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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. 2019-46, as conditioned <br />in Exhibit A, attached hereto and incorporated herein, for the project located at 3820 <br />South Fairview 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 February 10, 2020, and exhibits attached thereto; and the <br />public testimony, written and oral, all of which are incorporated herein by this reference. <br />ADOPTED this 10th day of February, 2020. <br />AYES: Commissioners: CANO, MCLOUGHLIN, NGUYEN, PHAN, RIVERA (5) <br />NOES: Commissioners: <br />ABSENT: Commissioners: CONTRERAS-LEO, GARCIA (2) <br />ABSTENTIONS: Commissioners: <br />Mark McLoughlin <br />Chairperson <br />APPROVED AS TO FORM: <br />Sonia R. Carvalho, City Attorney <br />By:— +� for <br />Lisa St k <br />Assistant City Attorney <br />Resolution No. 2020-05 <br />Page 4 of 9 <br />