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Resolution No. 2022-31 <br />Page 4 of 8 <br />any permit or approval issued by the City and/or any of its officials, officers, employees, <br />agents, departments, agencies, and instrumentalities thereof (including actions approved by <br />the voters of the City) for or concerning the project, whether such Actions are brought under <br />the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, <br />the SubdivisionMap Act, Code of Civil Procedure sections 1085 or 1094.5, or any other <br />federal, state orlocal constitution, statute, law, ordinance, charter, rule, regulation, or any <br />decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the <br />right toapprove 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 City <br />in the course of the defense. City shall promptly notify the Applicant of any Action brought <br />and 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 the <br />public hearing, hereby approves Conditional Use Permit No. 2022-16, as conditioned in <br />Exhibit A, attached hereto and incorporated herein, for the project located at 1017 South <br />Fairview Street . This decision is based upon the evidence submitted at the above-referenced <br />hearing, including but not limited to: The Request for Planning Commission Action dated <br />November 14, 2022, and exhibits attached thereto; and the public testimony, written and oral, <br />all of which are incorporated herein by this reference. <br />ADOPTED this 14th day of November 2022 by the following vote. <br />AYES:Commissioners: MCLOUGHLIN, PHAM, RAMOS, WOO (4) <br />NOES:Commissioners: NONE (0) <br />ABSENT:Commissioners: ALDERETE, CALDERON, MORRISSEY (3) <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 <br />BPh