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Resolution No. 2019-xx
<br />Page 3 of 4
<br /> With the exception of building height, the project is consistent
<br />with all development standards identified in the Single-Family
<br />Residence (R1) zoning district and the Santa Ana Municipal Code.
<br />Furthermore, the project was designed in accordance with Chapter
<br />10 (Special Use Guidelines) and Section 12 (Religious Institution) of
<br />the Citywide Design Guidelines adopted by City Council in 2006.
<br /> The project will not pose any adverse effects on the General
<br />Plan designation of Low Density Residential (LR-7). Specifically, the
<br />proposed project supports Policy 1.8 of the Land Use Element which
<br />encourages the development of non-profit recreational facilities and
<br />services. The project is consistent with both the general plan and the
<br />zoning of the property. The proposed project will allow the church to
<br />better serve the community and will not adversely affect the
<br />applicable land use plan.
<br />Section 2. In accordance with the California Environmental Quality Act and the
<br />CEQA Guidelines, the recommended action is exempt from further review per Section
<br />15332. This Class 32 exemption allows infill development provided it is consistent with
<br />the General Plan and zoning code; the project site is less than five acres, surrounded by
<br />urban uses, does not have any noise or traffic impacts, and can be served by existing
<br />utilities. The project is not located on a site which is included on any list compiled
<br />pursuant to Section 65962.5 of the Government Code. As a result, Categorical
<br />Exemption Environmental Review No. 2017-97 will be filed for this project.
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<br />Section 3. 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.
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