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LS 1.22.18 6. The design or improvements of the proposed project will not conflict with easements necessary for public access through or use of the property within the proposed project. The design or improvements of the proposed project will not conflict with easements necessary for public access through or use of the property within the proposed project since there are no public access easements or any other easements located within this property. Section 2. In accordance with the California Environmental Quality Act the recommended action is exempt for further review per Section 15183 as it was subject to a previously prepared Environmental Impact Report (EIR). As part of the City's permitting process, the proposed project is required to undergo an environmental review in accordance with the California Environmental Quality Act (CEQA). In accordance with CEQA, the recommended actions have been reviewed through an Initial Study (ER No. 2016-79). The proposed project has been reviewed through previously certified Environmental Impact Report No. 2006-12. The certified EIR identified a series of impacts resulting from the plan. Several mitigation measures were incorporated into the Final EIR, with the applicable mitigation measures added to the conditions of approval for this project. The analysis studies several topics, including aesthetics, land use, noise, safety, transportation and traffic. Further, the EIR studies the transition of industrially zoned and/or used land for residential purposes, such as what is proposed for this project. A determination has been made that there are no new significant impacts or any project specific significant effects peculiar to this project. Therefore, in accordance with CEQA 15183, no additional environmental review is required as the project is consistent with the development density established by existing zoning and General Plan policies for which the EIR was certified. The previously certified Transit Zoning Code project EIR and Mitigation Monitoring and Reporting Program is the appropriate document for the actions proposed. As a result, Categorical Exemption Environmental Review No. 2016- 79 will be filed for this project. Section 3. The Applicant, by the submittal of a residential development project, is activating the Urban Neighborhood -2 zoning designation for the site as identified in the Transit Zoning Code and is relinquishing all rights granted by the Industrial Overlay (I -OZ) zone designation. Section 4. 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. Resolution No. 2018-01 Page 3 of 8