75D - PH - MATER DEI EXPANSION AND PARKING STRUCTURE

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reviewed and considered the information contained in the EIR prior to considering adoption of the Project, and (3) the EIR reflects the independent judgment and analysis of the City Council and is deemed adequate for the purposes of making decisions on the merits of the Project. Section 4, CEQA Facts Findings and Statement of Overriding Considerations. The City hereby adopts the CEQA Facts, Findings, and Statement of Overriding Considerations, which were prepared in accordance with Public Resources Code section 15091 and which are attached hereto as Exhibit A and incorporated herein by this reference as if fully set forth herein. Section 5. Mitigation Monitoring Program. Pursuant to Public Resources Code section 21081.6, the City Council hereby adopts the Mitigation Monitoring Program attached hereto as Exhibit B and incorporated herein by this reference. The City finds that Mitigation Monitoring Program is designed to ensure that, during the implementation of the Project, the City and any other responsible parties implement the components of the Project and comply with the mitigation measures identified in the Mitigation Monitoring Program. Section 6 . Indemnification. The Developer 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 10. Wildlife Resources, Pursuant to Title XIV, California Code of Regulations (CCR) § 7355(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed Project will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed Project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and Game Code § 711.2 and Title XIV, CCR § 735.5, the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 11. Approvals. Based on the entire record before the City Council, all written and oral evidence presented, the CEQA Facts, Findings, and Statement of Overriding Considerations, and the Mitigation Monitoring Program, all attached and incorporated herein as Exhibit A and Exhibit B to this Resolution, the City Council of the City of Santa Anan hereby adopts the CEQA findings, certifies Final Environmental Impact Report No. 2013 -01, and approves the mitigation monitoring program for the Mater Del High School Parking Structure and School Expansion Project. 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 Resolution No. 2016 -xxx 75D -129 Page 4 of 6