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designed to ensure compatibility between the residential and non-
<br />residential uses on site. The commercial uses have separate
<br />entrances from the residential uses, and the parking management
<br />plan will manage parking between the residential and
<br />nonresidential uses. Each building has a dedicated move -in and
<br />commercial loading area that will be screened with roll -up doors
<br />and controlled by the property management company. On site
<br />lighting will be consistent with Santa Ana Municipal Code Chapter 8
<br />(Security Ordinance).
<br />Section 2. 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
<br />claims, demands, lawsuits, writs of mandamus, and other and proceedings (whether
<br />legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative
<br />dispute resolution procedures (including, but not limited to arbitrations, mediations,
<br />and 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
<br />to modify, set aside, void, or annul, any action of, or any permit or approval issued by
<br />the City and/or any of its officials, officers, employees, agents, departments,
<br />agencies, and instrumentalities thereof (Including actions approved by the voters of
<br />the City) for or concerning the project, whether such Actions are brought under the
<br />Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning
<br />Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or
<br />any other federal, state or local constitution, statute, law, ordinance, charter, rule,
<br />regulation, or any decision of a court of competent jurisdiction. It is expressly agreed
<br />that the City shall have the right to approve, which approval will not be unreasonably
<br />withheld, 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
<br />the City in the course of the defense. City shall promptly notify the Applicant of any
<br />Action brought and City shall cooperate with Applicant in the defense of the Action.
<br />Section 3. In accordance with the California Environmental Quality Act
<br />(CEQA), the project has been determined to be adequately evaluated in the previously
<br />certified Environmental Impact Report (EIR) No. 2006-01 (SCH No. 2006031041) and
<br />Subsequent EIR SEIR No. 2018-15 as per Sections 15162 and 15168 of the CEQA
<br />guidelines. All mitigation measures in EIR No. 2006-01 and SEIR No. 2018-15 and
<br />associated Mitigation Monitoring and Reporting Program (MMRP) will be enforced and
<br />apply to the proposed project. In addition, a traffic impact analysis dated July 30, 2020
<br />was also prepared by Linscott Law and Greenspan which analyzed the project's
<br />impacts on 25 intersections. The off -site improvements listed the Traffic Impact Analysis
<br />shall be implemented. A health risk assessment (HRA) was prepared to identify any
<br />impacts from developing a residential community near a major freeway. The HRA finds
<br />that a less than significant impact to project residents would occur due to the project's
<br />proximity to a major freeway.
<br />Resolution No. 2020-38
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