75A - PH - EIR THE HERITAGE 2001 E DYER

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Section 7. Approvals. Based on the entire record before the City Council, all written and oral evidence presented, the CEQA Findings, the Statement of Overriding Considerations, and the Mitigation Monitoring Program, all attached and incorporated herein as Exhibit A, Exhibit B, and Exhibit C to this Resolution, the City Council of the City of Santa Ana hereby; A. Adopts the CEQA findings, adopts the Statement of Overriding Considerations, and certifies Final Environmental Impact Report No. 2015 -01, and approves the mitigation monitoring program for The Heritage project; B. Approves General Plan Amendment No. 2015 -03; and, C. Approves Vesting Tentative Tract Map No. 2015 -03 as conditioned in Exhibit b attached hereto and incorporated herein. These decisions are based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Council Action dated February 2, 2016, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. Section 8. Indemnification. The applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this project, and any approvals associated with the project, including, without limitation, any CEQA review or approval, except to the extent caused by the negligence of the City of Santa Ana. Section 9. Ordinances, This Resolution shall not be effective unless and until Ordinance No. NS- (AA No. 201.4 -04) and Ordinance No. NS- (development Agreement No. 2015 -03) become effective. If said ordinances are for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise do not go into effect for any reason, then this resolution shall be null and void and have no further force and effect. Section 10. Judicial Review. These decisions rendered by the City Council of the City of Santa Ana are final and are subject to judicial review pursuant to California Code of Civil Procedure section 1094.6. The Planning and Building Agency shall give direct notice to the applicant of the City Council's decisions and these findings. Section 11. Location of Documents and Custodian of Records. The documents and materials that constitute the record of proceedings on which the CEQA Findings in Exhibit A of this Resolution have been based are located at 20 Civic Center Plaza, Santa Ana. The custodian for these records is the Santa Ana Clerk of the Council. This information is provided in compliance with Public Resources Code section 21081.6. Resolution No. 2015 -XXX Page 8 of 16 75A -144