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Policy 1.3 of the Housing Element that promotes a complementary mix of land uses that
<br />improves the character and stability of neighborhoods.
<br />Further, the proposed project will take place within city limits and is on a project
<br />site that is less than five acres in size and is surrounded by urban areas. The project
<br />site has no value as habitat for endangered, rare, or threatened species and is not
<br />identified in the General Plan as having such value. Approval of the project will not
<br />result in any significant effects relating to traffic, noise, air quality, or water quality. The
<br />City's Planning Division and Public Works Agency have reviewed the proposed project
<br />and have determined that the amount of traffic, noise, air quality impacts, and water
<br />quality impacts are below thresholds that would warrant further analyses.
<br />Finally, the site will be served by all required utilities and public services as it is
<br />located within a heavily -urbanized area on First Street adjacent to major freeways.
<br />Based on this analysis, a Notice of Exemption for Environmental Review No. 2021-116
<br />will be filed for this project.
<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 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 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 />Section 4. The Planning Commission of the City of Santa Ana, after conducting
<br />the public hearing, hereby approves Tentative Tract Map No. 2022-02 as conditioned in
<br />"Exhibit A", attached hereto and incorporated as though fully set forth herein. This
<br />decision is based upon the evidence submitted at the above said hearing, which includes,
<br />but is not limited to: the Request for Planning Commission Action dated June 27, 2022,
<br />and exhibits attached thereto; and the public testimony, written and oral, all of which are
<br />incorporated herein by this reference.
<br />Resolution No. 2022-24
<br />Page 4 of 9
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