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<br />Resolution No. 2025-XXX
<br />Page 4 of 8
<br />potential for new employment opportunities. This would in turn
<br />promote the fiscal stability and growth of the sales tax of the
<br />City as a whole. This would also be consistent with Policy EP-
<br />1.8, which promotes fiscal stability and growth of sales tax.
<br />Lastly, the granting of the CUPs will provide an additional
<br />service to Santa Ana residents and visitors, thereby positively
<br />contributing to the economic viability of the area by promoting
<br />local spending, offering employment opportunities, and
<br />providing a safe workplace. In addition, the eating
<br />establishment is located within an existing mixed-use area and
<br />its operations will be compatible with the surrounding uses.
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<br />Section 2. In accordance with the California Environmental Quality Act (CEQA) and
<br />the CEQA Guidelines, the Project is categorically exempt from further review per Section
<br />15301 (Class 1 – Existing Facilities) of the CEQA Guidelines. Class 1 exemption applies to
<br />the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of
<br />existing public or private structures, facilities, mechanical equipment, or topographical
<br />features, involving negligible or no expansion of existing or former use. The Project proposes
<br />to allow the sale of beer and wine for on-premises consumption and after-hours operations
<br />at an existing eating establishment. As such, a Notice of Exemption, Environmental Review
<br />No. 2025-18, will be filed for this 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. 2025-06, as conditioned, for the
<br />after-hours operation of an existing eating establishment (Little Pan) located at 2 E. Hutton
<br />Center Drive, Unit 202, as conditioned in Exhibit A, attached hereto and incorporated herein.
<br />This decision is based upon the evidence submitted at the above -referenced hearing,
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