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analysis set forth in the City Council Resolution for FEIR No. 2020029087 as if fully set
<br />forth herein.
<br />Section 3. The City Council of the City of Santa Ana, after conducting the public
<br />hearing, hereby approves VTTM No. 2023-01, as conditioned in Exhibit A, attached hereto
<br />and incorporated herein for the Project at the Project Site, and as illustrated and attached
<br />hereto and incorporated herein as Exhibit B. This decision is based upon the evidence
<br />submitted at the above said hearing, which includes, but is not limited to: The Request for
<br />City Council Staff Report dated September 17, 2024 and October 1, 2024, and exhibits
<br />attached thereto; and the public testimony, written and oral, all of which are incorporated
<br />herein by this reference.
<br />Section 4. This Resolution shall not be effective unless and until the City Council
<br />Resolution for FEI R No. 2020029087, the City Council Ordinance for Development
<br />Agreement No. 2023-02, the City Council Ordinance for Amendment Application No.
<br />2023-03, and the City Council Resolution to overrule of Orange County John Wayne
<br />Airport Land Use Commission's determination of inconsistency for the project are adopted
<br />and become effective. If said resolutions and ordinances are for any reason held to be
<br />invalid or unconstitutional by the decision of any court of competent jurisdiction, or
<br />otherwise do not go into effect for any reason, then this Resolution shall be null and void
<br />and have no further force and effect.
<br />Section 5. The documents and materials associated with this Resolution 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 Planning Manager
<br />is the custodian of records for the record of proceedings.
<br />Section 6. 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 7. 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 />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
<br />Act, California Environmental Quality Act, the Planning and Zoning Law, the
<br />Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other
<br />federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or
<br />any decision of a court of competent jurisdiction. It is expressly agreed that the City
<br />shall have the right to approve the legal counsel providing the City's defense, and that
<br />Resolution No. 2024-055
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