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determines that the Planning Commission's decision was not made in error, that the
<br />Planning Commission's decision was not an abuse of discretion by the Planning
<br />Commission and that the Planning Commission's decision was supported by substantial
<br />evidence in the record.
<br />Section 3. The Applicant shall indemnify, protect, defend and hold the City
<br />and/or any of its officials, officers, employees, agents, departments, agencies,
<br />authorized volunteers, and instrumentalities thereof, harmless from any and all claims,
<br />demands, lawsuits, writs of mandamus, and other and proceedings (whether legal,
<br />equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute
<br />resolution procedures (including, but not limited to arbitrations, mediations, and such
<br />other procedures), judgments, orders, and decisions (collectively "Actions"), brought
<br />against the City and/or any of its officials, officers, employees, agents, departments,
<br />agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set
<br />aside, void, or annul, any action of, or any permit or approval issued by the City and/or
<br />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 4. The City Council of the City of Santa Ana herby denies Appeal
<br />Application No. 2019-02, thereby upholding the Planning Commission's approval
<br />including the two added conditions of approval of Conditional Use Permit No. 2019-12
<br />as conditioned in Exhibit A, attached hereto and incorporated herein, which approval is
<br />fully contingent upon the City Council's consideration and certification of the MND
<br />prepared for the project and approval of Amendment Application No. 2019-02. for the
<br />project located at 1904 West First Street. This decision is based upon the evidence
<br />submitted at the abovesaid hearing, which includes, but is not limited to: The Request
<br />for City Council Action dated July 16, 2019, and exhibits attached thereto; the Request
<br />for Planning Commission Action dated May 13, 2019 and June 10, 2019, and exhibits
<br />attached thereto, and the public testimony, written and oral, all of which are
<br />incorporated herein by this reference.
<br />ADOPTED this 16th day of Jam, 2019.
<br />Resolution No. 2019-066
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