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Section 2. The City Council has reviewed and considered the information <br />contained in the initial study and the negative declaration (ND), Environmental Review <br />No. 2017-24, prepared with respect to this project. The City Council has, as a result of <br />its consideration and the evidence presented at the hearings on this matter, determined <br />that, as required pursuant to the California Environmental Quality Act (CEQA) and the <br />State CEQA Guidelines, a ND adequately addresses the expected environmental <br />impacts of this project. On the basis of this review, the City Council finds that there is no <br />evidence from which it can be fairly argued that the project will have a significant <br />adverse effect on the environment. The City Council hereby certifies and approves the <br />ND and directs that the Notice of Determination be prepared and filed with the County <br />Clerk of the County of Orange in the manner required by law. <br />Pursuant to Title XIV, California Code of Regulations (CCR) § 735.5(c)(1), the <br />City Council has determined that, after considering the record as a whole, there is no <br />evidence that the proposed Project will have the potential for any significant adverse <br />effect on wildlife resources or the ecological habitat upon which wildlife resources <br />depend. The proposed Project exists in an urban environment characterized by paved <br />concrete, roadways, surrounding buildings and human activity. However, pursuant to <br />Fish and Game Code § 711.2 and Title XIV, CCR § 735.5, the payment of Fish and <br />Game Department filing fees in conjunction with this project is at the discretion of the <br />State of California Department of Fish and Wildlife. <br />Section 3. The City Council of the City of Santa Ana after conducting the <br />public hearing hereby approves General Plan Amendment No. 2017-01. The <br />amendments to the Land Use Element are attached hereto as Exhibit 6 and <br />incorporated herein by this reference as though fully set forth herein. This decision is <br />based upon the evidence submitted at the above said hearing, which includes, but is not <br />limited to: the Request for Council Action dated June 20, 2017, and exhibits attached <br />hereto; and the public testimony, written and oral, all of which are incorporated herein <br />by this reference. <br />Section 4. This Resolution shall not be effective unless and until Ordinance No. <br />NS- (AA No. 2017-01) becomes effective. If said ordinance is for any reason <br />held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, <br />or otherwise does not go into effect for any reason, then this resolution shall be null and <br />void and have no further force and effect. <br />Section 5. The Applicant agrees to indemnify, hold harmless, and defend the <br />City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, <br />claims, actions or proceedings that may be brought arising out of its approval of this <br />project, and any approvals associated with the project, including, without limitation, any <br />environmental review or approval, except to the extent caused by the sole negligence of <br />the City of Santa Ana. <br />Section 6. This decision rendered by the City Council of the City of Santa Ana <br />is final and is subject to judicial review pursuant to California Code of Civil Procedure <br />75D-39 <br />