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need to be sold to families of moderate income. This project proposes to sale
<br />100-percent of the units to low income households. Moreover, the developer
<br />has provided sufficient legal commitments to ensure continued availability
<br />and use of housing units for lower income households for a period exceeding
<br />30 years. In addition, the project is also exempt from further review per
<br />Section 15303 (Class 3 — New Construction or Conversion of Small
<br />Structures),
<br />The Class 3 categorical exemption consists of construction and location of
<br />limited numbers of new, small facilities or structures; installation of small new
<br />equipment and facilities in small structures; and the conversion of existing
<br />small structures from one use to another where only minor modifications are
<br />made in the exterior of the structure. In urbanized areas, this exemption
<br />applies to apartments, duplexes, and similar structures designed for not more
<br />than six (6) dwelling units.
<br />Pursuant to the California Public Resources Code, "Urbanized Area" includes
<br />an incorporated city that has a population of at least 100,000 persons. The
<br />City of Santa Ana exceeds the population requirements, and is therefore
<br />considered an urbanized area. Therefore, the proposed project can be
<br />exempt pursuant to the Class 3 exemption, as no more than six (6) unit multi-
<br />family residential units are proposed. As such, a Notice of Exemption,
<br />Environmental Review No. 2023-44, will 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 />Resolution No. 2024-036
<br />Page 9 of 11
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