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Resolution No. 2023-20
<br />Page 5 of 6
<br />near four other service stations within a half-mile area and will
<br />contribute to an overconcentration of the service stations in
<br />the area. Policy 2.7 of the Land Use Element supports land
<br />use decisions that encourage the creation, development, and
<br />retention of business in Santa Ana. The proposed project will
<br />contribute negatively to a neighboring existing business.
<br />Policy 3.7 of the Land Use Element promotes a clean, safe,
<br />and creative environment for Santa Ana’s residents, workers,
<br />and visitors. The proposed project may also contribute to the
<br />increase in presence of the unhoused population in the area
<br />and near a child care facility as well as residences.
<br />Goal 4 of the Mobility Element (“M”) coordinates
<br />transportation planning efforts with land use and design
<br />strategies that encourage sustainable development and
<br />achieve broader community goals. Policy 4.9 of the Mobility
<br />Element supports the utilization of land use, building, site
<br />planning, and technology solutions to mitigate exposure to
<br />transportation-related air pollution, especially in
<br />environmental justice focus areas. The proposed project will
<br />contribute to the increase in vehicular traffic in the area and
<br />negatively affect the surrounding businesses.
<br />Section 2. The Applicant shall indemnify, protect, defend and hold the City
<br />and/or 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 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 Act,
<br />California Environmental Quality Act, the Planning and Zoning Law, Code of Civil
<br />Procedure sections 1085 or 1094.5, or any other federal, state or local constitution,
<br />statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent
<br />jurisdiction. It is expressly agreed that the City shall have the right to approve the legal
<br />counsel providing the City’s defense, and that Applicant shall reimburse the City for any
<br />costs and expenses directly and necessarily incurred by the City in the course of the
<br />defense. City shall promptly notify the Applicant of any Action brought and City shall
<br />cooperate with Applicant in the defense of the Action.
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<br />Section 3. The Planning Commission of the City of Santa Ana, after conducting
<br />the public hearing on June 26, 2023, hereby denies modification to CUP No. 2019-41,
<br />and denies CUP No. 2023-03.
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