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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 4. The Planning Commission of the City of Santa Ana, after conducting <br />the public hearing, hereby approves Variance No. 2019-02 as conditioned in Exhibit A, <br />attached hereto and incorporated as though fully set forth herein. This decision is based <br />upon the evidence submitted at the above said hearing, which includes, but is not limited <br />to: the Request for Planning Commission Action dated June 24, 2019, and exhibits <br />attached thereto; and the public testimony, written and oral, all of which are incorporated <br />herein by this reference. <br />ADOPTED this 24' day of June, 2019. <br />AYES: Commissioners: <br />NOES: Commissioners: <br />ABSENT: Commissioners: <br />ABSTENTIONS: Commissioners: <br />APPROVED AS TO FORM: <br />Sonia R. Carvalho, City Attorney <br />By: <br />Lisa Storck <br />Assistant City Attorney <br />Benavides, Contreras -Leo, McLoughlin, Nguyen, Rivera <br />(5) <br />None <br />Alderete, Cano (2) <br />None <br />Ma cLoughlin <br />Chairperson <br />CERTIFICATE OF ATTESTATION AND ORIGINALITY <br />I, SARAH BERNAL, Recording Secretary, do hereby attest to and certify the attached <br />Resolution No. 2019-29 to be the original resolution adopted by the Planning <br />Commission of the City of Santa Ana on June 24, 2019. <br />Date: �, vZ f I I q <br />r�QLytL > 0-r wL <br />Recording Secretary <br />City of Santa Ana <br />Resolution No. 2019-29 <br />Page 4 of 6 <br />