Laserfiche WebLink
Monitoring and Reporting Program and the Statement of Overriding Considerations, and <br />among other things, properly assesses the environmental impact of the Project in <br />accordance with CEQA. This Resolution incorporates by reference the environmental <br />findings and analysis set forth in the Resolution for the Final SEIR (SCH No. <br />2020029087) as if fully set forth herein. <br />Section 3. The City Council of the City of Santa Ana, after conducting the public <br />hearing, hereby approves the Development Agreement No. 2023-02, a true and correct <br />copy of which is attached hereto as Exhibit A and incorporated herein by this reference, <br />and authorizes the City Manager and Clerk of the Council to execute it on behalf of the <br />City with such non -substantive changes as may be authorized by the City Manager and <br />City Attorney. The Clerk of the Council is hereby authorized and directed to cause this <br />Development Agreement No. 2023-02 to be recorded with the County Recorder's Office. <br />Section 4. This Ordinance shall not be effective unless and until the City <br />Council Resolution for Final SEIR No. 2020029087, the Planning Commission <br />Resolution for VTTM No. 2023-01, the City Council Ordinance for AA No. 2023-03, and <br />the City Council Resolution to Overrule the Orange County/John Wayne Airport Land <br />Use Commission's determination of inconsistency are adopted and become effective. If <br />said resolutions and ordinance are for any reason held to be invalid or unconstitutional <br />by the decision of any court of competent jurisdiction, or otherwise do not go into effect <br />for any reason, then this Ordinance shall be null and void and have no further force and <br />effect. <br />Section 5. This Ordinance shall not be effective unless and until the City <br />receives a fully executed copy of the Development Agreement No. 2023-02, including the <br />executed Joinder of the Fee Owners of the Property. If the fully executed copy of the <br />Development Agreement No. 2023-02 is not received by the City Clerk within 30 days of <br />the approval of this Ordinance by the City Council, then this Ordinance shall be null and <br />void and have no further force and effect. <br />Section 6. The documents and materials associated with this Ordinance that <br />constitute the record of proceedings on which these findings are based are located at <br />Santa Ana City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. The City Clerk is the <br />custodian of records for the record of proceedings. <br />Section 7. Pursuant to Government Code Section 66020, the Applicant may <br />protest the imposition of fees, dedications, reservations, or other exactions imposed on <br />this development project by taking the necessary steps and following the procedures <br />established by Sections 66020 through 66022 of the California Government Code. <br />Section 8. 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 claims, <br />demands, lawsuits, writs of mandamus, and other and 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 />Ordinance No. NS- <br />Page 3 of 5 <br />55394.00062\42643158.1 <br />