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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 Planning Commission of the City of Santa Ana after conducting <br />the public hearing hereby approves Conditional Use Permit No. 2019-32 for the alcoholic <br />beverage control license for the sale of alcohol for on -premises consumption for the <br />project located at 128 West MacArthur Boulevard, as conditioned in Exhibit A, attached <br />hereto and incorporated herein. This decision is based upon the evidence submitted at <br />the abovesaid hearing, which includes, but is not limited to: the Request for Planning <br />Commission Action dated November 12, 2019, and exhibits attached thereto; and the <br />public testimony, written and oral, all of which are incorporated herein by this reference. <br />ADOPTED this 12t" day of November, 2019. <br />AYES: Commissioners: CANO, CONTRERAS-LEO, MCLOUGHLIN, NGUYEN, <br />RIVERA (5) <br />NOES: Commissioners: NONE <br />ABSENT: Commissioners: NONE <br />ABSTENTIONS: Commissioners: NONE <br />Mark PWLoughlin <br />Chairperson <br />APPROVED AS TO FORM: <br />Sonia R. Carvalho, City Attorney <br />By: ,f 4 <br />Lisa Storck <br />Assistant City Attorney <br />CERTIFICATE OF ATTESTATION AND ORIGINALITY <br />1, SARAH BERNAL, Commission Secretary, do hereby attest to and certify the attached <br />Resolution No. 2019-46 to be the original resolution adopted by the Planning <br />Commission of the City of Santa Ana on November 12, 2019. <br />Date: <br />Commission Secretary <br />City of Santa Ana <br />Resolution No. 2019-46 <br />Page 4 of 6 <br />