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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 />Section 4. The Planning Commission of the City of Santa Ana, after conducting the <br />public hearing, hereby approves that certain concession (deviation), as described in this <br />Resolution and in the City's Staff Report and as memorialized in Density Bonus Agreement <br />No. 2025-01 in Exhibit A attached hereto and incorporated as though fully set forth herein, <br />based on the findings contained in Section 1. This decision is based upon the evidence <br />submitted at the above said hearing, which includes, but is not limited to: the Request for <br />Planning Commission Action dated March 24, 2025, and exhibits attached thereto; and the <br />public testimony, written and oral, all of which are incorporated herein by this reference. <br />ADOPTED this 24th day of March 2025, by the following vote: <br />AYES: Commissioners: <br />NOES: Commissioners: <br />ABSENT: Commissioners: <br />ABSTENTIONS: Commissioners: <br />Jennifer Oliva <br />Chairperson <br />APPROVED AS TO FORM: <br />Sonia R. Carvalho, City Attorney <br />By: 1/� L4�& <br />Meliss M. Crosthwaite <br />Senior Assistant City Attorney <br />Resolution No. 2025-XX <br />Page 5 of 10 <br />