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SECTION 8. The 2010 EIR and the 2020 Addendum, and any other documents <br />and materials that constitute the record of proceedings upon which these findings have <br />been based are on file, are incorporated herein by reference and are available for public <br />review at Santa Ana City Hall, Planning and Building Agency, M20, 20 Civic Center <br />Resolution No. 2020-32 <br />Page 4 of 8 <br />SECTION 4. The Planning Commission hereby finds that mitigation measures <br />identified in the 2010 EIR remain applicable to the Transit Zoning Code. These findings <br />are laid out more specifically in the Mitigation Monitoring and Reporting Program <br />(“MMRP”) attached hereto as Exhibit A. The Planning Commission therefore hereby <br />adopts those mitigation measures identified as remaining applicable to the Transit <br />Zoning Code, through the MMRP attached hereto and incorporated herein as Exhibit A. <br />Applicant shall be solely responsible for the implementation of all mitigation measures in <br />the MMRP applicable to any aspect of the proposed mixed-use development project. <br />SECTION 5. The Planning Commission hereby approves and adopts the 2020 <br />Third and Broadway Addendum related to Variance No. 2020-05 and Tentative Parcel <br />Map No. 2020-02, attached hereto and incorporated herein as Exhibit B. <br />SECTION 6. The Applicant shall indemnify, protect, defen d 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 (wh ether <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 (collectivel y “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 app roval 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 u nder the <br />Ralph M. Brown Act, California Environmental 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, r ule, <br />regulation, or any decision of a court 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 Applica nt 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 Applicant in the defense of the Action. <br />SECTION 7. The Planning Commission directs staff to prepare, execute and file <br />a CEQA Notice of Determination with the Orange County Clerk’s Office within five <br />working days of the Planning Commission’s approval of Variance No. 2020-05 and <br />Tentative Parcel Map No. 2020-02 for the Third and Broadway Mixed-Use Development <br />Project.