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Resolution No. 2025-27
<br />Page 4 of 14
<br />diverse needs, offer a broad range of employment
<br />opportunities, capture local spending, encourage re-
<br />investment into the City, and promote the City’s image as a
<br />significant business-friendly regional activity center.
<br />Additionally, Goal LU-4 and Policy LU-4.1 also apply, which
<br />support improvements to the built environment and the
<br />promotion of complete neighborhoods. Policy EP-3.11, which
<br />seeks to improve the City’s image through the creation of
<br />vibrant and engaging public spaces, is also supported by this
<br />Project. Unsung Brewing Company is located within a mixed-
<br />use building and its operation is compatible with the
<br />surrounding residential use and commercial businesses. The
<br />Project would provide an additional dining and drinking option
<br />to Santa Ana residents, workers, and visitors and would
<br />promote local spending and offer employment opportunities.
<br />Section 2. Pursuant to the California Environmental Quality Act (CEQA) and the
<br />CEQA Guidelines, the Project is categorically exempt from further review pursuant to
<br />CEQA Guidelines Section 15301 (Class 1 – Existing Facilities). Class 1 exemption applies
<br />to the 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 sale of alcoholic
<br />beverages for on-premises consumption at a proposed eating establishment. Based on
<br />this analysis, a Notice of Exemption, Environmental Review No. 2025 -77, will be filed for
<br />this Project.
<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 a ll 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
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