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Resolution No. 2022-XXX
<br />Page 6 of 10
<br />5. As explained in the prepared Exemption Checklist, the Project will undertake
<br />feasible mitigation measures specified in the GPU EIR. These GPU EIR mitigation
<br />measures will be undertaken through Project design, compliance with regulations
<br />and ordinances, and through the Project’s conditions of approval.
<br /> E. The Project therefore qualifies for an exemption from additional
<br />environmental review as set forth in Public Resources Code section 21083.3 and CEQA
<br />Guidelines Section 15183. The full exemption analysis is provided as Exhibit 10 of the
<br />Planning Commission staff report accompanying this Resolution. Based on this analysis,
<br />a Notice of Exemption, Environmental Review No. 2021-54 will be filed for this project.
<br />Section 3. Conditional Use Permit No. 2022-14 shall not become effective until
<br />the City Council adopts an ordinance approving Amendment Application No. 2022-01,
<br />changing the subject property’s zoning designation from Professional (P) to Light
<br />Industrial (M1), and said Amendment Application is in full force and effect.
<br />Section 4. 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 5. The Planning Commission of the City of Santa Ana, after conducting
<br />the public hearing hereby approves Conditional Use Permit No. 2022-14, 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 October 10, 2022, and exhibits attached
<br />thereto; and the public testimony, all of which are incorporated herein by this reference.
<br />ADOPTED this 10th day of October 2022 by the following vote:
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<br />10/10/2022
<br />Planning Commission 2 – 20
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