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<br /> <br /> Resolution No. 2025-XX <br />Page 5 of 9 <br />City and/or any of its officials, officers, employees, agents, departments, agencies, and <br />instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, <br />any action of, or any permit or approval issued by the City and/or any of its officials, officers, <br />employees, agents, departments, agencies, and instrumentalities thereof (including actions <br />approved by the voters of the City) for or concerning the project, whether such Actions are <br />brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning <br />and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, <br />or any other federal, state or local constitution, statute, law, ordinance, charter, rule, <br />regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the <br />City shall have the right to approve the legal counsel providing the City’s defense, and that <br />Applicant shall reimburse the City for any costs and expenses directly and necessarily <br />incurred by the City in the course of the defense. City shall promptly notify the Applicant of <br />any Action brought and City shall cooperate with Applicant in the defense of the Action. <br /> <br />Section 4. The Planning Commission of the City of Santa Ana, after conducting the <br />public hearing, hereby approves Conditional Use Permit No. 2019-19-MOD-1, as conditioned <br />in Exhibit A, attached hereto and incorporated herein, for the project located at 1800 North <br />Bush Street. This decision is based upon the evidence submitted at the above-referenced <br />hearing, including but not limited to: The Request for Planning Commission Action dated <br />January 27, 2025, and exhibits attached thereto; and the public testimony, written and oral, <br />all of which are incorporated herein by this reference. <br /> <br /> <br />ADOPTED this 27th day of January 2025 by the following vote. <br /> <br />AYES: Commissioners: <br />NOES: Commissioners: <br />ABSENT: Commissioners: <br />ABSTENTIONS <br />: <br />Commissioners: <br /> <br /> <br />Jennifer Oliva <br />Chairperson <br /> <br />APPROVED AS TO FORM: <br />Sonia R. Carvalho, City Attorney <br /> <br /> <br />By: <br />Melissa M. Crosthwaite <br />Senior Assistant City Attorney <br />