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F. Mitigated Negative Declaration (Environmental Review No. 2017-96) and <br />a Mitigation Monitoring and Reporting Program was prepared with respect <br />to this project. The City Council has, as a result of its consideration of the <br />record as a whole and the evidence presented at the hearings on this <br />matter, determined that, as required pursuant to the California <br />Environmental Quality Act (CEQA) and the State CEQA Guidelines, <br />Environmental Review No. 2017-96 meets all the requirements of CEQA. <br />Section 2. 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 except to the extent caused by <br />the sole negligence of the City of Santa Ana. <br />Section 3. The City Council of the City of Santa Ana after conducting the public <br />hearing hereby approves Conditional Use Permit No. 2017-29 as conditioned in Exhibit <br />A, attached hereto and incorporated herein, for the project located at 2129 North Main <br />Street. This decision is based upon the evidence submitted at the above said hearing, <br />which includes, but is not limited to: the Request for Council Action dated February 20, <br />2018, and exhibits attached thereto; and the public testimony, written and oral, all of <br />which are incorporated herein by this reference. <br />ADOPTED this _ day of 2018. <br />APPROVED AS TO FORM: <br />Sonia R. Carvalho <br />City Attorney <br />By: <br />Lisa Storck <br />Assistant City Attorney <br />AYES: Councilmembers <br />NOES: Councilmembers <br />ABSTAIN: Councilmembers <br />NOT PRESENT: Councilmembers <br />Miguel A. Pulido <br />Mayor <br />75A-190 <br />Resolution No. 2018-xx <br />Page 4 of 7 <br />