|
F. The zoning designation for the subject property is Specific Development
<br />No. 84, Downtown and Urban Neighborhood-2 sub -zone.
<br />G. The Planning Commission determines that pursuant to SAMC Sections
<br />41-2007 and 41-593.5, the project is in compliance with all applicable
<br />development standards outlined within the Specific Development (SD No.
<br />84/Transit Zoning Code), with the exception of required building size, type,
<br />and massing, which are being considered separately as and subject to
<br />approval of Variance No. 2020-06 and Amendment Application No. 2020-
<br />04.
<br />Section 2. The Applicant shall indemnify, protect, defend and hold
<br />the City and/or any of its officials, officers, employees, agents, departments,
<br />agencies, authorized volunteers, and instrumentalities thereof, harmless from any
<br />and 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.
<br />Section 3. In accordance with the California Environmental Quality Act
<br />(CEQA), the Planning Commission of the City of Santa Ana hereby finds, determines,
<br />and declares as follows:
<br />Based on the substantial evidence set forth in the record, including but not
<br />limited to the 2010 EIR and the 2020 EIR Addendum, the Planning Commission
<br />finds that an addendum is the appropriate document for disclosing the changes
<br />to the subject properties, and that none of the conditions identified in Public
<br />Resources Code section 21166 and State CEQA Guidelines section 15162
<br />requiring subsequent environmental review have occurred, because:
<br />
|