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Program attached hereto as Exhibit C and incorporated herein by this reference. The <br />City finds that the Mitigation Monitoring Program is -designed to ensure that, during the <br />Implementation of the Project, the City and any other responsible parties implement the <br />components of the Project and comply with the mitigation measures identified in the <br />Mitigation Monitoring Program. <br />Section 6. Wildlife Resources. Pursuant to Title XIV, California Code 'of <br />,Regulations (CCR) § 735.5(c)(1), the City Council has determined that, after <br />considering the record as a whole, there is no evidence that the proposed Project will <br />have the potential for any adverse effect on wildlife resources or the ecological habitat <br />upon Which wildlife resources depend. The proposed Project exists in., an urban <br />environment characterized by paved concrete, roadways, surrounding 'buildings and <br />human activity. However, pursuant to Fish and Game Code § 711.2 and Title XIV, CCR. <br />§ 735.5, the payment of Fish and Game Department filing fees in conjunction with this <br />project is at the discretion of the State of California Department of Fish and'1Nildlife. <br />Section 7. Approvals. Based on the entire record before the City Council, all <br />Written and oral evidence presented, the CEQA Findings, the Statement of Overriding <br />Considerations, and the Mitigation Monitoring Program, all attached and incorporated <br />herein as Exhibit A, Exhibit B, and Exhibit'C to this Resolution, the City Council of the <br />City.of Santa Ana hereby: <br />A. Adopts the CEQA findings, adopts the Statement of Overriding <br />'Considerations, and certifies Final Subsequent Environmental <br />Impact Report No. 2018-15, and approves the Mitigation Monitoring <br />Program for the MEMU Overlay Zone Expansion and Elan projects; <br />B. Approves General Plan Amendment No. 2018-03; and, <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 <br />August 21, 2018, and exhibits attached thereto; and the public testimony, written and <br />oral; all of which are incorporated herein by this reference. <br />Section 8. Indemnification. The.Applicant agrees to indemnify, hold harmless, <br />and defend the City of Santa Ana, its officials, officers, agents, and employees, from <br />any and all liability, claims, actions or proceedings that may be brought arising out of its <br />approval of this project, and any approvals associated with the project, including, <br />without limitation, any CEQA review or approval, except.to the extent caused'by the <br />sole.negligence of the City of Santa Ana. <br />Section 9. Ordinances. This Resolution shall not be effective unless and until <br />Ordinance No. NS- (AA No. 2018-06 and ZOA No. 2018-03) and Ordinance No. <br />NS- become effective. If said ordinance is 'for any reason held to be invalid or <br />unconstitutional by the decision of any court of competent jurisdiction, or otherwise does <br />not go .into effect for any reason, then this resolution shall be null and void -and have no <br />furtherforce and effect. <br />Resolution No. 2018-xx <br />75B-22 <br />