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EXHIBIT 4
<br /> In addition, the project is also exempt from further review per Section 15303 (Class 3 —
<br /> New Construction or Conversion of Small Structures). The Class 3 categorical exemption
<br /> consists of construction and location of limited numbers of new, small facilities or
<br /> structures, installation of small new equipment and facilities in small structures; and the
<br /> conversion of existing small structures from one use to another where only minor
<br /> modifications are made in the exterior of the structure. In urbanized areas, this exemption
<br /> applies to apartments, duplexes, and similar structures designed for not more than six (6)
<br /> dwelling units. Pursuant to the California Public Resources Code, "Urbanized Area"
<br /> includes an incorporated city that has a population of at least 100,000 persons. The City
<br /> of Santa Ana exceeds the population requirements, and is therefore considered an
<br /> urbanized area. Therefore, the proposed project can be exempt pursuant to the Class 3
<br /> exemption, as no more than six (6) unit multi-family residential units are proposed. As
<br /> such, a Notice of Exemption, Environmental Review No. 2023-44, will be filed for this
<br /> 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 City Council of the City of Santa Ana, after conducting the public
<br /> meeting, hereby approves Density Bonus Agreement No. 2024-01 as conditioned in Exhibit
<br /> A attached hereto and incorporated as though fully set forth herein. This decision is
<br /> based upon the evidence submitted at the above said meeting, which includes, but is not
<br /> limited to: the Request for City Council Action dated July 16, 2024, and exhibits attached
<br /> thereto; and the public comments, written and oral, all of which are incorporated herein by
<br /> this reference.
<br /> Resolution No. 2024-XX
<br /> f 12
<br /> City Council 12 —216 7/ 0 4
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