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permit or approval issued by the City and/or any of its officials, officers, employees, <br />agents, departments, agencies, and instrumentalities thereof (including actions <br />approved by the voters of the City) for or concerning the Project, whether such <br />Actions are brought under the Ralph M. Brown Act, California Environmental Quality <br />Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure <br />sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, <br />ordinance, charter, rule, regulation, or any decision of a court of competent <br />jurisdiction. It is expressly agreed that the City shall have the right to approve, which <br />approval will not be unreasonably withheld, the legal counsel providing the City’s <br />defense, and that Applicant shall reimburse the City for any costs and expenses <br />directly and necessarily incurred by the City in the course of the defense. City shall <br />promptly notify the Applicant of any Action brought and City shall cooperate with <br />Applicant in the defense of the Action. <br /> <br />SECTION 6 . PLANNING COMMISSION ACTION: The Planning Commission <br />hereby takes the following action: <br /> <br />1. The Planning Commission recommends approval of General Plan Amendment <br />No. 2018-06 as set forth in Exhibit A, attached hereto and incorporated herein by <br />reference, subject to compliance with the Mitigation Monitoring and Reporting <br />Program, and upon satisfaction of the conditions set forth below: <br /> <br />A. Subject to compliance with the Mitigation Monitoring and Reporting <br />Program, the Land Use Element map and text shall be amended to read as <br />set forth in Exhibit A, attached hereto and incorporated herein by reference. <br /> <br />B. The General Plan Amendment shall not take effect unless and until <br />Environmental Impact Report 2018-01 is certified and Amendment <br />Application No. 2018-10 is approved by the City Council, and the <br />associated Development Agreement No. 2018-01 is approved by the City <br />Council and executed by all parties thereto. <br /> <br />SECTION 7. EXECUTION OF RESOLUTION. The Chairperson shall sign this <br />Resolution and the Planning Commission Recording Secretary shall attest and certify <br />to the adoption thereof. <br /> <br /> <br /> <br /> <br />PASSED, APPROVED AND ADOPTED this 14th day of January, 2019. <br /> <br /> <br />AYES: Commissioners: <br />NOES: Commissioners: <br />ABSENT: Commissioners: <br />ABSTENTIONS: Commissioners: <br /> <br />2-190