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suggested that the project would provide stacking accommodations for approximately 16
<br />vehicles within the drive -through, and there would be sufficient capacity to accommodate
<br />average and peak vehicle demands for the project.
<br />The IS/MND's Notice of Intent (NOI) was posted to the County Clerk on January 12, 2024, for
<br />the required 20-day public comment period, which ended on February 1, 2024. The NOI was
<br />also mailed out to all properties within a 1,000-foot radius of the project site. The IS/MND was
<br />made available for public view at the City Hall Planning counter, Santa Ana Library in the Civic
<br />Center and on the City website. As of this printing, no comments or communications from the
<br />public have been received on the IS/MND. Based on this analysis, a Notice of Exemption,
<br />Environmental Review No. 2023-16 will be filed for this project.
<br />Section 3. This Resolution shall not be effective unless and until the City Council
<br />Ordinance for Amendment Application No. 2024-01 is adopted and become effective. If said
<br />ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of
<br />competent jurisdiction, or otherwise does not go into effect for any reason, then this Resolution
<br />shall be null and void and have no further force and effect.
<br />Section 4. The Applicant shall indemnify, protect, defend and hold the City and/or any
<br />of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and
<br />instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of
<br />mandamus, referendum, and other proceedings (whether legal, equitable, declaratory,
<br />administrative or adjudicatory in nature), and alternative dispute resolution procedures
<br />(including, but not limited to arbitrations, mediations, and such other procedures), judgments,
<br />orders, and decisions (collectively "Actions"), brought against the City and/or any of its officials,
<br />officers, employees, agents, departments, agencies, and instrumentalities thereof, that
<br />challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or
<br />approval issued by the City and/or any of its officials, officers, employees, agents, departments,
<br />agencies, and instrumentalities thereof (including actions approved by the voters of the City) for
<br />or 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 SubdivisionMap Act,
<br />Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution,
<br />statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent
<br />jurisdiction. It is expressly agreed that the City shall have the right to approve the legal counsel
<br />providing the City's defense, and that Applicant shall reimburse the City for any costs and
<br />expenses 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 with Applicant in the
<br />defense of the Action.
<br />Section 5. The Planning Commission of the City of Santa Ana, after conducting the
<br />public hearing, hereby approves Conditional Use Permit No. 2024-01, as conditioned in Exhibit
<br />A, attached hereto and incorporated herein, for the project located at 2101 and 2109 E. Santa
<br />Clara Avenue, collectively known as 2101 E. Santa Clara Avenue. This decision is based upon
<br />the evidence submitted at the above -referenced hearing, including but not limited to: The
<br />Request for Planning Commission Action dated February 26, 2024, and exhibits attached
<br />thereto; and the public testimony, written and oral, all of which are incorporated herein by this
<br />reference.
<br />Resolution No. 2024-XXX
<br />Page 7 of 11
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