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jmf 1/27/21
<br />Resolution No. 2021-XXX
<br />Page 4 of 8
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<br />Section 2. In accordance with the California Environmental Quality Act
<br />(CEQA) and the CEQA Guidelines, the project is exempt from further review per Section
<br />15303 (Class 3). The Class 3 exemption consists of the construction of small
<br />structures, which in an urbanized area applies to up to four commercial buildin gs not
<br />exceeding 10,000 square feet in floor area on sites zoned for such use, if not involving
<br />the use of significant amounts of hazardous substances where all necessary public
<br />services and facilities are available and the surrounding area is not environm entally
<br />sensitive.
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<br />The proposed building is 2,765 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 sensitive.
<br />As a result, Categorical Exemption, Environmental Review No. 2020 -23 will be filed for
<br />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, m ediations,
<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, attac k, 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 v oters 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 the legal counsel providing the City’s
<br />defense, and that Applicant shall reimburse the City for any costs and expenses
<br />directly and necessarily incurred by the City in the course of the defense. City shall
<br />promptly notify the Applicant of any Action brought and City shall cooperate wit h
<br />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. 2020-25, as conditioned
<br />in Exhibit A, attached hereto and incorporated herein for the project located at 2320
<br />South Bristol 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
<br />City Council 4 –19 2/8/2021
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