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federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or <br />any decision of a court of competent jurisdiction. It is expressly agreed that the City <br />shall have the right to approve, which approval will not be unreasonably withheld, the <br />legal counsel providing the City's defense, and that Applicant shall reimburse the City <br />for any costs and expenses directly and necessarily incurred by the City in the course <br />of the defense. City shall promptly notify the Applicant of any Action brought and City <br />shall cooperate 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. 2019-39 as conditioned <br />for the alcoholic beverage control license for the sale of alcoholic beverages for on - <br />premise consumption for the project located at 207 West Second Street, Units A and B, as <br />conditioned in Exhibit A, attached hereto and incorporated herein. This decision is <br />based upon the evidence submitted at the above said hearing, which includes, but is not <br />limited to: the Request for Planning Commission Action dated December 9, 2019, and <br />exhibits attached thereto; and the public testimony, written and oral, all of which are <br />incorporated herein by this reference. <br />ADOPTED this 9th day of December, 2019. <br />AYES: Commissioners: CONTRERAS-LEO, GARCIA, MCLOUGHLIN, NGUYEN, <br />RIVERA (5) <br />NOES: Commissioners: <br />ABSENT: Commissioners: CANO (1) <br />ABSTENTIONS: Commissioners: <br />Mark McLoughlin <br />Chairperson <br />APPROVED AS TO FORM: <br />Sonia R. Carvalho, City Attorney <br />By: <br />Lisa torck <br />Assistant City Attorney <br />Resolution No. 2019-51 <br />Page 5 of 9 <br />