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Resolution No. 2020-30
<br />Page 4 of 8
<br />enhance the City’s economic and fiscal viability, to preserve
<br />and improve the character and integrity of existing
<br />neighborhoods and to protect and enhance development
<br />sites and districts which are unique community assets that
<br />enhance the quality of life. Redevelopment of the super
<br />block into two development sites with a new sidewalk and
<br />street grid will link the existing Artist Village and west-end
<br />commercial uses with the rest of Downtown to help activate
<br />the area. The development will rehabilitate a property that is
<br />underutilized and will increase capital investment.
<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
<br />claims, demands, lawsuits, writs of mandamus, and other and proceedings (whether
<br />legal, equitable, declaratory, admi nistrative 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 an d/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 it s 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 E nvironmental Quality Act, the Planning and Zoning
<br />Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or
<br />any other federal, state or local constitution, statute, law, ordinance, charter, rule,
<br />regulation, or any decision of a cou rt of competent jurisdiction. It is expressly agreed
<br />that the City shall have the right to approve, which approval will not be unreasonably
<br />withheld, the legal counsel providing the City’s defense, and that Applicant shall
<br />reimburse the City for any costs and expenses directly and necessarily incurred by
<br />the City in the course of the defense. City shall promptly notify the Applicant of any
<br />Action brought and City shall cooperate with Applican t in the defense of the Action.
<br />Section 3. In accordance with the California Environmental Quality Act
<br />(CEQA), the Planning Commission of the City of Santa Ana hereby finds, determines,
<br />and declares as follows:
<br />Based on the substantial evidence set forth in the record, including but not
<br />limited to the 2010 EIR and the 2020 Third and Broadway Addendum, the
<br />Planning Commission finds that an addendum is the appropriate document for
<br />disclosing the changes to the subject properties, and that none of the conditions
<br />identified in Public Resources Code section 21166 and State CEQA Guidelines
<br />section 15162 requiring subsequent environmental review have occurred,
<br />because:
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