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LS 11.19.19
<br />1. Adopts the Findings of Fact, attached hereto and incorporated
<br />herein as Exhibit "A."
<br />2. Certifies the EIR based on the entirety of the record of proceedings.
<br />3. Adopts the Statement of Overriding Considerations, attached
<br />hereto and incorporated herein as Exhibit "B", after balancing the
<br />significant and unavoidable aesthetic impacts of the Project against
<br />the benefits of the Project.
<br />4. Adopts the Mitigation Monitoring and Reporting Program attached
<br />hereto and incorporated herein as Exhibit "C", consistent with
<br />Public Resources Code section 21081.6; make implementation of
<br />the Mitigation Measures contained in the Mitigation Monitoring and
<br />Reporting Program a condition of approval of the Project; and find
<br />that in the event of any inconsistencies between the Mitigation
<br />Measures set forth herein and the Mitigation Monitoring and
<br />Reporting Program, the Mitigation Monitoring and Reporting
<br />Program shall control.
<br />5. Directs City staff to cause a Notice of Determination to be filed and
<br />posted with the County of Orange Registrar-Recorder/County Clerk
<br />and the State Clearinghouse within five (5) working days of the City
<br />Council's final Project approval.
<br />Section 2. INDEMNIFICATION. The Applicant has agreed to and shall
<br />indemnify, protect, defend and hold the City and/or any of its officials, officers,
<br />employees, agents, departments, agencies, authorized volunteers, and instrumentalities
<br />thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, and
<br />other proceedings (whether legal, equitable, declaratory, administrative or adjudicatory
<br />in nature), and alternative dispute resolution procedures (including, but not limited to
<br />arbitrations, 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 Actions
<br />are brought under the Ralph M. Brown Act, California Environmental Quality Act, the
<br />Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections
<br />1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance,
<br />charter, rule, regulation, or any decision of a court of competent jurisdiction. It is
<br />expressly agreed that the City shall have the right to approve, which approval will not be
<br />unreasonably withheld, the legal counsel providing the City's defense, and that
<br />Applicant shall reimburse the City for any costs and expenses directly and necessarily
<br />incurred by the City in the course of the defense. City shall promptly notify the Applicant
<br />Resolution No. 2019-107
<br />Page 9 of 11
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