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<br /> <br /> Resolution No. 2019-xx <br /> Page 4 of 6 <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 /> <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 /> <br />ADOPTED this 10th day of June, 2019. <br /> <br /> <br />AYES: Commissioners: <br />NOES: Commissioners: <br />ABSENT: Commissioners: <br />ABSTENTIONS: Commissioners: <br /> <br /> <br /> _______________________ <br /> Mark McLoughlin <br /> Chairperson <br />APPROVED AS TO FORM: <br />Sonia R. Carvalho, City Attorney <br /> <br /> <br />By:________________________ <br />Lisa Storck <br />Assistant City Attorney <br /> <br />1-48