RESO 2016-01_3630 Westminster (The Line)

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H. 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 environmental review or approval, except to the extent caused by the negligence of the City of Santa Ana. Section 2. In accordance with the California Environmental Quality Act (CEQA), the recommended action has been determined to be within the scope of the previously certified Environmental Impact Report (EIR) No. 2014 -01, as that program EIR adequately describes this activity for the purposes of CEQA, as per Sections 15162 and 15168 of the CEQA guidelines. It has been determined that no new effects could occur and no new mitigation measures would be required. Thus, a discretionary action can be taken on the proposed project since it is within the scope of the project covered by the previously approved program EIR. The project will comply with all mitigation measures as required by the approved Mitigation Monitoring Program (MMP), as required by the environmental documentation prepared for the Harbor Mixed Use Transit Corridor Plan. As required by the MMP, a site impact analysis was performed to analyze any potential changes in area traffic as a result of the proposed development. The site impact analysis is incorporated herein by this reference. The analysis concluded that no additional significant impacts would trigger the requirement for additional environmental review. Section 3. The Planning Commission of the City of Santa Ana, after conducting the public hearing, hereby approves Site Plan Review No. 2016 -01 as conditioned in Exhibit A attached hereto and incorporated as though fully set forth herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated January 25, 2016, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 25th day of January 2016. Resolution No. 2016 -01 Page 3 of 4