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departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to
<br />modify, set aside, void, or annul, any action of, or any permit or approval issued by the
<br />City and/or 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
<br />Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision
<br />Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or
<br />local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a
<br />court of competent jurisdiction. It is expressly agreed that the City shall have the right to
<br />approve, which approval will not be unreasonably withheld, the legal counsel providing
<br />the City's defense, and that Applicant shall reimburse the City for any costs and
<br />expenses directly and necessarily incurred by the City in the course of the defense.
<br />City shall promptly notify the Applicant of any Action brought and City shall cooperate
<br />with Applicant in the defense of the Action.
<br />Section 5. The Planning Commission of the City of Santa Ana after conducting
<br />the public hearing hereby approves Variance No. 2019-01, as conditioned in Exhibit A,
<br />attached hereto and incorporated herein, which approval is fully contingent upon the
<br />City Council's consideration and certification of the MND prepared for the project and
<br />approval of Amendment Application No. 2019-02. In the event that the City Council
<br />does not certify the MND, any approvals granted in this Resolution shall be null and
<br />void. This decision is based upon the evidence submitted at the abovesaid hearing,
<br />which includes, but is not limited to: The Request for Planning Commission Action dated
<br />May 13, 2019 and June 10, 2019, and exhibits attached thereto; and the public
<br />testimony, written and oral, all of which are incorporated herein by this reference.
<br />ADOPTED this loth day of June, 2019.
<br />AYES: Commissioners: Alderete, Benavides Cano Contreras -Leo, McLoughlin,
<br />Nguyen, Rivera (7)
<br />NOES: Commissioners: None.
<br />ABSENT: Commissioners: None.
<br />ABSTENTIONS: Commissioners: None.
<br />Mark McLoughlin
<br />Chairperson
<br />APPROVED AS TO FORM:
<br />Sonia R. Carvalho, City Attorney
<br />By: v
<br />Lisa Storck
<br />Assistant City Attorney
<br />Resolution No. 2019-26
<br />Page 4 of 6
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