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H. For these reasons, and each of them, Amendment Application No. 2019-02 is
<br />hereby found and determined to be consistent with the intent and purpose of
<br />Chapter 41 of the Santa Ana Municipal Code, thus changing the zoning
<br />district is found to be consistent with the General Plan of the City of Santa
<br />Ana and otherwise justified by the public necessity, convenience, and general
<br />welfare.
<br />Section 2. The City Council of the City of Santa Ana hereby adopts an
<br />ordinance rezoning the real properties located at 1904, 1910, 1916, and 2002 West First
<br />Street and 1901 West Walnut Street and Amended Sectional District Map Number 14-5-10
<br />showing the above described change in use district designation (AA No. 2019-02). This
<br />approval was based upon the evidence submitted at the above said hearing, which
<br />includes, but is not limited to: the Request for Council Action dated July 16, 2019, and
<br />exhibits attached thereto; and the public testimony, all of which are incorporated herein
<br />by this reference.
<br />Section 3. The City Council has reviewed and considered the information
<br />contained in the Mitigated Negative Declaration (Environmental Review No. 2017-140)
<br />prepared with respect to this project. The City Council has, as a result of its independent
<br />consideration of the record as a whole and the evidence presented at the hearings on
<br />this matter, determined that, as required pursuant to the California Environmental
<br />Quality Act (CEQA) and the State CEQA Guidelines, Environmental Review No. 2017-
<br />140 meets all the requirements of CEQA.
<br />Section 4. The zoning designations of the real properties located at 1904 West
<br />First Street, 1910 West First Street, 1916 West First Street, and 1901 West Walnut
<br />Street are hereby changed from Light Industrial (M1) to General Commercial (C2) and
<br />the zoning designation of the real property located at 2002 West First Street is hereby
<br />changed from Community Commercial (C1) to General Commercial (C2). An amended
<br />Sectional District Map Number 14-5-10, showing the above described changes in use
<br />district designation, is hereby approved and attached hereto as Exhibit A, and incorporated
<br />by this reference as though fully set forth herein.
<br />Section 5. If any section, subsection, sentence, clause, phrase or portion of
<br />this ordinance is for any reason held to be invalid or unconstitutional by the decision of
<br />any court of competent jurisdiction, such decision shall not affect the validity of the
<br />remaining portions of the ordinance. The City Council of the City of Santa Ana hereby
<br />declares that it would have adopted this ordinance and each section, subsection,
<br />sentence, clause, phrase or portion thereof irrespective of the fact that any one or more
<br />sections, subsections, sentences, clauses, phrases or portions be declared invalid or
<br />unconstitutional.
<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 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 />Ordinance No. NS-2971
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