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jmf 1/26/21 <br />Resolution No. 2021-XXX <br />Page 4 of 7 <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 the legal counsel providing the City’s defense, and that Applicant shall <br />reimburse the City for any costs and expenses directly and necessarily incurred by the <br />City in the course of the defense. City shall promptly notify the Applicant of any Action <br />brought and City shall cooperate with Applicant in the defense of the Action. <br /> <br />Section 4. The Planning Commission of the City of Santa Ana, after conducting <br />the public hearing, hereby approves Conditional Use Permit No. 2020-23, as conditioned <br />in Exhibit A, attached hereto and incorporated herein, for the project located at 3701 <br />South Harbor Boulevard, Unit E. This decision is based upon the evidence submitted at <br />the above-referenced hearing, including but not limited to: The Request for Planning <br />Commission Action dated February 8, 2021, 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 8th day of February, 2021 by the following vote. <br /> <br /> <br />AYES: Commissioners: <br />NOES: Commissioners: <br />ABSENT: Commissioners: <br />ABSTENTIONS: Commissioners: <br /> <br /> <br /> _______________________ <br /> Mark McLoughlin <br /> Chairperson <br /> <br /> <br /> <br />APPROVED AS TO FORM: <br />Sonia R. Carvalho, City Attorney <br /> <br /> <br /> <br />By:________________________ <br />John M. Funk <br />Sr. Assistant City Attorney <br /> <br />