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Resolution No. 2022-28
<br />Page 7 of 11
<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 of
<br />competent jurisdiction. It is expressly agreed that the City shall have the right to approve
<br />the legal counsel providing the City’s defense, and that Applicant shall reimburse the City
<br />for any costs and expenses directly and necessarily incurred by the City in the course of
<br />the defense. City shall promptly notify the Applicant of any Action brought and City shall
<br />cooperate with Applicant in the defense of the Action.
<br />Section 4.The Planning Commission of the City of Santa Ana, after conducting the
<br />public hearing, hereby approves Density Bonus Agreement No. 2022-03 as conditioned in
<br />Exhibit A attached hereto and incorporated as though fully set forth 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 September 26, 2022, and
<br />exhibits attached thereto; and the public testimony, written and oral, all of which are
<br />incorporated herein by this reference.
<br />ADOPTED this 26th day of September 2022, by the following vote:
<br />AYES:Commissioners:CALDERON, MCLOUGHLIN, MORRISSEY,
<br />RAMOS, PHAM, WOO (6)
<br />NOES:Commissioners:NONE (0)
<br />ABSENT:Commissioners:ALDERETE (1)
<br />ABSTENTIONS:Commissioners:NONE (0)
<br />_______________________
<br />Bao Pham
<br />Chairperson
<br />APPROVED AS TO FORM:
<br />Sonia R. Carvalho, City Attorney
<br />By:________________________
<br />Ryan O. Hodge
<br />Assistant City Attorney
<br />:__:_______________________________________________________________________
<br />O Hd
<br />for
<br />_________________________________________________________________________________________________
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