|
Resolution No. 2025-19
<br />Page 8 of 13
<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 Act,
<br />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 />
<br />Section 4. The Planning Commission of the City of Santa Ana, after conducting the
<br />public hearing, hereby approves that certain concessions and those waivers or reductions
<br />of development standards (deviations), as described in this Resolution and in the City’s Staff
<br />Report and as memorialized in Density Bonus Agreement No. 2025-03 in Exhibit A attached
<br />hereto and incorporated as though fully set forth herein and incorporated as though fully set
<br />forth herein. This decision is based upon the evidence submitted at the above said hearing,
<br />which includes, but is not limited to: the Request for Planning Commission Action dated
<br />June 23, 2025, and exhibits attached thereto; and the public testimony, written and oral, all
<br />of which are incorporated herein by this reference.
<br />
<br />
<br />ADOPTED this 23rd day of June 2025, by the following vote:
<br />
<br />
<br />AYES: Commissioners: Carl Benninger, Manuel J. Escamilla, Jennifer
<br />Oliva, Bao Pham, Alan Woo (5)
<br />NOES: Commissioners:
<br />ABSENT: Commissioners: Christopher Leo, Isuri S. Ramos (2)
<br />ABSTENTIONS: Commissioners:
<br />
<br />
<br />
<br />
<br />
<br /> _______________________
<br /> Jennifer Oliva
<br /> Chairperson
<br />
|