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Quality Act (CEQA) and the State CEQA Guidelines, Environmental Review No. 2020-
<br />48 meets all the requirements of CEQA.
<br />Section 4. An amended Sectional District Map 10-5-10, showing the above
<br />described changes in use district designation, is hereby approved and attached hereto as
<br />Exhibit A, and incorporated by this reference as though fully set forth herein.
<br />Section 5. The City Council of the City of Santa Ana after conducting the
<br />public hearing hereby approves AA No. 2020-05. 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 December 14, 2020, the Request for
<br />Council Action dated January 19, 2021, and exhibits attached hereto; and the public
<br />testimony, written and oral, all of which are incorporated herein by this reference.
<br />Section 6. The City Council approves AA No. 2020-05 as set forth in Exhibit A
<br />and Exhibit B, attached hereto and incorporated herein by reference, subject to
<br />compliance with the Mitigation Monitoring and Reporting Program, and upon satisfaction
<br />of the conditions set forth below:
<br />A. Subject to compliance with the Mitigation Monitoring and Reporting Program,
<br />the Zoning Map shall be amended to read as set forth in Exhibit A, attached
<br />hereto and incorporated herein by reference.
<br />B. The Amendment Application shall not take effect unless and until Mitigated
<br />Negative Declaration (MND) and Mitigation Monitoring and Reporting
<br />Program (MMRP), Environmental Review No. 2018-48 and General Plan
<br />Amendment (GPA) No. 2020-07 are adopted and approved by the City
<br />Council.
<br />Section 7. 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 />Ordinance No. NS-3001
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