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concrete, roadways, surrounding buildings and human activity. Mitigation measures in <br />the Mitigation Monitoring and Reporting Program will prevent any significant adverse <br />effects resulting from removal of existing trees on the project site on wildlife resources <br />or ecological habitats. However, pursuant to Fish and Game Code § 711.2 and Title <br />XIV, CCR § 735.5, the payment of Fish and Game Department filing fees in conjunction <br />with this project is at the discretion of the State of California Department of Fish and <br />Wildlife. <br />Section 3. Pursuant to Public Resources Code section 21081.6, the City <br />Council hereby adopts the Mitigation Monitoring and Reporting Program attached <br />hereto as Exhibit A and incorporated herein by this reference as a condition of approval <br />of the project. The City finds that Mitigation Monitoring and Reporting Program is <br />designed to ensure that, during the implementation of the Project, the City and any <br />other responsible parties implement the components of the Project and comply with the <br />mitigation measures identified in the Mitigation Monitoring and Reporting Program. <br />Section 4. The City Council of the City of Santa Ana after conducting the <br />public hearing hereby approves: <br />A. Mitigated Negative Declaration and Mitigation Monitoring and Reporting <br />Program, Environmental Review No. 2015-09. <br />B. General Plan Amendment No. 2016-02. <br />C. Tentative Tract Map No. 2016-02 as conditioned (Exhibit B). <br />These decisions are based upon the evidence submitted at the above said <br />hearing, which includes, but is not limited to: the Request for Council Action dated May <br />3, 2016, and exhibits attached hereto; and the public testimony, written and oral, all of <br />which are incorporated herein by this reference. <br />Section 5. This Resolution shall not be effective unless and until Ordinance No. <br />NS -2899 (AA No. 2016-02) becomes effective. If said ordinance is for any reason held to <br />be invalid or unconstitutional by the decision of any court of competent jurisdiction, or <br />otherwise do not go into effect for any reason, then this resolution shall be null and void <br />and have no further force and effect. <br />Section 6. The applicant agrees to indemnify, hold harmless, and defend the <br />City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, <br />claims, actions or proceedings that may be brought arising out of its approval of this <br />project, and any approvals associated with the project, including, without limitation, any <br />environmental review or approval, except to the extent caused by the sole negligence of <br />the City of Santa Ana. <br />Resolution No. 2016-029 <br />Page 5 of 17 <br />