AYES:Commissioners: ESCAMILLA, LEO, MCLOUGHLIN, OLIVA, PHAM, WOO
<br />NOES:Commissioners:
<br />ABSENT:Commissioners: RAMOS
<br />ABSTENTIONS: Commissioners:
<br />Resolution No. 2023-07
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