|
the Transit Zoning Code zoning district, specifically in the
<br />Downtown sub -zone. As proposed, it is designed to meet all
<br />development standards designated in the zoning district.
<br />Section 2. In accordance with the California Environmental Quality Act, the
<br />project is exempt pursuant to CEQA Guidelines Section 15301, Class 1, Class 1
<br />exemptions consists of the operation, repair, maintenance, permitting, leasing,
<br />licensing, or minor alterations of existing public or private structures, facilities involving
<br />no expansion at the time of the lead agency's determination. No new building square
<br />footage is proposed as part of the project. Based on this analysis, a Notice of
<br />Exemption, Environmental Review No. 2018-17 will be filed for this project.
<br />Section 3. The Applicant shall indemnify, protect, defend and hold the City and/or
<br />any of its officials, officers, employees, agents, departments, agencies, authorized
<br />volunteers, and instrumentalities thereof, harmless from any and all claims, demands,
<br />lawsuits, writs of mandamus, referendum, and other 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 4. The Planning Commission of the City of Santa Ana after conducting
<br />the public hearing hereby approves Conditional Use Permit No. 2019-26 and Conditional
<br />Use Permit No. 2019-27, as conditioned in Exhibit A, attached hereto and incorporated
<br />herein, for the project located at 501 North French Street. This decision is based upon
<br />the evidence submitted at the abovesaid hearing, which includes, but is not limited to:
<br />the Request for Planning Commission Action dated September 23, 2019, and exhibits
<br />attached thereto; and the public testimony, written and oral, all of which are
<br />incorporated herein by this reference.
<br />Resolution No. 2019-41
<br />Page 6 of 10
<br />
|