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<br />
<br />Resolution No. 2019-xx
<br />Page 8 of 10
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<br />an opportunity for the establishment of a cohesive, height intensity,
<br />mixed activity center with a strong presence in the region. The setback
<br />along the east side of the project has been increased to 90 feet to
<br />minimize impacts to the neighboring single-family residences. The new
<br />development will include public art and convey a sense of place and
<br />contribute to the urban image for the City along a street corridor that
<br />includes regional, local and cultural landmarks. The development will
<br />be in scale with the buildings along Main Street to the north and west of
<br />the site. In addition, the Urban Design Element of the General Plan
<br />identifies the site as a Gateway; the Project promotes elements of a
<br />Gateway by developing the site with a building with attractive
<br />architectural features, projecting a positive image for the City of Santa
<br />Ana.
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<br />C. The proposed General Plan Amendment will not adversely affect the public
<br />health, safety, and welfare in that the General Plan Amendment will not result in
<br />incompatible land uses on adjacent properties, inconsistencies with any General
<br />Plan goals or policies, or adverse impacts to the environment.
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<br />SECTION 5. INDEMNIFICATION. The Applicant shall indemnify, protect, defend
<br />and hold the City and/or any of its officials, officers, employees, agents, departments,
<br />agencies, authorized volunteers, and instrumentalities thereof, harmless from any and
<br />all claims, demands, lawsuits, writs of mandamus, and other and proceedings
<br />(whether legal, equitable, declaratory, administrative or adjudicatory in nature), and
<br />alternative dispute resolution procedures (including, but not limited to arbitrations,
<br />mediations, and such other procedures), judgments, orders, and decisions
<br />(collectively “Actions”), brought against the City and/or any of its officials, officers,
<br />employees, agents, departments, agencies, and instrumentalities thereof, that
<br />challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any
<br />permit or approval issued by the City and/or any of its officials, officers, employees,
<br />agents, departments, agencies, and instrumentalities thereof (including actions
<br />approved by the voters of the City) for or concerning the Project, whether such
<br />Actions are brought under the Ralph M. Brown Act, California Environmental Quality
<br />Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure
<br />sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law,
<br />ordinance, charter, rule, regulation, or any decision of a court of competent
<br />jurisdiction. It is expressly agreed that the City shall have the right to approve, which
<br />approval will not be unreasonably withheld, the legal counsel providing the City’s
<br />defense, and that Applicant shall reimburse the City for any costs and expenses
<br />directly and necessarily incurred by the City in the course of the defense. City shall
<br />promptly notify the Applicant of any Action brought and City shall cooperate with
<br />Applicant in the defense of the Action.
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<br />SECTION 6 . PLANNING COMMISSION ACTION: The Planning Commission
<br />hereby takes the following action:
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<br />1. The Planning Commission recommends approval of General Plan Amendment
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