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<br /> Resolution No. 2025-10
<br />Page 6 of 11
<br />lanes in an urbanized area. The proposed size of the project is less than 2,500 square feet, does
<br />not involve the use of significant amounts of hazardous substances, and the surrounding area
<br />is not environmentally sensitive. As such, a Notice of Exemption, Environmental Review No.
<br />2024-36, will be filed for this Project.
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<br />Section 3. The Applicant shall indemnify, protect, defend and hold the City and/or any
<br />of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and
<br />instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of
<br />mandamus, referendum, and other proceedings (whether legal, equitable, declaratory,
<br />administrative or adjudicatory in nature), and alternative dispute resolution procedures
<br />(including, but not limited to arbitrations, mediations, and such other procedures), judgments,
<br />orders, and decisions (collectively “Actions”), brought against the City and/or any of its officials,
<br />officers, employees, agents, departments, agencies, and instrumentalities thereof, that
<br />challenge, attack, or seek to modify, set aside, void, or annul, any action of , or any permit or
<br />approval issued by the City and/or any of its officials, officers, employees, agents, departments,
<br />agencies, and instrumentalities thereof (including actions approved by the voters of the City) for
<br />or concerning the project, whether such Actions are brought under the Ralph M. Brown Act,
<br />California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act,
<br />Code 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 the legal counsel
<br />providing 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. City shall
<br />promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the
<br />defense of the Action.
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<br />Section 4. The Planning Commission of the City of Santa Ana, after conducting the
<br />public hearing, hereby approves Conditional Use Permit No. 2025-11, as conditioned in Exhibit
<br />A, attached hereto and incorporated herein, for the Project. This decision is based upon the
<br />evidence submitted at the above-referenced hearing, including, but not limited to: The Request
<br />for Planning Commission Action dated April 28, 2025, and exhibits attached thereto; and the
<br />public testimony, written and oral, all of which are incorporated herein by this reference.
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