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<br /> Resolution No. 2025-02
<br />Page 4 of 9
<br />Community Element, which promotes the health and wellness of
<br />all Santa Ana residents. By increasing its capacity, the center will
<br />be able to serve additional members of the community in need,
<br />enabling them to remain healthy and active through the
<br />programs offered. Additionally, the project will create job
<br />opportunities for the additional staff needed to support the
<br />expanded participants, aligning with Goal EP-1 of the Economic
<br />Prosperity Element. This goal seeks to foster a dynamic local
<br />economy that provides and creates employment opportunities for
<br />all residents. Furthermore, granting approval for this request
<br />ensures the center's ability to thrive despite the site's constraints,
<br />consistent with Goal EP-3, which promotes a business-friendly
<br />environment where businesses can grow and succeed.
<br />Therefore, would not adversely affect the General Plan.
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<br />Section 2. Pursuant to the California Environmental Qua lity Act (CEQA) and its
<br />Guidelines, the Project is exempt from further review under Section 15301 (Class 1 –
<br />Existing Facilities). The Project qualifies for this exemption, as it pertains to the operation,
<br />licensing, or minor alteration of private structures with little to no expansion of their existing
<br />or prior use. Although the proposed Project would increase the number of participants and
<br />the parking deficit, it does not involve any expansion of the building’s floor area. As such, a
<br />Notice of Exemption, Environmental Review No. 2017-35, will be filed for this Project.
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<br />Section 3. 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, referendum, and other 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 the
<br />City and/or any of its officials, officers, employees, agents, departments, agencies, and
<br />instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul,
<br />any action of, or any permit or approval issued by the City and/or any of its officials, officers,
<br />employees, agents, departments, agencies, and instrumentalities thereof (including actions
<br />approved by the voters of the City) for or concerning the project, whether such Actions are
<br />brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning
<br />and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5,
<br />or any other federal, state or local constitution, statute, law, ordinance, charter, rule,
<br />regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the
<br />City shall have the right to approve the legal counsel providing the City’s defense, and that
<br />Applicant shall reimburse the City for any costs and expenses directly and necessarily
<br />incurred by the City in the course of the defense. City shall promptly notify the Applicant of
<br />any Action brought and City shall cooperate with Applicant in the defense of the Action.
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<br />Section 4. The Planning Commission of the City of Santa Ana, after conducting the
<br />public hearing, hereby approves Variance No. 2019-2-MOD-1, as conditioned in Exhibit A,
<br />attached hereto and incorporated herein, for the project located at 1800 North Bush Street.
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