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Section 2. In accordance with the California Environmental Quality Act (CEQA) and
<br />the CEQA Guidelines, the project is categorically exempt from further review pursuant to
<br />Section 15301 (Class 1 — Existing Facilities) of the CEQA Guidelines. Class 1 exemption
<br />applies to the operation, repair, maintenance, permitting, leasing, licensing, or minor
<br />alteration of existing public or private structures, facilities, mechanical equipment, or
<br />topographical features, involving negligible or no expansion of existing or former use as
<br />determined by the lead agency. The project proposes to modify an existing CUP to allow the
<br />sale of distilled spirits, in addition to beer and wine, for off -premises consumption at an
<br />existing Target store located at 3300 South Bristol Street. As such, a new Notice of
<br />Exemption (NOE) will be filed for this project.
<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
<br />under the Ralph M. BrownAct, California Environmental Quality Act, the Planning and
<br />Zoning Law, the SubdivisionMap Act, Code of Civil Procedure sections 1085 or 1094.5, or
<br />any other federal, state orlocal constitution, statute, law, ordinance, charter, rule, regulation,
<br />or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall
<br />have the right to approve the legal counsel providing the City's defense, and that Applicant
<br />shall reimbursethe 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 brought
<br />and City shall cooperate with Applicant in the defense of the Action.
<br />Section 4. The Planning Commission of the City of Santa Ana, after conducting the
<br />public hearing, hereby approves Modification No. 1 to Conditional Use Permit No. 2012-14, as
<br />conditioned in Exhibit A, and in Exhibit B, Operational Standards for Off -Sale Establishments,
<br />attached hereto and incorporated herein, and grants the request for determination of Public
<br />Convenience or Necessity to allow the sale of distilled spirits, in addition to beer and wine,
<br />for off -premises consumption at an existing Target store located at 3300 South Bristol Street.
<br />This decision is based upon the evidence submitted at the above -referenced hearing,
<br />including but not limited to: The Request for Planning Commission Action dated July 8, 2024,
<br />and exhibits attached thereto; and the public testimony, written and oral,all of which are
<br />incorporated herein by this reference.
<br />[Signatures on the following page]
<br />Resolution No. 2024-XXX
<br />Page 6 of 7
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