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Study dated July 2019 prepared by LSA, and the Conceptual Water Quality Management
<br />Plan prepared for the project. The project site lies within the jurisdiction of the South
<br />Coast Air Quality Management District (SCAQMD). As such construction of the project
<br />shall comply with SCAQMD Rule 403, which identified measures to reduce fugitive dust
<br />and is required to be implemented at all construction sites located within the South
<br />Coast Air Basin. The project will not exceed construction or operational emission
<br />thresholds established by the SCAQMD. The project can be served by all required
<br />utilities and public services. Pursuant to CEQA Guidelines Section 15303(c), the City
<br />Council determined that the Class 3 (New Construction or conversion of Small Structures)
<br />exemption is also applicable as the project consists of two commercial buildings less than
<br />10,000 square feet (7,394 square feet) on a site zoned for such use (C2-General
<br />Commercial), not involving the use of significant amounts of hazardous substances and
<br />can be served by all required utilities and public services and the surrounding area is not
<br />environmentally sensitive.
<br />Section 4. 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, and other and proceedings (whether legal,
<br />equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute
<br />resolution procedures (including, but not limited to arbitrations, mediations, and such
<br />other procedures), judgments, orders, and decisions (collectively "Actions"), brought
<br />against the City and/or any of its officials, officers, employees, agents, departments,
<br />agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set
<br />aside, void, or annul, any action of, or any permit or approval issued by the City and/or
<br />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 5. The City Council of the City of Santa Ana hereby denies Appeal
<br />Application No. 2019-03, thereby upholding the Planning Commission's approval of
<br />Conditional Use Permit No. 2019-30, amendment to Variance No. 2018-10, Conditional
<br />Use Permit No. 2019-31 and Environmental Review No. 2019-69. This decision is
<br />based upon the evidence submitted at the abovesaid hearing, which includes, but is not
<br />limited to: the Request for City Council Action dated October 15, 2019, and exhibits
<br />attached thereto; the Request for Planning Commission Action dated September 9,
<br />2019, and exhibits attached thereto, and the public testimony, written and oral, all of
<br />which are incorporated herein by this reference.
<br />Resolution No. 2019-099
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