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Packet_10-20-21
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Packet_10-20-21
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<br /> Resolution No. 2021-XXX <br />Page 3 of 7 <br />Development Project Review No. 2019-01 and TPM-2019-01. <br /> <br />6. That the design or improvements of the proposed project will not <br />conflict with easements necessary for public access through or use <br />of the property within the proposed project. <br /> <br />The design or improvements of the proposed project will not <br />conflict with easements necessary for public access through <br />or use of the property within the proposed project since the <br />existing and recorded easements for the property have been <br />considered as part of the review. The conceptual design of all <br />construction for the property will not affect the right-of-way for <br />road purposes, over the Northerly 20 feet of the property, as <br />reserved in deeds of record; the existing easement for road <br />and incidental purposes recorded in Book 314, Page 59, of <br />the Official Records; and the existing easement granted to <br />The City of Santa Ana as a perpetual easement for sanitary <br />sewer in Book 9075, Page 56, of the of the Official Records. <br />The perpetual easement for sanitary sewer lies within Orange <br />Road or lies immediately South of and/or adjacent to the <br />Southerly line of Orange Road, 30 feet in width. The applicant <br />is not requesting abandonment of said easements and all <br />records of the easements will be recorded under the new <br />subdivision. <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 15315 (Class 15 – Minor Land Divisions). Class 15 exemption allows for the <br />division of property in urbanized areas zoned for residential use into four or fewer parcels <br />when the division is in conformance with the General Plan and zoning, no variances or <br />exceptions are required, all services and access to the proposed parcels to local standards <br />are available, the parcel was not involved in a division of a larger parcel within the previous <br />2 years, and the parcel does not have an average slope greater than 20 percent. As <br />proposed, the project will not require additional discretionary approval for the construction of <br />the new residential structures. The existing Single-Family Residential (R-1) zoning <br />designation and Low-Residential (LR-7) General Plan Land Use designation are consistent <br />and require no further modification. Based on this analysis, Notice of Exemption, <br />Environmental Review No. 2019-03 will be filed for this project. <br /> <br />Section 3. The Applicant shall indemnify, protect, defend and hold the City and/or <br />any of its officials, officers, employees, agents, departments, agencies, authorized <br />volunteers, and instrumentalities thereof, harmless from any and all claims, demands, <br />lawsuits, writs of mandamus, referendum, and other 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,
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