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a community room. In order to maintain the current proposed
<br />unit count and offer the proposed site amenities, the
<br />developer would be required to provide new construction
<br />(rather than adaptive reuse), further increasing development
<br />costs.
<br />When analyzed cumulatively, the two requested concessions
<br />could be avoided if the project were designed on a different
<br />site, using a different site plan, or demolished a cultural
<br />resource. If the project were designed with a subterranean
<br />parking structure, designed with reduced massing (one less
<br />- level), or designed to demolish and replace the one-story
<br />portion of the historic building, additional area on site would
<br />become available to allow for the undergrounding the
<br />overhead utilities, and would allow the project to meet the
<br />required height requirement. However, these changes would
<br />reduce the number of units that could be constructed on the
<br />site and therefore reduce the number of affordable housing
<br />units that would result from the project. In addition, the
<br />changes would increase development costs and reduce the
<br />financial feasibility of redeveloping the site, resulting in the
<br />affordable housing project becoming financially infeasible due
<br />to the significantly increased financial implications.
<br />10. The Applicant agrees to indemnify, hold harmless, and defend the City of
<br />Santa Ana, its officials, officers, agents, and employees, from any and all
<br />liability, claims, actions or proceedings that may be brought arising out of its
<br />approval of this project, and any approvals associated with the project,
<br />including, without limitation, any environmental review or approval, except to
<br />the extent caused by the sole negligence of the City of Santa Ana.
<br />Section 2. In accordance with the California Environmental Quality Act, the
<br />recommended action is exempt from further review under Section 15194 (Affordable
<br />Housing Exemption), as this project meets all the required criteria as a 100-percent
<br />affordable/permanent supportive housing development. Based on this analysis, a Notice of
<br />Exemption, Environmental Review No. 2022-05 will be filed for this project.
<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,
<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 />Resolution No. 2022-14
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