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LS 11.20.19
<br />Resolution No. 2019-xx
<br />Page 3 of 5
<br />property within the proposed project. Public access easements
<br />currently exist on the properties since the site is the Civic Center
<br />complex for the County of Orange. The Applicant will be modifying
<br />and maintaining all easements necessary to ensure reciprocal rights
<br />between the properties, including but not limited to access, egress
<br />and drainage.
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<br /> Section 2. In accordance with the California Environmental Quality Act the
<br />recommended action is exempt from further review per Section 15315 (Class 15). This
<br />Class 15 exemption allows for the division of property in urbanized areas zoned for
<br />residential, commercial, or industrial use into four or fewer parcels when the division is
<br />in conformance with the General Plan and zoning, no variances or exceptions are
<br />required, all services and access to the proposed parcels to local standards are
<br />available, and does not contain an average slope of greater than 20 percent.
<br /> As the project entails the subdivision of an existing parcel of land into two lots,
<br />the buildings and sites will be in compliance with all provisions of the Municipal Code,
<br />no adverse environmental impacts will result from the subdivision of land, the project
<br />does not require any variances, and the proposal involves a relatively flat parcel, it has
<br />been determined that the project will not have an effect on the environment, Categorical
<br />Exemption Environmental Review No. 2018-139 will be filed for this project.
<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
<br />claims, demands, lawsuits, writs of mandamus, and other and proceedings (whether
<br />legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative
<br />dispute resolution procedures (including, but not limited to arbitrations, mediations,
<br />and 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
<br />to modify, set aside, void, or annul, any action of, or any permit or approval issued by
<br />the City and/or any of its officials, officers, employees, agents, departments,
<br />agencies, and instrumentalities thereof (including actions approved by the voters of
<br />the City) for or concerning the project, whether such Actions are brought under the
<br />Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning
<br />Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or
<br />any other federal, state or local constitution, statute, law, ordinance, charter, rule,
<br />regulation, or any decision of a court of competent jurisdiction. It is expressly agreed
<br />that the City shall have the right to approve, which approval will not be unreasonably
<br />withheld, the legal counsel providing the City’s defense, and that Applicant shall
<br />reimburse the City for any costs and expenses directly and necessarily incurred by
<br />the City in the course of the defense. City shall promptly notify the Applicant of any
<br />Action brought and City shall cooperate with Applicant in the defense of the Action.
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