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declaratory, administrative or adjudicatory in nature), and alternative dispute resolution
<br /> procedures (including, but not limited to arbitrations, mediations, and such other
<br /> procedures), judgments, orders, and decisions (collectively "Actions"), brought against
<br /> the City and/or any of its officials, officers, employees, agents, departments, agencies,
<br /> and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or
<br /> annul, any action of, or any permit or approval issued by the City and/or any of its officials,
<br /> officers, employees, agents, departments, agencies, and instrumentalities thereof
<br /> (including actions approved by the voters of the City) for or concerning the project,
<br /> whether such Actions are brought under the Ralph M. Brown Act, California
<br /> Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code
<br /> of Civil 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, which
<br /> approval will not be unreasonably withheld, the legal counsel providing the City's defense,
<br /> and that Applicant shall reimburse the City for any costs and expenses directly and
<br /> necessarily incurred by the City in the course of the defense. City shall promptly notify
<br /> the Applicant of any Action brought and City shall cooperate with Applicant in the defense
<br /> of the Action.
<br /> Section 5. The City Council of the City of Santa Ana hereby denies Appeal
<br /> Application No. 2025-02, thereby upholding the Planning Commission's approval of
<br /> Conditional Use Permit (CUP) No. 1982-18-MOD-1. This decision is based upon the
<br /> evidence submitted at the above said hearing, which includes, but is not limited to: the
<br /> Request for City Council Action dated February 3, 2026, and exhibits attached thereto,
<br /> including the Response to Appeal Comments for Appeal Application No. 2025-02 in
<br /> Exhibit A of this resolution, and the public testimony, written and oral, all of which are
<br /> incorporated herein by this reference.
<br /> [Signatures on the following page]
<br /> ADOPTED this day of , 2026.
<br /> Valerie Amezcua
<br /> Mayor
<br /> APPROVED AS TO FORM:
<br /> Sonia R. Carvalho
<br /> City Attorney
<br /> 6 By: -
<br /> Melissa M. Crosthwaite
<br /> Senior Assistant City Attorney
<br /> Resolution No. 2026-xx
<br /> City Council 18 — 50 M 72d f6
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