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Resolution No. 2025-23 <br />Page 6 of 12 <br />volunteers, and instrumentalities thereof, harmless from any and all claims, demands, <br />lawsuits, writs of mandamus, referendum, and other proceedings (whether legal, equitable, <br />declaratory, administrative or adjudicatory in nature), and alternative dispute resolution <br />procedures (including, but not limited to arbitrations, mediations, and such other procedures), <br />judgments, orders, and decisions (collectively “Actions”), brought against the City and/or any <br />of its officials, officers, employees, agents, departments, agencies, and instrumentalities <br />thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or <br />any permit or approval issued by the City and/or any of its officials, officers, employees, <br />agents, departments, agencies, and instrumentalities thereof (including actions approved by <br />the voters of the City) for or concerning the project, whether such Actions are brought <br />under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning <br />Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other <br />federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any <br />decision of a court of competent jurisdiction. It is expressly agreed that the City shall have <br />the right to approve the legal counsel providing the City’s defense, and that Applicant shall <br />reimburse the City for any costs and expenses directly and necessarily incurred by the City <br />in the course of the defense. City shall promptly notify the Applicant of any Action brought and <br />City shall 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 Conditional Use Permit No. 2025 -12, as conditioned in <br />Exhibit A, attached hereto and incorporated herein, to expand an existing, legally established <br />self-storage facility at 1030 E. Fourth Street, as shown on the approved plans for Development <br />Project Application No. 2024-08 (DP No. 2024-08), and approves modifications to SAMC <br />Section 41-475(b), Section 41-475(d), and Section 41-477(k), as permitted by SAMC Section <br />41-650. 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 July <br />28, 2025, and exhibits attached thereto; and the public testimony, written and oral, all of which <br />are incorporated herein by this reference. <br />ADOPTED this 28th day of July 2025 by the following vote. <br />APPROVED AS TO FORM: <br />Sonia R. Carvalho, City Attorney <br />By: <br />Melissa M. Crosthwaite <br />Senior Assistant City Attorney <br />Isuri S. Ramos <br />Chairperson <br />AYES: Commissioners: Carl Benninger, Manuel J. Escamilla, Christopher Leo, <br /> Bao Pham, Isuri S. Ramos, Alan Woo (6)NOES: Commissioners: <br />ABSENT: Commissioners: <br />ABSTENTIONS: Commissioners: Jennifer Oliva (1)