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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 Wildlife.
<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 />further force and effect.
<br />Resolution No. 2018-xx
<br />75A-24
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