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City of Santa Ana.
<br />C. The proposed General Plan Amendment will not adversely affect the public
<br />health, safety, and welfare in that the General Plan Amendment will not
<br />result in incompatible land uses on adjacent properties, inconsistencies with
<br />any General Plan goals or policies, or adverse impacts to the environment.
<br />Section 6. INDEMNIFICATION. The Applicant shall indemnify, protect,
<br />defend and hold the City and/or any of its officials, officers, employees, agents,
<br />departments, agencies, authorized volunteers, and instrumentalities thereof, harmless
<br />from any and all claims, demands, lawsuits, writs of mandamus, and other and
<br />proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in
<br />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
<br />be 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
<br />Applicant of any Action brought and City shall cooperate with Applicant in the defense
<br />of the Action.
<br />Section 7. CITY COUNCIL ACTION: The City Council hereby takes the
<br />following action:
<br />The City Council approves General Plan Amendment No. 2020-02
<br />as set forth in Exhibit A, attached hereto and incorporated herein
<br />by reference, subject to compliance with the adopted Mitigation
<br />Monitoring and Reporting Program, and upon satisfaction of the
<br />conditions set forth below:
<br />A. Subject to compliance with the Mitigation Monitoring and Reporting
<br />Program, the Land Use Element map and text shall be amended to read as
<br />set forth in Exhibit A, attached hereto and incorporated herein by reference.
<br />B. The General Plan Amendment shall not take effect unless and until
<br />Environmental Impact Report No. 2020-01 is certified and Amendment
<br />Application No. 2020-02 is approved by the City Council.
<br />Resolution No. 2020-066
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