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certified in 2014 in order to address the potential environmental impacts associated with
<br />the Harbor Mixed Use Plan. A mitigation monitoring and reporting program (MMRP),
<br />findings of fact, and a statement of overriding consideration were adopted with the 2014
<br />EIR. As proposed, the development is not anticipated to have additional environmental
<br />impacts not addressed in the 2014 EIR. Therefore, no additional environmental review
<br />will be required. Based on this analysis, a Notice of Exemption, Environmental Review
<br />No. 2022-12 will be filed for this project. However, all applicable mitigation measures in
<br />the original EIR and associated MMRP will be enforced.
<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 City Council of the City of Santa Ana, after conducting the public
<br />hearing, hereby approves Density Bonus Agreement No. 2023-02 as conditioned in Exhibit
<br />A attached hereto and incorporated as though fully set forth herein. This decision is based
<br />upon the evidence submitted at the above said hearing, which includes, but is not limited to:
<br />the Request for Planning Commission Action dated September 25, 2023, and exhibits
<br />attached thereto; the Request for City Council Action dated November 21, 2023, and
<br />exhibits attached thereto; and the public testimony, written and oral, all of which are
<br />incorporated herein by this reference.
<br />[Signatures on the following page]
<br />Resolution No. 2023-XXX
<br />Page 6 of 12
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