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by this reference. The City finds that the Mitigation Monitoring and Reporting Program
<br />is 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 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 Wildlife.
<br />Section 7. Approvals. Based on the entire record before the City Council, all
<br />written and oral evidence presented, the CEQA Findings of Fact, the Statement of
<br />Overriding Considerations, and the Mitigation Monitoring and Reporting Program, all
<br />attached and incorporated herein as Exhibit A and Exhibit B to this Resolution, the City
<br />Council of the City of Santa Ana hereby:
<br />A. Adopts the CEQA Findings of Fact, adopts the Statement of
<br />Overriding Considerations, and certifies Final Subsequent
<br />Environmental Impact Report No. 2018-15, and approves the
<br />Mitigation Monitoring and Reporting Program for the MEMU
<br />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
<br />("Indemnitees"), from any and all liability, claims, actions or proceedings that may be
<br />brought against Indemnitees concerning this project or approval of the project, including
<br />without limitation any CEQA review or approval, or any of the proceedings, acts or
<br />determinations taken, done or made prior to the decision, or to determine the
<br />reasonableness, legality or validity of any condition attached thereto. The Applicant's
<br />indemnification is intended to include, but not be limited to, damages, fees and/or costs
<br />awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including
<br />without limitation attorneys' fees and other costs, liabilities and expenses incurred by
<br />Indemnitees in connection with such proceeding.
<br />Resolution No. 2018-xx
<br />Page 8 of 13 75A-132
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