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Section 2. The Planning Commission has reviewed and considered the
<br />information contained in the initial study and the Mitigated Negative Declaration (MND),
<br />Environmental Review (ER) No. 2018-83, prepared with respect to this project. The
<br />Planning Commission has, as a result of its consideration and the evidence presented
<br />at the hearings on this matter, determined that, as required pursuant to the California
<br />Environmental Quality Act (CEQA) and the State CEQA Guidelines, the MND
<br />adequately addresses the expected environmental impacts of this project. There is no
<br />evidence from which it can be fairly argued that the project will have a significant
<br />adverse effect on the environment.
<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.
<br />Section 4. The Planning Commission of the City of Santa Ana, after conducting the
<br />public hearing, hereby approves TTM No. 2019-02 as conditioned in Exhibit A, attached
<br />hereto and incorporated as though fully set forth herein. This decision is based upon the
<br />evidence submitted at the above said hearing, which includes, but is not limited to: the
<br />Request for Planning Commission Action dated October 26, 2020, and exhibits attached
<br />thereto, and the public testimony, written and oral, all of which are incorporated herein by
<br />this reference.
<br />Section 5. TTM No. 2019-02 shall not be effective until the City Council reviews and
<br />approves General Plan Amendment No. 2020-04 and Amendment Application No. 2020-
<br />02 for the subject project. If said approvals are held to be invalid or unconstitutional by the
<br />decision of any court of competent jurisdiction, or otherwise denied, then this TTM shall be
<br />null and void and have no further force and effect.
<br />Resolution No. 2020-37
<br />Page 4 of 8
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