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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 />Section 4. The Planning Commission of the City of Santa Ana after conducting <br />the public hearing hereby approves Conditional Use Permit No. 2019-33 as conditioned <br />in Exhibit A, attached hereto and incorporated herein, for the banquet facility to be <br />located at 1602 East First Street. 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 December 9, 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 9t" day of December, 2019. <br />AYES: Commissioners: CONTRERAS-LEO, <br />(4) <br />NOES: Commissioners: NGUYEN (1) <br />ABSENT: Commissioners: CANO (1) <br />ABSTENTIONS: Commissioners: <br />APPROVED AS TO FORM: <br />Sonia R. Carvalho, City Attorney <br />By.^ <br />Lisa Storck <br />Assistant City Attorney <br />GARCIA, MCLOUGHLIN, RIVERA <br />Mark McLoughlin <br />Chairperson <br />Resolution No. 2019-47 <br />Page 4 of 8 <br />