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Resolution No. 2023-18
<br />Page 5 of 9
<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 />a public hearing, hereby approves Conditional Use Permit No. 2023-17, as conditioned in
<br />Exhibit A, attached hereto and incorporated herein, for the construction of an off-premises
<br />digital advertising billboard for Del Amo Motorsports of Orange County located at 2401
<br />South Pullman 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 August 28, 2023, and exhibits attached thereto; and the public testimony,
<br />written and oral, all of which are incorporated herein by this reference.
<br />ADOPTED this 28th day of August 2023 by the following vote:
<br />AYES: Commissioners: Carl Benninger, Manuel J. Escamilla, Christopher Leo,
<br />Jennifer Oliva, Bao Pham, Isuri Ramos, Alan Woo (7)
<br />NOES: Commissioners: (0)
<br />ABSENT: Commissioners: (0)
<br />ABSTENTIONS
<br />:
<br />Commissioners: (0)
<br />____________________
<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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