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Resolution No. 2025-XX
<br />Page 8 of 15
<br />determined by the lead agency. The Project proposes to allow the sale of beer, wine, and
<br />distilled spirits, at an existing commercial tenant space located at 1623 W. Seventeenth
<br />Street. Moreover, the commercial tenant space was previously occupied with a different
<br />grocery store, which also sold beer, wine, and distilled spirits, for off-premises consumption.
<br />As such, a Notice of Exemption, Environmental Review No. 2025-03, will be filed for this
<br />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
<br />under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and
<br />Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or
<br />any other federal, state or local 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 reimburse the 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.
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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. 2025-02, as conditioned in
<br />Exhibit A, and in Exhibit B, Operational Standards for Off-Sale Establishments, attached
<br />hereto and incorporated herein, and grants the request for determination of Public
<br />Convenience or Necessity to allow the sale of beer, wine, and distilled spirits for off-premises
<br />consumption at an grocery store (Ole City Market) proposed to be located at 1623 W.
<br />Seventeenth Street. 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 10, 2025, 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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<br />[Signatures on the following page]
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<br />ADOPTED this 10th day of March 2025 by the following vote.
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