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7050.5 shall be followed, preservation in place shall be the preferred treatment,
<br /> and confidentiality of the discovery shall be maintained.
<br /> The IS/MND's analysis determined that the above-mentioned environmental
<br /> categories would cause no substantial adverse change to the environment with the
<br /> inclusion of the enforceable mitigation measures, that would be adopted by the City.
<br /> Based on the whole of the administrative record, including the Initial Study, Mitigated
<br /> Negative Declaration, and Mitigation Monitoring and Reporting Program, the City Council
<br /> finds that the proposed Project will not have a significant effect on the environment with
<br /> implementation of the adopted mitigation measures, and hereby adopts the IS/MND and
<br /> MMRP in conjunction with approval of this tentative tract map. Based on this analysis, a
<br /> Notice of Determination, Environmental Review No. 2023-25, will be filed for this project.
<br /> Section 3. This Resolution shall not be effective unless and until the City Council
<br /> Ordinance for ZOA No. 2026-02 is adopted and becomes effective. If said Ordinance is
<br /> for any reason held to be invalid or unconstitutional by the decision of any court of
<br /> competent jurisdiction, or otherwise does not go into effect for any reason, then this
<br /> Resolution shall be null and void and have no further force and effect.
<br /> Section 4. 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 5. The City Council of the City of Santa Ana, after conducting the public
<br /> hearing, hereby approves CUP No. 2026-03, as conditioned in Exhibit A, to be effective
<br /> upon the effective date of Zoning Ordinance Amendment No. 2026-02, attached hereto
<br /> and incorporated herein. This decision is based upon the evidence submitted at the above
<br /> said hearing, which includes, but is not limited to, the Request for City Council Action
<br /> dated April 21, 2026, and exhibits attached thereto, and the public testimony, all of which
<br /> are incorporated herein by this reference
<br /> Resolution No. 2026-009
<br /> Page 6 of 12
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