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EXHIBIT 4
<br />In addition, the project is also exempt from further review per Section 15303 (Class 3 —
<br />New Construction or Conversion of Small Structures). The Class 3 categorical exemption
<br />consists of construction and location of limited numbers of new, small facilities or
<br />structures; installation of small new equipment and facilities in small structures; and the
<br />conversion of existing small structures from one use to another where only minor
<br />modifications are made in the exterior of the structure. In urbanized areas, this exemption
<br />applies to apartments, duplexes, and similar structures designed for not more than six (6)
<br />dwelling units. Pursuant to the California Public Resources Code, "Urbanized Area"
<br />includes an incorporated city that has a population of at least 100,000 persons. The City
<br />of Santa Ana exceeds the population requirements, and is therefore considered an
<br />urbanized area. Therefore, the proposed project can be exempt pursuant to the Class 3
<br />exemption, as no more than six (6) unit multi -family residential units are proposed. As
<br />such, a Notice of Exemption, Environmental Review No. 2023-44, will be filed for this
<br />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, authorized
<br />volunteers, and instrumentalities thereof, harmless from any and all claims, demands,
<br />lawsuits, writs of mandamus, referendum, and other proceedings (whether legal,
<br />equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute
<br />resolution procedures (including, but not limited to arbitrations, mediations, and such
<br />other procedures), judgments, orders, and decisions (collectively "Actions"), brought
<br />against the City and/or any of its officials, officers, employees, agents, departments,
<br />agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set
<br />aside, void, or annul, any action of, or any permit or approval issued by the City and/or
<br />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 Act,
<br />California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map
<br />Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local
<br />constitution, 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 approve
<br />the legal counsel providing the City's defense, and that Applicant shall reimburse the City
<br />for any costs and expenses directly and necessarily incurred by the City in the course of
<br />the defense. City shall promptly notify the Applicant of any Action brought and City shall
<br />cooperate with Applicant in the defense of the Action.
<br />Section 4. The City Council of the City of Santa Ana, after conducting the public
<br />meeting, hereby approves Density Bonus Agreement No. 2024-01 as conditioned in Exhibit
<br />A attached hereto and incorporated as though fully set forth herein. This decision is
<br />based upon the evidence submitted at the above said meeting, which includes, but is not
<br />limited to: the Request for City Council Action dated July 16, 2024, and exhibits attached
<br />thereto; and the public comments, written and oral, all of which are incorporated herein by
<br />this reference.
<br />Resolution No. 2024-XX
<br />Page 10 of 12
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