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Element Goal 1 (promote a balance of land uses to address basic community needs) and Goal 2 (promote land uses which enhance the City's economic and fiscal viability), and Housing Element Policy HE -2.3 (encourage the construction of rental housing for Santa Ana's residents and workforce, including a commitment to very low, low, and moderate income residents and moderate income Santa Ana workers) and Policy HE - 2.5 (require excellence in architectural design through the use of materials and colors, building treatments, landscaping, open space, parking, and environmentally sensitive ("green") building and design practices). The project site and type of development proposed are already addressed in the previously approved environmental impact report (EIR) for the MEMU overlay district (EIR No. 2006-01). However, a Class 32 exemption is required for the project because the original EIR did not require a greenhouse gas study. The Applicant submitted a greenhouse gas study that indicates the project will not negatively impact greenhouse gas reduction goals. In addition, a health risk assessment (HRA) was prepared to. identify any impacts from developing a residential community adjacent to a freeway. The HRA recommends that the project incorporate certain window design features on freeway -facing elevations for all units adjacent to the 1-5 freeway, and that the project install air filtration systems throughout. Section 3. 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 environmental review or approval, except to the extent caused by the sole negligence of the City of Santa Ana. Section 4. The City Council of the City of Santa Ana, after conducting the public hearing, hereby approves Appeal No. 2017-05, and reverses the Planning Commission's denial of Site Plan Review No. 2016-03 and Variance No. 2017-06 as conditioned in Exhibit A attached hereto and incorporated as though fully set forth herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated December 11, 2017, and exhibits attached thereto; the Request for Council Action dated April 3, 2018, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 3m day of April 2018 by the following vote: Miguel A. Pulido Mayor Resolution No. 2018 -XX Page 5 of 10 75A-131