|
jmf 6-7-21
<br />Resolution No. 2021-13
<br />Page 3 of 6
<br />the Land Use Element (to protect and enhance development
<br />sites that are unique community assets). In addition,
<br />approval of the variance is consistent with the intent and
<br />purpose of Goals 1 and 2 of the Urban Design Element (to
<br />improve the physical appearance of the City through creating
<br />a sense of place, positive community image, and quality
<br />environment, and to improve the physical appearance of the
<br />City through development that is proportional and
<br />aesthetically related to its district setting).
<br />
<br />Section 2. In accordance with the California Environmental Quality Act (CEQA)
<br />and the CEQA Guidelines, the project is categorically exempt from further review per
<br />Section 15301 (Class 1 – Existing Facilities). Class 1 exemption applies to the operation,
<br />repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or
<br />private structures, facilities, mechanical equipment, or topographical features, involving
<br />negligible or no expansion of use beyond that existing at the time of the lead agency's
<br />determination. Based on this analysis, a Notice of Exemption, Environmental Review
<br />No. 2021-36, will be filed for this project.
<br />
<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, 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 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 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 the
<br />City in the course of the defense. City shall promptly notify the Applicant of any Action
<br />brought and City shall cooperate with Applicant in the defense of the Action.
<br />
<br /> Section 4. The Planning Commission of the City of Santa Ana, after
<br />conducting the public hearing, hereby approves Variance No. 2021-01, as conditioned
<br />in Exhibit A, attached hereto and incorporated herein, for the project located at 3630
<br />Westminster Avenue. This decision is based upon the evidence submitted at the above-
<br />referenced hearing, including but not limited to: The Request for Planning Commission
|