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2. That the granting of a minor exception is necessary for the
<br />preservation and enjoyment of one or more substantial property
<br />rights.
<br />The granting of the minor exception is not necessary for the
<br />preservation and enjoyment of substantial property rights as denial of
<br />this minor exception does not deplete the property owner(s) of any
<br />rights to utilize their property as would other residential property
<br />owners. The site is currently being developed with a full single-family
<br />residence and attached garage that meets all standards of the
<br />SAMC. Approval of the requested four -foot tall front -yard fence does
<br />not enhance the property owners' ability to develop the site pursuant
<br />to the uses allowed and the Single -Family Residence (R-1) zoning
<br />district's development standards contained in Division 3 of Article III
<br />of the SAMC.
<br />Section 2. 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 claims,
<br />demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether
<br />legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative
<br />dispute resolution procedures (including, but not limited to arbitrations, mediations, and
<br />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 to
<br />modify, set aside, void, or annul, any action of, or any permit or approval issued by the
<br />City and/or any of its officials, officers, employees, agents, departments, agencies, and
<br />instrumentalities thereof (including actions approved by the voters of the City) for or
<br />concerning the project, whether such Actions are brought under the Ralph M. Brown
<br />Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision
<br />Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or
<br />local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a
<br />court of competent jurisdiction. It is expressly agreed that the City shall have the right to
<br />approve, which approval will not be unreasonably withheld, the legal counsel providing
<br />the City's defense, and that Applicant shall reimburse the City for any costs and
<br />expenses directly and necessarily incurred by the City in the course of the defense.
<br />City shall promptly notify the Applicant of any Action brought and City shall cooperate
<br />with Applicant in the defense of the Action.
<br />Section 3. The Zoning Administrator of the City of Santa Ana after conducting
<br />the public hearing hereby denies Minor Exception No. 2019-02 for the project located at
<br />1105 South Flintridge Drive. This decision is based upon the evidence submitted at the
<br />abovesaid hearing, which includes, but is not limited to: The Request for Zoning
<br />Administrator Action dated April 10, 2019, and exhibits attached thereto; and, the public
<br />testimony, written and oral, all of which are incorporated herein by this reference.
<br />Resolution No. 2019-04
<br />Page 2 of 3
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