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Section 4. Pursuant to Title XIV, California Code of Regulations (CCR) § <br />735.5(c)(1), the City Council has determined that, after considering the record as a <br />whole, there is no evidence that the proposed project will have the potential for any <br />significant adverse effect on wildlife resources or the ecological habitat upon which <br />wildlife resources depend. The proposed project exists in an urban environment <br />characterized by paved concrete, roadways, surrounding buildings and human activity. <br />However, pursuant to Fish and Game Code § 711.2 and Title XIV, CCR § 735.5, the <br />payment of Fish and Game Department filing fees in conjunction with this project is at <br />the discretion of the State of California Department of Fish and Wildlife. <br />Section 5. 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 6. This decision rendered by the City Council of the City of Santa Ana <br />is final and is subject to judicial review pursuant to California Code of Civil Procedure <br />section 1094.6. The Planning and Building Agency shall give direct notice to the <br />Applicant of the City Council's decisions and these findings. <br />ADOPTED this 20th day of November, 2018. <br />APPROVED AS TO FORM: <br />Sonia R. Carvalho, City Attorney <br />By: ( c <br />Lisa Storck <br />Assistant City Attorney <br />Resolution No. 2018-081 <br />Page 3 of 12 <br />