25C - AGMT FIFTH ST PARKING LEASE

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significant effect on the environment due to iunUsual circumstances. The project is not located within a highway officially designated as a state scenic highway and will not result in damage to scenic resources. The project is not located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code, As a result, Categorical Exemption Environmental Review No. 2017-67 will be filed for this project. Section 3. The Applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this project, and any approvals associated with the project, including, without limitation, any environmental review or approval, except to the extent caused by the sole negligence of the City of Santa Ana, Section 4. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Variance No. ,2018-01 as conditioned in Exhibit A attached hereto and incorporated herein, for the project located at 201 East Fourth Street. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated January 22, 2018, and exhibits attached thereto; and, the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 22nd day of January, 2018. AYES: Commissioners: ALDERETE, BACERRA, CONTRERAS-LEO, MENDOZA VERINO (5) NOES: Commissioners: ABSENT: Commissioners: NGUYEN (1) ABSTENTIONS: Commissioners: MCLOUGHLIN (1) APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Lisa Storck Assistant City Attorney Mark McLoughlin Chairperson 25C-26 P,esohition No. 2018-04 Page 5 of 3