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Resolution No. 2022-27
<br />Page 4 of 8
<br />consistent with Policy LU – 3.1 as it supports development
<br />that provides a net community benefit and contributes to
<br />neighborhood character as the church offers a variety of
<br />programs to the community. These programs include tutoring,
<br />mentorship for new mothers, after-school programs, spiritual
<br />support to Orange County Men’s Central Jail, and would host
<br />seasonal events available to residents which not only benefit
<br />the immediate community but also Santa Ana as a whole. In
<br />offering such programs, the church is also creating spaces of
<br />gathering, which supports Policy LU – 2.3.
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<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). The Class 1 exemption applies to the
<br />permitting, leasing, licensing, or minor alteration of existing private structures, facilities,
<br />or mechanical equipment, involving negligible or no expansion of existing or former use.
<br />Based on this analysis, a Notice of Exemption, Environmental Review No. 2022-61 will
<br />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, 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 />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 Act,
<br />California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map
<br />Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local
<br />constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of
<br />competent jurisdiction. It is expressly agreed that the City shall have the right to approve
<br />the legal counsel providing the City’s defense, and that Applicant shall reimburse the City
<br />for any costs and expenses directly and necessarily incurred by the City in the course of
<br />the defense. City shall promptly notify the Applicant of any Action brought and City shall
<br />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 Conditional Use Permit No. 2022-13, as conditioned
<br />in Exhibit A, attached hereto and incorporated herein. This decision is based upon the
<br />evidence submitted at the above said hearing, which includes, but is not limited to the
<br />Request for Planning Commission Action dated August 22, 2022, and exhibits attached
<br />thereto; and the public testimony, all of which are incorporated herein by this reference.
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