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<br />Resolution No. 2025-38
<br />Page 7 of 14
<br />volunteers, and instrumentalities thereof, harmless from any and all claims, demands,
<br />lawsuits, writs of mandamus, referendum, and other proceedings (whether legal,
<br />equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute
<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
<br />the public hearing, hereby approves Variance No. 2025-01, as conditioned in Exhibit A,
<br />attached hereto and incorporated herein, to allow a reduced front-yard landscaped area
<br />of one and seven feet and a reduced rear-yard landscaped area of zero feet abutting
<br />residential zones and land uses for the property located at located at 1001 S. Fairview
<br />Street and a reduced front-yard landscaped area of five feet for the property at 2745 W.
<br />McFadden Avenue, based on the findings contained in Section 1. This decision is based
<br />upon the evidence submitted at the above-referenced hearing, including but not limited
<br />to: The Request for Planning Commission Action dated December 8, 2025, and exhibits
<br />attached thereto; and the public testimony, written and oral, all of which are incorporated
<br />herein by this reference.
<br />
<br />ADOPTED this 8th day of December, 2025.
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<br />AYES: Commissioners: Carl Benninger, Christopher Leo, Jennifer Oliva,
<br />Bao Pham, Alan Woo (5)
<br />NOES: Commissioners:
<br />ABSENT: Commissioners: Manuel J. Escamilla (1)
<br />ABSTENTIONS: Commissioners: Isuri S. Ramos (1)
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<br />
<br /> _______________________
<br /> Isuri S. Ramos
<br /> Chairperson
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