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<br />Resolution No. 2021-17
<br />Page 4 of 9
<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 Act,
<br />California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map
<br />Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local
<br />constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court
<br />of competent jurisdiction. It is expressly agreed that the City shall have the right to
<br />approve the legal counsel providing the City’s defense, and that Applicant shall reimburse
<br />the City for any costs and expenses directly and necessarily incurred by the City in the
<br />course of the defense. City shall promptly notify the Applicant of any Action brought and
<br />City 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. 2021-10, as conditioned
<br />in Exhibit A, attached hereto and incorporated herein, for the project located at 309 West
<br />Third Street. This decision is based upon the evidence submitted at the above-referenced
<br />hearing, including but not limited to: The Request for Planning Commission Action dated
<br />August 9, 2021, and exhibits attached thereto; and the public testimony, written and oral,
<br />all of which are incorporated herein by this reference.
<br />ADOPTED this 9th day of August, 2021
<br />AYES: Commissioners: ALDERETE, CALDERON, MCLOUGHLIN,
<br />PHAM, RAMOS, WOO (6)
<br />NOES: Commissioners:
<br />ABSENT: Commissioners:
<br />ABSTENTIONS: Commissioners: MORRISSEY (1)
<br />Bao Pham
<br />Vice - Chairperson
<br />APPROVED AS TO FORM:
<br />Sonia R. Carvalho, City Attorney
<br />By:
<br />John M. Funk
<br />Senior Assistant City Attorney
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