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facility having the necessary infrastructure to operate the proposed use and no new <br />expansion of the existing building is proposed. <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 <br />the public hearing hereby approves modification to Conditional Use Permit No. 2016-05 <br />as conditioned in Exhibit "A" attached hereto and incorporated herein for the project <br />located at 305 East Fourth Street, Suites 104 and 105. This decision is based upon the <br />evidence submitted at the abovesaid hearing, which includes, but is not limited to: the <br />Request for Planning Commission Action dated November 13, 2017, and exhibits <br />attached thereto; and the public testimony, written and oral, all of which are <br />incorporated herein by this reference. <br />ADOPTED this 13" day of November, 2017. <br />AYES: Commissioners: ALDERETE, BACERRA, CONTRERAS-LEO, <br />MCLOUGHLIN, MENDOZA, NGUYEN (6) <br />NOES: Commissioners: <br />ABSENT: Commissioners: VERINO (1) <br />ABSTENTIONS: Commissioners: <br />MakVcLoughlin <br />Chairperson <br />APPROVED AS TO FORM: <br />Sonia R. Carvalho, City Attorney <br />By: <br />Lisa Storck <br />Assistant City Attorney <br />Resolution No. 2017-37 <br />Page 4 of 6 <br />3 <br />