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Resolution No. 2025-XX
<br />Page 5 of 11
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<br />Urban Design Element
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<br />The proposed Project advances the Urban Design Element by improving
<br />the physical character and livability of the area, consistent with Goal UD-
<br />and Policy UD-1.1. The new three-story building is designed to be
<br />compatible with the scale of surrounding development, supporting Goal
<br />UD-2 and Policy UD-2.2. Landscaped buffers and site planning help
<br />ensure the Project serves as an effective transition between residential
<br />and non-residential land uses. Additionally, the Project enhances the
<br />streetscape along Sullivan and Fifth streets with improved landscaping,
<br />fulfilling Goal UD-3 by creating visually appealing, and sustainable travel
<br />corridors that contribute to a positive community image.
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<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 15332
<br />(Class 32) of the CEQA Guidelines (In-Fill Development Projects), because the Project is
<br />consistent with the applicable General Plan land use designation and applicable General Plan
<br />policies, as well as with applicable zoning designation and regulations. Moreover, the
<br />proposed development occurs within the City limits on a project site of no more than five
<br />acres; the Project site has no value as habitat for endangered, rare or threatened species;
<br />approval of the Project would not result in any significant effects relating to traffic, noise, air
<br />quality, or water quality; and the site can be adequately served by all required utilities and
<br />public services. Based on this analysis, a Notic e of Exemption, Environmental Review No.
<br />2024- 21, will be filed for this Project.
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<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, equitable,
<br />declaratory, administrative or adjudicatory in nature), and alternative dispute reso lution
<br />procedures (including, but not limited to arbitrations, mediations, and such other procedures),
<br />judgments, orders, and decisions (collectively “Actions”), brought against the City and/or any
<br />of its officials, officers, employees, agents, departments, agencies, and instrumentalities
<br />thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or
<br />any permit or approval issued by the City and/or any of its officials, officers, employees,
<br />agents, departments, agencies, and instrumentalities thereof (including actions approved by
<br />the voters of the City) for or concerning the project, whether such Actions are brought
<br />under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning
<br />Law, the 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 any
<br />decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the
<br />right to approve the legal counsel providing the City’s defense, and that Applicant shall
<br />reimburse the City for any costs and expenses directly and necessarily incurred by the City
<br />in the course of the defense. City shall promptly notify the Applicant of any Action brought and
<br />City shall cooperate with Applicant in the defense of the Action.
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<br />Section 4. The Planning Commission of the City of Santa Ana, after conducting the
<br />public hearing, hereby approves Conditional Use Permit No. 76-38-MOD-1, as conditioned in
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