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substantial improvements to the site, to construct five (5) <br />affordable housing units, and to meet the terms of the <br />Disposition and Development Agreement between the <br />former Community Redevelopment Agency of the City of <br />Santa Ana and Habitat for Humanity of Orange County <br />specified in Community Redevelopment Agency Resolution <br />No. 2011 -003. <br />G. In accordance with the California Environmental Quality Act, the proposed <br />project is categorically exempt from CEQA review per Section 15332. The <br />Class 32 exemption applies to projects characterized as infill development <br />meeting five specific conditions and their criteria. The project meets all <br />criteria in all five conditions. <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, 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 3. The Planning Commission of the City of Santa Ana after conducting <br />the public hearing hereby approves Tentative Tract Map No. 2015 -04 as conditioned in <br />Exhibit A, attached hereto and incorporated herein, and Density Bonus Agreement No. <br />2015 -01 for the project located at 4010 West McFadden Avenue. This decision is <br />based upon the evidence submitted at the abovesaid hearing, which includes, but is not <br />limited to: the Request for Planning Commission Action dated December 14, 2015, and <br />exhibits attached thereto; and, the public testimony, written and oral, all of which are <br />incorporated herein by this reference. <br />ADOPTED this 14th day of December, 2015. <br />AYES: Commissioners: Bacerra, Bauer, Gartner, Mill, Verino (5) <br />NOES: Commissioners: None (0) <br />ABSENT: Commissioners: Alderete (1) <br />ABSTENTIONS: Commissioners: None (0) <br />Resolution No. 2015 -39 <br />Page 5 of 8 <br />