|
Resolution No. 2019-xx
<br />Page 4 of 10
<br /> Section 2. The Applicant shall indemnify, protect, defend and hold
<br />the City and/or any of its officials, officers, employees, agents, departments,
<br />agencies, authorized volunteers, and instrumentalities thereof, harmless from any
<br />and all claims, demands, lawsuits, writs of mandamus, and other and proceedings
<br />(whether legal, equitable, declaratory, administrative or adjudicatory in nature), and
<br />alternative dispute resolution procedures (including, but not limited to arbitrations,
<br />mediations, and such other procedures), judgments, orders, and decisions
<br />(collectively “Actions”), brought against the City and/or any of its officials, officers,
<br />employees, agents, departments, agencies, and instrumentalities thereof, that
<br />challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any
<br />permit or approval issued by the City and/or any of its officials, officers, employees,
<br />agents, departments, agencies, and instrumentalities thereof (including actions
<br />approved by the voters of the City) for or concerning the project, whether such
<br />Actions are brought under the Ralph M. Brown Act, California Environmental Quality
<br />Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure
<br />sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law,
<br />ordinance, charter, rule, regulation, or any decision of a court of competent
<br />jurisdiction. It is expressly agreed that the City shall have the right to approve, which
<br />approval will not be unreasonably withheld, the legal counsel providing the City’s
<br />defense, and that Applicant shall reimburse the City for any costs and expenses
<br />directly and necessarily incurred by the City in the course of the defense. City shall
<br />promptly notify the Applicant of any Action brought and City shall cooperate with
<br />Applicant in the defense of the Action.
<br />
<br /> Section 3. In accordance with the California Environmental Quality Act
<br />(CEQA), the Planning Commission of the City of Santa Ana hereby finds, determines,
<br />and declares as follows:
<br />Based on the substantial evidence set forth in the record, including but not
<br />limited to the 2010 EIR and the 2019 Addendum, the Planning Commission finds
<br />that an addendum is the appropriate document for disclosing the changes to the
<br />subject properties, and that none of the conditions identified in Public Resources
<br />Code section 21166 and State CEQA Guidelines section 15162 requiring
<br />subsequent environmental review have occurred, because:
<br />
<br />A. The project does not constitute a substantial change that would
<br />require major revisions of the 2010 EIR due to the involvement of
<br />new significant environmental effects or a substantial increase in
<br />the severity of previously identified significant effects.
<br />
<br />B. There is not a substantial change with respect to the circumstances
<br />under which the project will be developed that would require major
<br />revisions of the 2010 EIR due to the involvement of new significant
<br />environmental effects or a substantial increase in the severity of the
<br />previously identified significant effects.
<br />
<br />4-27
|