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other open space uses. 2. The creation of additional public open space or park area implements the City's Open Space, Parks and Recreation Element Goal 1 of providing sufficient open space to meet the recreational and aesthetic needs of the community. Furthermore the City's Land Use Element Goal 1 promotes for a balance of land uses to address basic community needs and Policy 1.7 calls for the support of open space in under -served areas, such as the project site. The change to an Open Space land use designation will provide an additional 45,911 square feet or 1.1 acres towards public parkland; assisting the City towards achieving its goal of a minimum two acres of public parkland per 1,000 resident population. F. The City Council has weighed and balanced the General Plan's policies, both new and old, and has determined that based upon this balancing that General Plan Amendment No. 2016-03 is consistent with the purpose of the general plan. Section 2. The City Council has reviewed and considered the information contained in the CEQA analysis prepared with respect to this project. The City Council has, as a result of its consideration of the record as a whole and the evidence presented at the hearing on this matter, determined that, as required pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, General Rule Exemption No. 2016-26 meets all requirements of CEQA. Section 3. The City Council of the City of Santa Ana after conducting the public hearing hereby approves General Plan Amendment No. 2016-03. The amendments to the Land Use Element are attached hereto as Exhibit "A" and incorporated herein by this reference 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 Council Action dated February 21, 2017, and exhibits attached hereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. Section 4. This Resolution shall not be effective unless and until Ordinance No. NS -2913 (AA No. 2016-03) becomes effective. If said ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise do not go into effect for any reason, then this resolution shall be null and void and have no further force and effect. Section 5. 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 sole negligence of the City of Santa Ana. Section 6. 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 Planning and Building Agency shall give direct notice to the Applicant of the City Council's decisions and these findings. Resolution No. 2017-010 Page 2 of 9