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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
<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, which approval will not be unreasonably withheld, the legal counsel providing
<br />the City's defense, and that Applicant shall reimburse the City for any costs and
<br />expenses directly and necessarily incurred by the City in the course of the defense.
<br />City shall promptly notify the Applicant of any Action brought and City shall cooperate
<br />with Applicant in the defense of the Action.
<br />Section 5. The City Council of the City of Santa Ana hereby denies Appeal
<br />Application Nos. 2023-02 and 2023-03, thereby upholding the Planning Commission's
<br />approval of Site Plan Review (SPR) No. 2023-01 and Tentative Tract Map (TTM) No.
<br />2023-03 (County Map No. 19243), with modified conditions of approval to require the
<br />applicant to coordinate with the Public Works Agency to develop a traffic -calming
<br />strategy when the project reaches 70-percent and 95-percent occupancy, and requiring
<br />the applicant to implement such strategy when feasible and appropriate as determined
<br />by the City. This decision is based upon the evidence submitted at the abovesaid
<br />hearing, which includes, but is not limited to: the Request for City Council Action dated
<br />October 3, 2023, and exhibits attached thereto, and the public testimony, written and
<br />oral, all of which are incorporated herein by this reference.
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<br />[Signatures on the following page]
<br />Resolution No. 2023-xx
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<br />City Council 18 — 340 10/
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