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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 4. The Planning Commission of the City of Santa Ana , after <br />conducting the public hearing hereby approves Conditional Use Permit No. 2020-19, as <br />conditioned in Exhibit A, attached hereto and incorporated herein. This decision is <br />based upon the evidence submitted at the above said hearing, which includes, but is not <br />limited to: the Request for Planning Commission Action dated December 14 , 2020, and <br />exhibits attached thereto; and the public testimony, all of which are incorporated herein <br />by this reference. <br />ADOPTED this 14t h day of December, 2020 by the following vote: <br />AYES: <br />NOES: <br />Commissioners: CALDERON , MCLOUGHLIN, MORRISSEY, NGUYEN (4) <br />Commissioners: <br />ABSENT: Commissioners: CONTRERAS-LEO , GARCIA (2) <br />ABSTENTIONS: Commissioners: <br />APPROVED AS TO FORM: <br />Sonia R. Carvalho , City Attorney <br />By ~ 'Ji<,.f~ <br />John~nk <br />Sr. Assistant City Attorney <br />~:V <br />Chairperson <br />Resolut ion No . 2020-39 <br />Page 4 of 7