2014-060 - Adopting Findings Pursuant to the California Environmental Quality Act

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Section 9. Indemnification. The applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this project, and any approvals associated with the Project, including, without limitation, any CEQA review or approval, except to the extent caused by the negligence of the City of Santa Ana. Section 10. Wildlife Resources. Pursuant to Title XIV, California Code of Regulations (CCR) § 735.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed Project will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed Project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and Game Code § 711.2 and Title XIV, CCR § 735.5, the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 11. Approvals. Based on the entire record before the City Council, all written and oral evidence presented, the CEQA Findings, and the Mitigation Monitoring Program, all attached and incorporated herein as Exhibit A and Exhibit B to this Resolution, the City Council of the City of Santa Anan hereby: A. Adopts the CEQA findings, certifies Final Environmental Impact Report No. 2011 -01 (SCH# 2008041172), and approves the mitigation monitoring program for the Sexlinger Farmhouse and Orchard. B. Approves Variance No. 2012 -04(a) as conditioned in Exhibit "C" attached hereto and incorporated herein. C. Approves Variance No. 2012 -04(b) as conditioned in Exhibit "D" attached hereto and incorporated herein. D. Approves Vesting Tentative Tract Map No. 2012 -02 (County Map No. 17231) as conditioned in Exhibit "E" attached hereto and incorporated herein. These decisions are based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Council Action dated September 2, 2014, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. Section 12. Judicial Review. This decision rendered by the City Council of the City of Santa Ana is final and is subject to judicial review pursuant to California Code of Civil Procedure section 1094.6. The Clerk of the Council shall give direct notice to the applicant of the Council's decision and these findings. Section 13. Location of Documents and Custodian of Records. The documents and materials that constitute the record of proceedings on which the CEQA Findings in Resolution No. 2014 -060 Page 10 of 12