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H. On June 25, 2018, the Planning Commission held a duly noticed public <br />hearing and voted to recommend that the City Council adopt an ordinance <br />approving Amendment Application No. 2018-05 which is consistent with the <br />General Plan. <br />The City Council, prior to taking action on this ordinance, held a duly noticed <br />public hearing on July 17, 2018. <br />The City Council also adopts as findings all facts presented in the Request for <br />Council Action dated July 17, 2018 accompanying this matter. <br />K. For these reasons, and each of them, Amendment Application No. 2018-05 is <br />hereby found and determined to be consistent with the intent and purpose of <br />Chapter 41 of the Santa Ana Municipal Code, thus changing the zoning <br />districts is found to be consistent with the General Plan of the City of Santa <br />Ana and otherwise justified by the public necessity, convenience, and general <br />welfare. <br />Section 2. The City Council has considered the information contained in <br />Environmental Review No. 2018-16 prepared with respect to this project. The City <br />Council has, as a result of its consideration of the record as a whole and the evidence <br />presented at the hearings on this matter, determined that, as required pursuant to the <br />California Environmental Quality Act (CEQA) and the State CEQA Guidelines, the <br />proposed project has been analyzed under the categorical exemption provisions and <br />meets all the requirements of CEQA. <br />Section 3. The Applicant agrees to indemnify, hold harmless, and defend the <br />City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, <br />claims, actions or proceedings that may be brought arising out of its approval of this <br />project, and any approvals associated with the project, including, without limitation, any <br />environmental review or approval, except to the extent caused by the sole negligence of <br />the City of Santa Ana. <br />Section 4. If any section, subsection, clause, phrase or portion of this <br />ordinance is for any reason held to be invalid or unconstitutional by the decision of any <br />court of competent jurisdiction, such decision shall not affect the validity of the <br />remaining portions of this ordinance. The City Council of the City of Santa Ana hereby <br />declares that it would have adopted this ordinance and each section, subsection, <br />sentence, clause, phrase or portion thereof irrespective of the fact that any one or more <br />sections, subsections, sentences, clauses, or portions be declared invalid or <br />unconstitutional. <br />Ordinance No. NS-xxxx <br />Page 2 of 4 <br />75A-34 <br />