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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 5. The City Council of the City of Santa Ana hereby denies Appeal <br />Application No. 2020-02, thereby upholding the Planning Commission's approval of an <br />Addendum to the Environmental Impact Report (EIR) for the Transit Zoning Code <br />Project (SCH NO. 2006071100), mitigation monitoring and reporting program, Site Plan <br />Review No. 2020-03 as conditioned, and Variance No. 2020-06 as conditioned. This <br />decision is based upon the evidence submitted at the abovesaid hearing, which <br />includes, but is not limited to: the Request for City Council Action dated December 1, <br />2020, and exhibits attached thereto, and the public testimony, written and oral, all of <br />which are incorporated herein by this reference. <br />ADOPTED this 15t day of December, 2020. <br />APPROVED AS TO FORM: <br />Sonia R. Carvalho <br />City Attorney <br />By:.(,/� � (• nl� <br />Lisa Storck <br />Assistant City Attorney <br />Resolution No. 2020-093 <br />Page 6 of 7 <br />