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<br />WHEREAS, prior to taking action, the Planning Commission has heard, been
<br />presented with, reviewed and considered all of the information and data in the
<br />administrative record, including but not limited to the EIR, and all oral and written
<br />evidence presented to it during all meetings and hearings; and
<br />WHEREAS, the EIR reflects the independent judgment of the Planning
<br />Commission and is deemed adequate for purposes of making decisions on the merits of
<br />the Project; and
<br />WHEREAS, no comments made in the public hearing conducted by the Planning
<br />Commission and no additional information submitted to the City have produced
<br />substantial new information requiring recirculation of the EIR or additional environmental
<br />review of the Project under Public Resources Code section 21092.1 and State CEQA
<br />Guidelines section 15088.5; and
<br />WHEREAS, on January 14, 2019, the Planning Commission conducted a duly
<br />noticed public hearing on this Resolution, at which time all persons wishing to testify
<br />were heard and the Project was fully considered; and
<br />WHEREAS, all other legal prerequisites to the adoption of this Resolution have
<br />occurred; and
<br />WHEREAS, the Applicant has agreed to and shall indemnify, protect, defend and
<br />hold the City and/or any of its officials, officers, employees, agents, departments,
<br />agencies, authorized volunteers, and instrumentalities thereof, harmless from any and
<br />all claims, demands, lawsuits, writs of mandamus, and other proceedings (whether
<br />legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative
<br />dispute resolution procedures (including, but not limited to arbitrations, mediations, and
<br />such other procedures), judgments, orders, and decisions (collectively “Actions”),
<br />brought against the City and/or any of its officials, officers, employees, agents,
<br />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 />NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF SANTA
<br />ANA DOES RESOLVE, DETERMINE, FIND, AND ORDER AS FOLLOWS:
<br />
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