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Resolution No. 2022-30
<br />Page 3 of 5
<br />lawsuits, writs of mandamus, referendum, and other proceedings (whether legal,
<br />equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute
<br />resolution procedures (including, but not limited to arbitrations, mediations, and such
<br />other procedures), judgments, orders, and decisions (collectively “Actions”),brought
<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
<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 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 Site Plan Review No. 2022-04, as conditioned in
<br />Exhibit A, attached hereto and incorporated herein, for the project located at 922 and 922
<br />½ South Birch Street. This decision is based upon the evidence submitted at the above-
<br />referenced hearing, including but not limited to: The Request for Planning Commission
<br />Action dated October 10, 2022, and exhibits attached thereto; and the public testimony,
<br />written and oral, all of which are incorporated herein by this reference.
<br />ADOPTED this 10
<br />th day of October, 2022 by the following vote.
<br />AYES:Commissioners: ALDERETE, CALDERON, MCLOUGHLIN, PHAM,
<br /> RAMOS, WOO (6)
<br />NOES:Commissioners: NONE (0)
<br />ABSENT:Commissioners: MORRISSEY (1)
<br />ABSTENTIONS:Commissioners: NONE (0)
<br />Bao Pham
<br />Chairperson
<br />APPROVED AS TO FORM:
<br />Sonia R. Carvalho, City Attorney
<br />By:
<br />John M. Funk
<br />Chief Assistant City Attorney
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