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Resolution No. 2025-31
<br />Page 4 of 10
<br />Section 2. Pursuant to the California Environmental Quality Act (CEQA) and the
<br />CEQA Guidelines, the Project is categorically exempt from further pursuant to CEQA
<br />Guidelines Section 15301 (Class 1 – Existing Facilities). Class 1 exemption applies to the
<br />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 use beyond that existing at the time of
<br />the lead agency’s determination. The Project proposes to allow the operation of an
<br />alcoholic beverage control license to sell alcoholic beverages at an eating establishment
<br />and the after-hours operation of an eating establishment. Based on this analysis, a Notice
<br />of Exemption, Environmental Review No. 2025-80, will be filed for this Project.
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<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.
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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. 2025-19, as conditioned in
<br />Exhibit A, attached hereto and incorporated herein, for the project located at 113 E. Fourth
<br />Street. 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 October 13,
<br />2025, and exhibits attached thereto; and the public testimony, written and oral, all of which
<br />are incorporated herein by this reference.
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