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I . There will not be a significant cumulative effect by this project and <br />successive projects of the same type in the same place, over time. <br />2. There is not a reasonable possibility that the project will have a <br />significant effect on the environment due to unusual circumstances. <br />3. This project does not damage a scenic resource within an officially <br />designated state scenic highway. <br />4. This project is not located on a site included on any list compiled <br />pursuant to Government Code Section 65962.5. <br />5. This project does not cause a substantial adverse change in the <br />significance of a historical resource. <br />Section 3. The applicant agrees to indemnify, hold harmless, and defend the <br />City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, <br />claims, actions or proceedings that may be brought arising out of its approval of this <br />project, and any approvals associated with the project, including, without limitation, any <br />environmental review or approval, except to the extent caused by the sole negligence of <br />the City of Santa Ana. <br />Section 4. The Planning Commission of the City of Santa Ana after conducting the <br />public hearing hereby approves Conditional Use Permit No. 2017-14 as conditioned in Exhibit <br />A, attached hereto and incorporated herein, for the project located at 1600 East First Street. <br />This decision is based upon the evidence submitted at the abovesaid hearing, which <br />includes, but is not limited to: the Request for Planning Commission Action dated April 24, <br />2017 and exhibits attached thereto; and, the public testimony, written and oral, all of which <br />are incorporated herein by this reference. <br />ADOPTED this 241h day of April, 2017 <br />AYES: Commissioners: Bacerra, McLoughlin, Mendoza, Nguyen, Verino (5) <br />NOES: Commissioners: <br />ABSENT: Commissioners: Alderete, Contreras -Leo (2) <br />ABSTENTIONS: Commissioners: <br />U <br />Lydnette Verino <br />Chairperson L <br />Resolution No. 2017-17 <br />Page 4 of 7 <br />