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As part of the application process, residents, business owners, and
<br />property owners within 1,000 feet of the Target were sent letters
<br />notifying them of Target's application request for the sale of distilled
<br />spirits, in addition to beer and wine, for off -premises consumption.
<br />Target and staff both contacted the representatives of the
<br />Washington Square, Artesia Pilar, West Floral Park, and Riverview
<br />neighborhood associations to identify any areas of concerns due to
<br />the proposed application request and no objections were received.
<br />Target will continue to seek community input and coordinate with the
<br />community to first identify and then resolve any issues should they
<br />arise.
<br />Section 2. In accordance with the California Environmental Quality Act (CEQA)
<br />and the CEQA Guidelines, the project is categorically exempt from further review
<br />pursuant to Section 15301 (Class 1 — Existing Facilities) of the CEQA Guidelines. Class
<br />1 exemption applies to the operation, repair, maintenance, permitting, leasing, licensing,
<br />or minor alteration of existing public or private structures, facilities, mechanical
<br />equipment, or topographical features, involving negligible or no expansion of existing or
<br />former use as determined by the lead agency. The project proposes to modify an existing
<br />CUP to allow the sale of distilled spirits, in addition to beer and wine, for off -premises
<br />consumption at an existing Target store. As such, a new Notice of Exemption (NOE) will
<br />be filed for this project.
<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 />for any costs and expenses directly and necessarily incurred by the City in the course of
<br />the defense. City shall promptly notify the Applicant of any Action brought and City shall
<br />cooperate with Applicant in the defense of the Action.
<br />Resolution No. 2024-XXX
<br />Page 6of8
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