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consistent with the General Commercial (GC) General Plan land use designation. E. In accordance with the California Environmental Quality Act the recommended action is exempt from further review per Section 15303. The project is exempt from further review pursuant to Section 15303. The Section 15303 (Class 3) exemption consists of the construction of small structures. The proposal involves the demolition of an existing 9,100 square foot building and construction of two new commercial buildings totaling 9,300 square feet which is under the 10,000 square foot threshold for this exemption. Categorical Exemption Environmental Review No. 2014 -160 will be filed for this project. Section 2. 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 negligence of the City of Santa Ana. Section 3. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Variance No. 2015 -09 for 1330 East Seventeenth Street as conditioned in Exhibit A attached hereto and incorporated herein. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Staff reports and exhibits attached thereto; and, the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 91" day of November, 2015. AYES: Commissioners: Alderete, Bacerra, Bauer, Gartner, Mill, Nalle (6) NOES: Commissioners: None (0) ABSENT: Commissioners: Verino (1) ABSTENTIONS: Commissioners: None (0) Resolution No. 2015 -38 Page 3 of 5 31 B -30