|
demands for parking and traffic impacts. Pursuant to
<br />California Government Code Section 65915 (p)(1)
<br />residential developments providing eleven percent on -
<br />site affordable housing units at very -low income levels
<br />are entitled to provide on -site parking at the ratio of 1 stall
<br />for studio or one -bedroom units, and 2 stalls for two -
<br />bedroom units, inclusive of handicapped and guest
<br />parking. To address the parking reduction requested by
<br />the applicant pursuant to State Housing Law, the
<br />Applicant prepared a parking study and parking
<br />management plan (PMP). The PMP adequately outlines
<br />measurable means to provide additional parking through
<br />additional onsite valet parking, offsite parking, or a
<br />combination thereof, raising the effective parking ratios to
<br />a minimum of 2.15 parking spaces per residential unit if
<br />fully implemented.
<br />Section 2. 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, and other and proceedings (whether legal,
<br />equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute
<br />resolution procedures (including, but not limited to arbitrations, mediations, and such
<br />other procedures), judgments, orders, and decisions (collectively "Actions"), brought
<br />against the City and/or any of its officials, officers, employees, agents, departments,
<br />agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set
<br />aside, void, or annul, any action of, or any permit or approval issued by the City and/or
<br />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
<br />Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other
<br />federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or
<br />any decision of a court of competent jurisdiction. It is expressly agreed that the City
<br />shall have the right to approve, which approval will not be unreasonably withheld, the
<br />legal counsel providing the City's defense, and that Applicant shall reimburse the City
<br />for any costs and expenses directly and necessarily incurred by the City in the course
<br />of the defense. City shall promptly notify the Applicant of any Action brought and City
<br />shall cooperate with Applicant in the defense of the Action.
<br />Section 3. In accordance with the California Environmental Quality Act
<br />(CEQA), the City Council of the City of Santa Ana has, as a result of its consideration of
<br />the record as a whole and the evidence presented at the hearings on this matter,
<br />determined that, as required pursuant to the California Environmental Quality Act
<br />(CEQA) and the State CEQA Guidelines, Environmental Review No. 2019-85 meets all
<br />the requirements of CEQA:
<br />Resolution No. 2020-xx
<br />75A-29 Page 5 of 18
<br />
|