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Resolution No. 2020-xx
<br />Page 4 of 9
<br />through the development of districts that project a sense of
<br />place, positive community image and quality environment.
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<br />Section 2. In accordance with the California Environmental Quality Act, a
<br />Mitigated Negative Declaration (Environmental Review No. 2018-28) and a Mitigation
<br />Monitoring and Reporting Program were prepared and adopted with respect to this
<br />project.
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<br />Section 3. Conditional Use Permit No. 2019-21 shall not be effective unlelss
<br />and until the City Council reviews and approves Amendment Application No. 2019-03
<br />and adopts the Mitigated Negative Declaration, Environmental Review No. 2018-28,
<br />and the Mitigation Monitoring and Reporting Program. If said approvals are held to be
<br />invalid or unconstitutional by the decision of any court of competent jurisdiction, or
<br />otherwise denied, then this conditional use permit shall be null and void and have no
<br />further force and effect.
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<br />Section 4. 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.
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<br />Section 5. The City Council of the City of Santa Ana after conducting the public
<br />hearing hereby recommends that the City Council approve Conditional Use Permit No.
<br />2019-21, as conditioned in Exhibit A, attached hereto and incorporated herein, for the
<br />project located at 813 North Euclid Street. This decision is based upon the evidence
<br />submitted at the abovesaid hearing, which includes, but is not limited to: the Request for
<br />Planning Commission Action dated January 27, 2020, the Request for City Council
<br />Action dated February 18, 2020, and exhibits attached thereto; and the public
<br />testimony, written and oral, all of which are incorporated herein by this reference.
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