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Resolution No. 2023-01
<br />Page 4 of 9
<br />repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or
<br />private structures, facilities, mechanical equipment, or topographical features, involving
<br />negligible or no expansion of existing or former use. The project proposes to renew the
<br />entitlements of an existing major wireless communications facility and includes minor
<br />alterations to the existing facility. As such, a Notice of Exemption, Environmental Review
<br />No. 2022-39, will be filed for this project.
<br />Section 3. The Applicant shall indemnify, protect, defend and hold the City and/or
<br />any of its officials, officers, employees, agents, departments, agencies, authorized
<br />volunteers, and instrumentalities thereof, harmless from any and all claims, demands,
<br />lawsuits, writs of mandamus, referendum, and other proceedings (whether legal,
<br />equitable, declaratory, administrative or adjudicatory in nature), and alternati ve 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 Conditional Use Permit No. 2022-18, as conditioned
<br />in Exhibit A, attached hereto and incorporated herein, for the project located at 2649 West
<br />First 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 />March 13, 2023, and exhibits attached thereto; and the public testimony, written and oral,
<br />all of which are incorporated herein by this reference.
<br />ADOPTED this 13th day of March, 2023 by the following vote.
<br />AYES: Commissioners: ESCAMILLA, LEO, MCLOUGHLIN, OLIVA,
<br />PHAM, RAMOS, WOO (7)
<br />NOES: Commissioners: (0)
<br />ABSENT: Commissioners: (0)
<br />ABSTENTIONS
<br />:
<br />Commissioners: (0)
<br />Bao Pham
<br />Chairperson
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