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Resolution No. 2021-xx
<br />Page 6 of 10
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<br />prepared and certified in 2010 in order to address the potential environmental impacts
<br />associated with the Transit Zoning Code. A mitigation monitoring and reporting program
<br />(MMRP), findings of fact, and a statement of overriding consideration were adopted with
<br />the 2010 EIR. As proposed, the development is not anticipated to have additional
<br />environmental impacts not addressed in the 2010 EIR. Therefore, no additional
<br />environmental review will be required. Based on this analysis, a Notice of Exemption,
<br />Environmental Review No. 2019-108 will be filed for this project. All applicable
<br />mitigation measures in the original EIR and associated MMRP will be enforced.
<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 offic ials, 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 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.
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<br />Section 4. The Planning Commission of the City of Santa Ana, after conducting
<br />the public hearing, hereby approves Density Bonus Agreement No. 2020-02 as
<br />conditioned for the construction of an affordable 17-unit rental residential community for
<br />the project located at 801, 807, 809 and 809 ½ East Santa Ana Boulevard, as conditioned
<br />in Exhibit A, attached hereto and incorporated herein. This decision is based upon the
<br />evidence submitted at the above-referenced hearing, which includes, but is not limited
<br />to: the Request for Planning Commission Action dated March 22, 2021, and exhibits
<br />attached thereto; and the public testimony, writ ten and oral, all of which are
<br />incorporated herein by this reference.
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<br />City Council 2 –15 3/22/2021
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