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<br /> Resolution No. 2025-XX
<br />Page 5 of 15
<br />alteration of existing public or private structures, facilities, mechanical equipment, or
<br />topographical features, involving negligible or no expansion of existing or former use. The
<br />project proposes to allow the sale of beer, wine, and distilled spirits for on-premises
<br />consumption at an existing eating establishment. As such, a Notice of Exemption,
<br />Environmental Review No. 2025-26, 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
<br />Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision
<br />Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or
<br />local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a
<br />court of competent jurisdiction. It is expressly agreed that the City shall have the right to
<br />approve the legal counsel providing the City’s defense, and that Applicant shall reimburse
<br />the City for any costs and expenses directly and necessarily incurred by the City in the
<br />course of the defense. City shall promptly notify the Applicant of any Action brought and
<br />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 />a public hearing, hereby approves Conditional Use Permit No. 2025-08, as conditioned in
<br />Exhibit A, and on Exhibit B, Operational Standards for On-Sale Establishments, attached
<br />hereto and incorporated herein, for the sale of alcoholic beverages for on -premises
<br />consumption at Costa Azul located at 800 W . Seventeenth Street. This decision is based
<br />upon the evidence submitted at the above-referenced hearing, including, but not limited
<br />to: The Request for Planning Commission Action dated May 12, 2025, and exhibits
<br />attached thereto; and the public testimony, written and oral, all of which are incorporated
<br />herein by this reference.
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