|
accordance with the provisions of State Density Bonus Law and SAMC
<br />Section 41-1607, as conditioned.
<br />Section 2. Pursuant to the California Environmental Quality Act (CEQA) and
<br />CEQA Guidelines, the proposed Project is exempt from further environmental review
<br />under Section 15168 (Program EIR). This exemption applies when a previously certified
<br />Program Environmental Impact Report (Program EIR) has adequately analyzed the
<br />environmental effects of an activity, and no new significant impacts would result from the
<br />proposed Project. If the proposed Project remains within the scope of the Program EIR
<br />and does not require a subsequent Environmental Impact Report (EIR), no additional
<br />environmental documentation is required. Therefore, a Notice of Exemption,
<br />Environmental Review No. 2023-94, will be filed for the Project.
<br />Section 3. The Applicant shall indemnify, protect, defend and hold the City and/or
<br />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, at its regular meeting, hereby
<br />approves Density Bonus Agreement No. 2025-03 as contained in Exhibit A, attached hereto
<br />and incorporated as though fully set forth herein. This approval is based on the written
<br />materials submitted, including: the Request for Planning Commission Action dated June 23,
<br />2025; and the Request for City Council Action dated July 15, 2025, and their respective
<br />exhibits.
<br />Section 5. This resolution shall take effect immediately upon its adoption by the
<br />City Council, and the City Clerk shall attest to and certify the vote adopting this resolution.
<br />ADOPTED this day of , 2025.
<br />
|