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<br />Resolution No. 2019-xx
<br />Page 10 of 12
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<br />has been increased to 90 feet to minimize impacts to the neighboring
<br />single-family residences. The new development will include public art
<br />and convey a sense of place and contribute to the urban image for the
<br />City along a street corridor that includes regional, local and cultural
<br />landmarks. The development will be in scale with the buildings along
<br />Main Street to the north and west of the site. In addition, the Urban
<br />Design Element of the General Plan identifies the site as a Gateway;
<br />the Project promotes elements of a Gateway by developing the site
<br />with a building with attractive architectural features, projecting a
<br />positive image for the City of Santa Ana.
<br />C. The proposed Amendment Application will not adversely affect the public
<br />health, safety, and welfare in that the Amendment Application will not result in
<br />incompatible land uses on adjacent properties, inconsistencies with any
<br />General Plan goals or policies, or adverse impacts to the environment.
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<br />SECTION 5. INDEMNIFICATION. The Applicant shall indemnify,
<br />protect, defend and hold the City and/or any of its officials, officers, employees,
<br />agents, departments, agencies, authorized volunteers, and instrumentalities thereof,
<br />harmless from any and all claims, demands, lawsuits, writs of mandamus, and other
<br />and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory
<br />in nature), and alternative dispute resolution procedures (including, but not limited to
<br />arbitrations, mediations, and such other procedures), judgments, orders, and
<br />decisions (collectively “Actions”), brought against the City and/or any of its officials,
<br />officers, employees, agents, departments, agencies, and instrumentalities thereof,
<br />that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or
<br />any permit or approval issued by the City and/or any of its officials, officers,
<br />employees, agents, departments, agencies, and instrumentalities thereof (including
<br />actions approved by the voters of the City) for or concerning the project, whether
<br />such Actions are brought under the Ralph M. Brown Act, California Environmental
<br />Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil
<br />Procedure sections 1085 or 1094.5, or any other federal, state or local constitution,
<br />statute, law, ordinance, charter, rule, regulation, or any decision of a court of
<br />competent jurisdiction. It is expressly agreed that the City shall have the right to
<br />approve, which approval will not be unreasonably withheld, the legal counsel
<br />providing the City’s defense, and that Applicant shall reimburse the City for any costs
<br />and expenses directly and necessarily incurred by the City in the course of the
<br />defense. City shall promptly notify the Applicant of any Action brought and City shall
<br />cooperate with Applicant in the defense of the Action.
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<br /> SECTION 6 . PLANNING COMMISSION ACTIONS: The Planning Commission
<br />hereby recommends that the City Council adopt an Ordinance approving Amendment
<br />Application No. 2018-10 as follows:
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<br />A. Subject to compliance with the Mitigation Monitoring and Reporting
<br />Program, the property at 2525 North Main Street shall be amended to
<br />2-652
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