|
the General Plan. The proposed General Plan Amendment will not
<br />adversely affect the public health, safety, and welfare in that the General
<br />Plan Amendment will not result in incompatible land uses on adjacent
<br />properties, inconsistencies with any General Plan goals or policies, or
<br />adverse impacts to the environment.
<br />Section 4. The City Council of the City of Santa Ana after conducting the
<br />public hearing hereby approves General Plan Amendment No. 2019-01. The
<br />amendments to the Land Use Element are attached hereto as Exhibit A and
<br />incorporated herein by this reference as though fully set forth herein, subject to the
<br />Mitigation Monitoring and Reporting Program (MMRP), and upon satisfaction of the
<br />conditions set forth in Section 5 below. This decision is based upon the evidence
<br />submitted at the above said hearing, which includes, but is not limited to: the Request
<br />for Council Action dated June 4, 2019, and exhibits attached hereto; and the public
<br />testimony, written and oral, all of which are incorporated herein by this reference.
<br />Section 5. This Resolution shall not be effective unless and until Ordinance No.
<br />NS- (AA No. 2019-01) to rezone the property from Single -Family Residential (R-
<br />1) to Specific Development (SD) No. 94 becomes effective. If said ordinance is for any
<br />reason held to be invalid or unconstitutional by the decision of any court of competent
<br />jurisdiction, or otherwise do not go into effect for any reason, then this resolution shall be
<br />null and void and have no further force and effect.
<br />Section 6. The Applicant shall indemnify, protect, defend and hold the City
<br />and/or any of its officials, officers, employees, agents, departments, agencies,
<br />authorized volunteers, and instrumentalities thereof, harmless from any and all
<br />claims, demands, lawsuits, writs of mandamus, and other and proceedings (whether
<br />legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative
<br />dispute resolution procedures (including, but not limited to arbitrations, mediations,
<br />and such other procedures), judgments, orders, and decisions (collectively "Actions"),
<br />brought against the City and/or any of its officials, officers, employees, agents,
<br />departments, agencies, and instrumentalities thereof, that challenge, attack, or seek
<br />to modify, set aside, void, or annul, any action of, or any permit or approval issued by
<br />the City and/or any of its officials, officers, employees, agents, departments,
<br />agencies, and instrumentalities thereof (including actions approved by the voters of
<br />the City) for or concerning the project, whether such Actions are brought under the
<br />Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning
<br />Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or
<br />any other federal, state or local constitution, statute, law, ordinance, charter, rule,
<br />regulation, or any decision of a court of competent jurisdiction. It is expressly agreed
<br />that the City shall have the right to approve, which approval will not be unreasonably
<br />withheld, the legal counsel providing the City's defense, and that Applicant shall
<br />reimburse the City for any costs and expenses directly and necessarily incurred by
<br />the City in the course of the defense. City shall promptly notify the Applicant of any
<br />Action brought and City shall cooperate with Applicant in the defense of the Action.
<br />Section 7. 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 />751-208
<br />
|