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Section 3. In accordance with the California Environmental Quality Act (CEQA)
<br /> and the CEQA Guidelines, the project was reviewed and determined to be categorically
<br /> exempt from further review per Section 15303 (Class 3— New Construction or Conversion
<br /> of Small Structures). Class 3 exemption applies to the construction of accessory
<br /> structures, including, but not limited to, garages, carports, patios, swimming pools, and
<br /> fences. Based on this analysis, a Notice of Exemption, Environmental Review No. 2022-
<br /> 11 will be filed for this project.
<br /> Section 4. The Applicant shall indemnify, protect, defend and hold the City and/or
<br /> 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, and other and proceedings (whether legal, equitable,
<br /> declaratory, administrative or adjudicatory in nature), and alternative dispute resolution
<br /> procedures (including, but not limited to arbitrations, mediations, and such other
<br /> procedures), judgments, orders, and decisions (collectively "Actions"), brought against
<br /> the City and/or any of its officials, officers, employees, agents, departments, agencies,
<br /> and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or
<br /> annul, any action of, or any permit or approval issued by the City and/or any of its officials,
<br /> officers, employees, agents, departments, agencies, and instrumentalities thereof
<br /> (including actions approved by the voters of the City) for or concerning the project,
<br /> whether such Actions are brought under the Ralph M. Brown Act, California
<br /> Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code
<br /> of Civil 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 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 defense,
<br /> and that Applicant shall reimburse the City for any costs and expenses directly and
<br /> necessarily incurred by the City in the course of the defense. City shall promptly notify
<br /> the Applicant of any Action brought and City shall cooperate with Applicant in the defense
<br /> of the Action.
<br /> Section 5. The City Council of the City of Santa Ana hereby denies Appeal
<br /> Application No. 2024-01, thereby upholding the Planning Commission's approval of
<br /> Conditional Use Permit (CUP) No. 2022-06, with a modified condition of approval to
<br /> further clarify and make reference to Santa Ana Municipal Code (SAMC) sections limiting
<br /> the use of the subject site to single-family residence, in Condition No. 8. In addition, the
<br /> City Council directed staff to modify Condition No. 10 to add: "Any modification to,
<br /> trimming of, or replacement of such landscaping shall be reviewed by the Planning
<br /> Division staff for screening value to maintain equal height, density, and scale in order to
<br /> achieve the visual screening of the pavilion from the public right-of-way."This decision is
<br /> based upon the evidence submitted at the above said hearing, which includes, but is not
<br /> limited to: the Request for City Council Action dated November 19, 2024, and exhibits
<br /> attached thereto, including the Response to Appeal Comments for Appeal Application No.
<br /> 2024-01 in Exhibit A of this resolution, and the public testimony, written and oral, all of
<br /> which are incorporated herein by this reference.
<br /> Resolution No. 2024-071
<br /> Page 4 of 16
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