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Resolution No. 2018-xx H. 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 environmental review or approval, except to the extent caused by the sole negligence of the City of Santa Ana. Section 2. In accordance with the California Environmental Quality Act (CEQA), the recommendation is analyzed by the certified EIR prepared for the MEMU Overlay Zone and the certified SEIR prepared for the MEMU expansion and amendments project (SCH No. 2006031041). In accordance with the California Environmental Quality Act (CEQA), the recommended action has been determined to be adequately evaluated in the previously certified EIR No. 2006-01 (SCH No. 2006031041) and the certified SEIR 2018-15 as per Sections 15162 and 15168 of the CEQA guidelines. All mitigation measures in EIR No. 2006-01 and associated Mitigation Monitoring and Reporting Program (MMRP) have been enforced and continue to apply to the proposed project. The same measures identified in the 2006 MMRP are carried over within the SEIR. The EIR for the MEMU expansion adequately and fully analyzed the proposed project and it is determined that the MEMU EIR is sufficient to satisfy CEQA review for the proposed project because the proposed project will, among other things, result in no new or increased environmental effects that would require different or new mitigation. In addition, a health risk assessment (HRA) was prepared to identify any impacts from developing a residential community near a major freeway. Using two methods of analysis, the HRA finds that a less than significant impact to project residents would occur due to the project’s proximity to a major freeway. As outlined in the accompanying staff report, the project is consistent with the City’s General Plan and the MEMU regulating plan. Section 3. The Planning Commission of the City of Santa Ana, after conducting the public hearing, hereby approves Site Plan Review No. 2018-02 as conditioned in Exhibit A attached hereto and incorporated as though fully set forth herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated July 23, 2018, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. Section 6. This Resolution shall not be effective unless and until Ordinance No. NS-2955 for the MEMU Overlay Zone expansion and amendments project becomes 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. ADOPTED this 22nd day of October, 2018 by the following vote: 1-6