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Resolution No. 2021-07
<br />Page 6 of 10
<br />Section 2. In accordance with the California Quality Environmental Act
<br />(CEQA), the recommended action is exempt from CEQA per Section 15194 (Affordable
<br />Housing Exemption). This exemption applies to development projects for affordable
<br />housing that meet the threshold criteria set forth in Section 15192; are not located on a
<br />site more than five acres in area; are located within an urbanized area with a population
<br />density of at least 5,000 persons per square mile, and immediately adjacent to qualified
<br />urban uses; and that consist of the construction of 100 or fewer residential housing units
<br />that are affordable to low-income households. Therefore, no additional environmental
<br />review is required. Based on this analysis, a Notice of Exemption, Environmental
<br />Review No. 2019-108 will be filed for this project.
<br />Section 3. The Applicant shall indemnify, protect, defend and hold the City
<br />and/or any of its officials, officers, employees, agents, departments, agencies,
<br />authorized volunteers, and instrumentalities thereof, harmless from any and all claims,
<br />demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether
<br />legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative
<br />dispute resolution procedures (including, but not limited to arbitrations, mediations, and
<br />such other procedures), judgments, orders, and decisions (collectively “Actions”),
<br />brought against the City and/or any of its officials, officers, employees, agents,
<br />departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to
<br />modify, set aside, void, or annul, any action of, or any permit or approval issued by the
<br />City and/or any of its officials, officers, employees, agents, departments, agencies, and
<br />instrumentalities thereof (including actions approved by the voters of the City) for or
<br />concerning the project, whether such Actions are brought under the Ralph M. Brown
<br />Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision
<br />Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or
<br />local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a
<br />court of competent jurisdiction. It is expressly agreed that the City shall have the right to
<br />approve the legal counsel providing the City’s defense, and that Applicant shall
<br />reimburse the City for any costs and expenses directly and necessarily incurred by the
<br />City in the course of the defense. City shall promptly notify the Applicant of any Action
<br />brought and City shall cooperate with Applicant in the defense of the Action.
<br />Section 4. The Planning Commission of the City of Santa Ana, after conducting
<br />the public hearing, hereby approves Density Bonus Agreement No. 2020-02 as
<br />conditioned for the construction of an affordable 17-unit rental residential community for
<br />the project located at 801, 807, 809 and 809 ½ East Santa Ana Boulevard, as conditioned
<br />in Exhibit A, attached hereto and incorporated herein. This decision is based upon the
<br />evidence submitted at the above-referenced hearing, which includes, but is not limited
<br />to: the Request for Planning Commission Action dated March 22, 2021, and exhibits
<br />attached thereto; and the public testimony, written and oral, all of which are
<br />incorporated herein by this reference.
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