75B - PH METRO EAST MIXED USE OVERLAY (MEMU)

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Program attached hereto as Exhibit C and incorporated herein by this reference. The City finds that the. Mitigation Monitoring Program is designed to ensure that, during the implementation of the Project, the City and any other responsible parties implement the components of .the Project 'and comply with the mitigation measures idehtified in the Mitigation Monitoring Program. Section 6. Wildlife Resources. Pursuant to Title XIV, California Code `of Regulations (CCR) § 735.5(c)(1), the City Council .has determined that, after considering the record as a Whole, there is no evidence that the proposed Project will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed Project exists in, an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. However, pursuant to Fish and Game Code § 711.2 and Title XIV, CCR. § 735.5, the payment of Fish and Game Department filing fees in conjunction with this project is at the discretion of the State of California Department of Fish and Wildlife. Section 7. Approvals. Based on the entire record before the City Council, all written and oral evidence; presented, the CEQA Findings, the Statement of Overriding Considerations, and the Mitigation' Monitoring Program, all attached and incorporated herein as Exhibit A, Exhibit B, and Exhibit'C'to this Resolution, the City Council of the City of Santa Ana hereby: A. Adopts the CEQA findings, adopts the Statement of Overriding Considerations, and certifies Final Subsequent Environmental Impact Report No. 2018-15, and approves the Mitigation Monitoring Program for the MEMU Overlay Zone Expansion and Elan projects; B. Approves General Plan Amendment No. 2018-03; and, These decisions are based upon the evidence submitted at the above said .hearing, which includes,. but is not limited to: the Request for Council Action dated August 21, 2018, and exhibits attached thereto; and the public testimony, written and oral; all of which are incorporated herein by this reference. Section 8. Indemnification. The Applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its ,approval of this project, and any approvals associated with the project, including, without limitation, any CEQA review or approval, except .to the extent caused 'by the sole.negligence of the City of Santa Ana. Section 9. Ordinances. This Resolution shall not .be effective unless and until Ordinance No. NS= (AA No. 2018-06 and ZOA No. 2018-03) and Ordinance No. NS- become effective. If said ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise does not go.into effect for any reason, then this resolution shall be null and void and have no further force and effect. Resolution No. 2018-xx 75B-24