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E. On July 15, 2025, the City Council of the City of Santa Ana held a
<br /> regular meeting and considered approval of Density Bonus Agreement
<br /> No. 2025-03.
<br /> F. The City Council hereby approves Density Bonus Agreement No.
<br /> 2025-03. This Agreement allows for the construction of the proposed
<br /> Project in accordance with the provisions of State Density Bonus Law
<br /> and SAMC Section 41-1607, as conditioned.
<br /> Section 2. Pursuant to the California Environmental Quality Act (CEQA) and
<br /> CEQA Guidelines, the proposed Project is exempt from further environmental review
<br /> under Section 15168 (Program EIR). This exemption applies when a previously
<br /> certified Program Environmental Impact Report (Program EIR) has adequately
<br /> analyzed the environmental effects of an activity, and no new significant impacts
<br /> would result from the proposed Project. If the proposed Project remains within the
<br /> scope of the Program EIR and does not require a subsequent Environmental Impact
<br /> Report (EIR), no additional environmental documentation is required. Therefore, a
<br /> Notice of Exemption, Environmental Review No. 2023-94, will be filed for the 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
<br /> claims, demands, lawsuits, writs of mandamus, referendum, and other 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 the
<br /> legal counsel providing the City's defense, and that Applicant shall reimburse the
<br /> City for any costs and expenses directly and necessarily incurred by the City in the
<br /> course of the defense. City shall promptly notify the Applicant of any Action brought
<br /> and City shall cooperate with Applicant in the defense of the Action.
<br /> Section 4. The City Council of the City of Santa Ana, at its regular meeting,
<br /> hereby approves Density Bonus Agreement No. 2025-03 as contained in Exhibit A,
<br /> attached hereto and incorporated as though fully set forth herein. This approval is
<br /> based on the written materials submitted, including: the Request for Planning
<br /> Resolution No. 2025-034
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