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Resolution No. 2020-27
<br /> Page 4 of 8
<br />providing an overall enhanced design along the Main and
<br />17th intersection.
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<br />Section 2. In accordance with the California Environmental Quality Act and the
<br />CEQA Guidelines, the project is exempt from further review per Section 15303 of the
<br />Guidelines. The Class 3 exemption applies to up to four commercial buildings not
<br />exceeding a cumulative total of 10,000 square feet in floor area on sites zoned for such
<br />use, if not involving the use of significant amounts of hazardous substances where all
<br />necessary public services and facilities are available and the surrounding area is not
<br />environmentally sensitive.
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<br />The proposed project is a single building under 6,000 square feet in size, not
<br />anticipated to use significant amount of hazardous substances, is not located within an
<br />environmentally sensitive area, and will have access to all necessary public services
<br />and facilities made available through the City of Santa and Orange County Fire
<br />Authority (OCFA). As a result, Categorical Exemption, Environmental Review No. 2020-
<br />25 will be filed for this project.
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<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 claims,
<br />demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether
<br />legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative
<br />dispute resolution procedures (including, but not limited to arbitrations, mediations, and
<br />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 to
<br />modify, set aside, void, or annul, any action of, or any permit or approval issued by the
<br />City and/or 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.
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<br />Section 4. The Planning Commission of the City of Santa Ana, after conducting
<br />the public hearing, hereby approves Variance No. 2020-01 to allow for a reduction in
<br />required setbacks, as conditioned in Exhibit A, attached hereto and incorporated as
<br />though fully set forth herein. This decision is based upon the evidence submitted at the
<br />above said hearing, which includes, but is not limited to: the Request for Planning
<br />Commission Action dated August 24, 2020, and exhibits attached thereto; and the public
<br />testimony, written and oral, all of which are incorporated herein by this reference.
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