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#31443v1Resolution No. 2020-xx
<br />Page 4 of 8
<br />Specifically, Policy 1.5 enhances architectural forms,
<br />textures, colors, and materials for all projects.
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<br />Section 2. In accordance with the California Environmental Quality Act, the
<br />project is exempt from further review per Section 15303 of the Guidelines for the
<br />California Environmental Quality Act. The Class 3 exemption applies to the construction
<br />of small structures, which in an urbanized area is defined as a building not exceeding
<br />10,000 square feet in floor area, on sites zoned for such use, not using significant
<br />amounts of hazardous substances, where public services are available and the
<br />surrounding area is not environmentally sensitive.
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<br />The proposed building is 2,664 square feet in floor area within the General
<br />Commercial zone which allows for service, retail and commercial uses. The proposed
<br />eating establishment is not anticipated to use significant amounts of hazardous
<br />substances. There are public services available through the City of Santa Ana and the
<br />Orange County Fire Authority, and the surrounding area is not environmentally
<br />sensitive. As a result, Categorical Exemption, Environmental Review No. 2019-40 will
<br />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,
<br />authorized volunteers, and instrumentalities thereof, harmless from any and all
<br />claims, demands, lawsuits, writs of mandamus, and other and proceedings (whether
<br />legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative
<br />dispute resolution procedures (including, but not limited to arbitrations, mediations,
<br />and such other procedures), judgments, orders, and decisions (collectively “Actions”),
<br />brought against the City and/or any of its officials, officers, employees, agents,
<br />departments, agencies, and instrumentalities thereof, that challenge, attack, or seek
<br />to modify, set aside, void, or annul, any action of, or any permit or approval issued by
<br />the City and/or any of its officials, officers, employees, agents, departments,
<br />agencies, and instrumentalities thereof (including actions approved by the voters of
<br />the City) for or concerning the project, whether such Actions are brought under the
<br />Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning
<br />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,
<br />regulation, or any decision of a court of competent jurisdiction. It is expressly agreed
<br />that the City shall have the right to approve, which approval will not be unreasonably
<br />withheld, the legal counsel providing the City’s defense, and that Applicant shall
<br />reimburse the City for any costs and expenses directly and necessarily incurred by
<br />the City in the course of the defense. City shall promptly notify the Applicant of any
<br />Action brought 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
<br />the public hearing hereby approves Conditional Use Permit No. 2020-05, as conditioned
<br />in Exhibit A, attached hereto and incorporated herein for the project located at 1406
<br />East First Street. This decision is based upon the evidence submitted at the abovesaid
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