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the project will have a significant adverse effect on the environment. The City Council
<br />hereby certifies and adopts the MND and directs that the Notice of Determination be
<br />prepared and filed with the County Clerk of the County of Orange in the manner
<br />required by law.
<br />Section 3. The City Council hereby adopts the Mitigated Negative Declaration,
<br />Environmental Review No. 2018-28 and approves the Mitigation Monitoring and
<br />Reporting Program attached hereto and incorporated herein as Exhibit A, consistent
<br />with Public Resources Code section 21081.6; makes implementation of the Mitigation
<br />Measures contained in the Mitigation Monitoring and Reporting Program a condition of
<br />approval of the Project, and adopts the Mitigation Monitoring and Reporting Program,
<br />and directs that the Notice of Determination be prepared and filed with the County Clerk
<br />of the County of Orange in the manner required by law. This decision is based upon the
<br />evidence submitted at the above said hearing, which includes, but is not limited to: the
<br />Request for Council Action dated March 17, 2020, and exhibits attached hereto; and the
<br />public testimony, written and oral, all of which are incorporated herein by this reference.
<br />Section 4. Pursuant to Title XIV, California Code of Regulations (CCR) §
<br />735.5(c)(1), the City Council has determined that, after considering the record as a
<br />whole, there is no evidence that the proposed project will have the potential for any
<br />significant adverse effect on wildlife resources or the ecological habitat upon which
<br />wildlife resources depend. The proposed project exists in an urban environment
<br />characterized by paved concrete, roadways, surrounding buildings and human activity.
<br />However, pursuant to Fish and Game Code § 711.2 and Title XIV, CCR § 735.5, the
<br />payment of Fish and Game Department filing fees in conjunction with this project is at
<br />the discretion of the State of California Department of Fish and Wildlife.
<br />Section 5. The Mitigated Negative Declaration and the Mitigation Monitoring and
<br />Reporting Program, as well as all supporting documents are on file and available for
<br />public review at Santa Ana City Hall, 20 Civic Center Plaza, Santa Ana, California
<br />92702.
<br />Section 6. 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 />Resolution No. 2020-020
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