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tenant is not anticipated to use significant amounts of hazardous substances. There are <br />public services available through the City of Santa Ana and the Orange County Fire <br />Authority and the surrounding area is not environmentally sensitive. As a result, <br />Categorical Exemption, Environmental Review No. 2017-116 will be filed 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 <br />the public hearing hereby approves Variance No. 2018-12, as conditioned in Exhibit A, <br />attached hereto and incorporated herein for the project located at 2701 North Grand <br />Avenue. This decision is based upon the evidence submitted at the abovesaid hearing, <br />which includes, but is not limited to: the Request for Planning Commission Action dated <br />January 28, 2019, and exhibits attached thereto; and the public testimony, written and <br />oral, all of which are incorporated herein by this reference. <br />ADOPTED this 28th day of January, 2019. <br />AYES: <br />Commissioners: <br />Cano, Contreras -Leo, McLoughlin, Nguyen, Verino (5)\ <br />NOES: <br />Commissioners: <br />None (0) <br />ABSENT: <br />Commissioners: <br />None (0) <br />ABSTENTIONS: Commissioners: Alderete, Benavides (2) <br />M r M oughlin <br />Chairperson <br />APPROVED AS TO FORM: <br />Sonia R. Carvalho, City Attorney <br />By: 6y, . <br />Lisa Storck <br />Assistant City Attorney <br />Resolution No. 2019-05 <br />Page 6 of 9 <br />