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<br />Resolution No. 2020-XXX
<br />Page 3 of 6
<br />and residents. The facility is proposed in the least obtrusive
<br />location to fill a gap in services coverage.
<br />
<br />Section 2. 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, referendum, and other proceedings (whether
<br />legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative
<br />dispute resolution procedures (including, but not limited to arbitrations, mediations, and
<br />such other procedures), judgments, orders, and decisions (collectively “Action s”),
<br />brought against the City and/or any of its officials, officers, employees, agents,
<br />departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to
<br />modify, set aside, void, or annul, any action of, or any permit or approval iss ued by the
<br />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, regu lation, 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 3. The Planning Commission of the City of Santa Ana after conducting
<br />the public hearing, hereby approves Variance No. 2020-04, as conditioned in Exhibit A,
<br />attached hereto and incorporated herein. This decision is based upon the evidence
<br />submitted at the above said hearing, which includes, but is not limited to: the Request
<br />for Planning Commission Action dated December 14, 2020, and exhibits attached
<br />thereto; and the public testimony, all of which are incorporated herein by this reference.
<br />ADOPTED this 14th day of December, 2020 by the following vote:
<br />
<br />AYES: Commissioners:
<br />NOES: Commissioners:
<br />ABSENT: Commissioners:
<br />ABSTENTIONS: Commissioners:
<br />
<br />
<br /> _______________________
<br /> Mark McLoughlin
<br /> Chairperson
<br />
<br />City Council 3 –12 1/11/2021
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