|
<br />Resolution No. 2026-xx
<br />Page 4 of 6
<br />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 Appea l 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 />
<br />
<br />
<br /> _______________________
<br /> Valerie Amezcua
<br /> Mayor
<br />APPROVED AS TO FORM:
<br />Sonia R. Carvalho
<br />City Attorney
<br />
<br />
<br />By:________________________
<br /> Melissa M. Crosthwaite
<br />Senior Assistant City Attorney
<br />
|