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Resolution No. 2020-xx <br />Page 4 of 8 <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 /> <br /> Section 4. Conditional Use Permit No. 2019-45 shall not be effective unless <br />and until the Planning Commission reviews and approves Variance No. 2019-06. If said <br />approvals are held to be invalid or unconstitutional by the decision of any court of <br />competent jurisdiction, or otherwise denied, then this conditional use permit shall be null <br />and void and have no further force and effect. <br /> <br />Section 5. The Planning Commission of the City of Santa Ana after conducting <br />the public hearing hereby approves CUP No. 2019-45, as conditioned in Exhibit A, <br />attached hereto and incorporated herein for the project located at 1570 East <br />Seventeenth Street. This decision is based upon the evidence submitted at the <br />abovesaid hearing, which includes, but is not limited to: the Request for Planning <br />Commission Action dated January 27, 2020, and exhibits attached thereto; and the <br />public testimony, written and oral, all of which are incorporated herein by this reference. <br /> <br />ADOPTED this 27th day of January, 2020. <br /> <br /> <br />AYES: Commissioners: <br />NOES: Commissioners: <br />ABSENT: Commissioners: <br />ABSTENTIONS: Commissioners: <br /> <br /> _______________________ <br /> Mark McLoughlin <br /> Chairperson <br /> <br />APPROVED AS TO FORM: <br />Sonia R. Carvalho, City Attorney <br /> <br /> <br />By:________________________ <br />Lisa Storck <br />Assistant City Attorney <br /> <br />4 - 12