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loss of residential units and a loss of any retail, service or <br />office use. As a result, a waiver from the allowable building <br />type and architectural style is required so the development <br />standards do not physically preclude the construction of the <br />project. <br />The two requested concessions could be avoided if the <br />project were constructed using a different site plan and <br />building type. If the project were designed with a multi-level <br />parking and/or subterranean parking structure, or if the <br />Applicant used different building materials (non-combustible, <br />Type 1) to construct a taller project, additional area on site <br />would become available to provide parking and to meet the <br />required front yard setback. However, these changes would <br />increase development costs, resulting in the affordable <br />housing project becoming financially infeasible due to the <br />significantly increased financial implications of using Type I <br />construction. <br />7. The Applicant agrees to indemnify, hold harmless, and defend the City of <br />Santa Ana, its officials, officers, agents, and employees, from any and all <br />liability, claims, actions or proceedings that may be brought arising out of its <br />approval of this project, and any approvals associated with the project, <br />including, without limitation, any environmental review or approval, except to <br />the extent caused by the sole negligence of the City of Santa Ana. <br />Section 2. In accordance with the California Environmental Quality Act <br />(CEQA), Sections 15070 to 15075 of the CEQA Guidelines, an Initial Study and <br />Mitigated Negative Declaration (IS/MND) has been prepared which discloses the <br />environmental impacts associated with implementing the proposed project and includes <br />mitigation measures that can reduce potential impacts to the extent possible or to below <br />a level of significance. Impacts from components such as agriculture and forestry <br />resources, air quality, geology and soils, greenhouse gas emissions, hydrology and <br />water quality, land use and planning, mineral resources, population and housing, <br />recreation, transportation and traffic, and utilities and service systems were found to <br />have no impacts or impacts considered less than significant. However, the project was <br />found to have a less than significant impact on the following environmental categories <br />when proposed mitigation measures are implemented: aesthetics, biological resources, <br />cultural resources, hazards and hazardous materials, noise, public services, and tribal <br />cultural resources. <br />The IS/MND's analysis determined that the above-mentioned environmental <br />categories would cause no substantial adverse change to the environment with the <br />inclusion of environmental commitments, or other enforceable measures, that would be <br />adopted by the City. All mitigation measures in the original Transit Zoning Code (TZC) <br />EIR and associated Mitigation Monitoring and Reporting Program (MMRP) have been <br />enforced and are carried over within the IS/MND, with exception of Tribal Cultural <br />Resolution No. 2019-01 <br />Page 4 of 9 <br />