|
<br />
<br />Resolution No. 2025-XX
<br />Page 7 of 12
<br />project predicted noise levels would not significantly increase throughout the operation of
<br />the built-out project.
<br />
<br /> Section 3. 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, the Subdivision Map
<br />Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local
<br />constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of
<br />competent jurisdiction. It is expressly agreed that the City shall have the right to approve
<br />the legal counsel providing the City’s defense, and that Applicant shall reimburse the City
<br />for any costs and expenses directly and necessarily incurred by the City in the course of
<br />the defense. City shall promptly notify the Applicant of any Action brought and City shall
<br />cooperate with Applicant in the defense of the Action.
<br />
<br />Section 4. The Planning Commission of the City of Santa Ana, after conducting
<br />the public hearing, hereby approves Conditional Use Permit No. 2025-03, as conditioned
<br />in Exhibit A, attached hereto and incorporated herein, to allow a land use that requires a
<br />regional, state, or federal permit to handle, store, emit or discharge regulated compounds,
<br />materials, chemicals, or substances within 1,000 linear feet of a public park, school (k-
<br />12) or residential zones in the Planned Shopping Center (C4) zoning district located at
<br />2745 W. McFadden Avenue, based on the findings contained in Section 1 . This decision
<br />is based upon the evidence submitted at the above -referenced hearing, including but not
<br />limited to: The Request for Planning Commission Action dated March 10, 2025, and
<br />exhibits attached thereto; and the public testimony, written and oral, all of which are
<br />incorporated herein by this reference.
<br />
<br />ADOPTED this 10th day of March, 2025.
<br />
<br />
<br />
<br />AYES: Commissioners:
<br />NOES: Commissioners:
<br />ABSENT: Commissioners:
<br />ABSTENTIONS: Commissioners:
<br />
<br />
<br />
|