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Finally, the site will be served by all required utilities and public services as it is <br />located within a heavily -urbanized area near the intersection of Saint Andrew Place and <br />Lyon Street. Based on this analysis, a Notice of Exemption for Environmental Review <br />No. 2016-154 will be filled for this project. <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 Site Plan Review No. 2017-06, Variance No. 2017-03 <br />and Tentative Parcel Map No. 2016-04 as conditioned in "Exhibit A" attached hereto and <br />incorporated as though fully set forth herein. This decision is based upon the evidence <br />submitted at the above said hearing, which includes, but is not limited to: the Request for <br />Planning Commission Action dated October 23, 2017, and exhibits attached thereto; and <br />the public testimony, written and oral, all of which are incorporated herein by this <br />reference. <br />ADOPTED this 23`d day of October 2017 by the following vote: <br />AYES: Commissioners: Alderete, Contreras -Leo, McLoughlin, Verino (4) <br />NOES: Commissioners: None (0) <br />ABSENT: Commissioners: Mendoza, Nguyen (2) <br />ABSTENTIONS: Commissioners: Bacerra (1) <br />Mark cLoughlin <br />Chairman <br />Resolution No. 2017-32 <br />Page 6 of 10 <br />