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Resolution No. 2025-03
<br />Page 4 of 8
<br />existing development. The Project has been designed to be compatible with
<br />nearby buildings and it is setback from the adjacent residential development
<br />to the northwest of the Project site.
<br />Section 2. Pursuant to the California Environmental Quality Act (CEQA) and the
<br />CEQA Guidelines, the Project is exempt from further review, pursuant to Section 15302
<br />(Class 2) of the CEQA Guidelines (Replacement or Reconstruction), because the Project
<br />is consistent with the applicable general plan designation and applicable general plan
<br />policies, as well as with applicable zoning designation and regulations. Moreover, the
<br />Project meets the criteria for categorically exempt development projects listed in CEQA
<br />Guidelines Section 15302 and it would not have a significant effect on the environment.
<br />The above-mentioned analysis and use of a Class 2 Categorical Exemption is
<br />supplemented by the analysis provided for this Project. Based on this analysis, a Notice
<br />of Exemption, Environmental Review No. 2024-116, 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, and other and proceedings (whether legal, equitable,
<br />declaratory, administrative or adjudicatory in nature), and alternative dispute resolution
<br />procedures (including, but not limited to arbitrations, mediations, and such other
<br />procedures), judgments, orders, and decisions (collectively “Actions”), brought against
<br />the City and/or any of its officials, officers, employees, agents, departments, agencies,
<br />and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or
<br />annul, any action of, or any permit or approval issued by the City and/or any of its officials,
<br />officers, employees, agents, departments, agencies, and instrumentalities thereof
<br />(including actions approved by the voters of the City) for or concerning the Project,
<br />whether such Actions are brought under the Ralph M. Brown Act, California
<br />Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code
<br />of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution,
<br />statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent
<br />jurisdiction. It is expressly agreed that the City shall have the right to approve, which
<br />approval will not be unreasonably withheld, the legal counsel providing the City’s defense,
<br />and that Applicant shall reimburse the City for any costs and expenses directly and
<br />necessarily incurred by the City in the course of the defense. City shall promptly notify
<br />the Applicant of any Action brought and City shall cooperate with Applicant in the defense
<br />of the Action.
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<br />Section 4. The Zoning Administrator of the City of Santa Ana, after conducting the
<br />public hearing, hereby approves Minor Exception No. 2025-02 as conditioned in “Exhibit A”
<br />attached hereto and incorporated as though fully set forth herein for the Project located at
<br />1200 N. Tustin Avenue. This decision is based upon the evidence submitted at the above
<br />said hearing, which includes, but is not limited to: the Request for Zoning Administrator
<br />Action dated June 18, 2025, and exhibits attached thereto; and the public testimony, written
<br />and oral, all of which are incorporated herein by this reference.
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