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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 Variance No. 2017-02 as conditioned in Exhibit A <br />attached hereto and incorporated herein, for the project located at 123 East Eleventh <br />Street. 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 />August 28, 2017, 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 August, 2017 by the following vote: <br />AYES: Commissioners: Alderete, Bacerra, Contreras -Leo, McLoughlin, Mendoza, <br />Verino (6) <br />NOES: Commissioners: None (0) <br />ABSENT: Commissioners: Nguyen (1) <br />ABSTENTIONS: Commissioners: None (0) <br />APPROVED AS TO FORM: <br />Sonia R. Carvalho, City Attorney <br />By: <br />Lisa Storck <br />Assistant City Attorney <br />Lynnette Verino <br />Chairperson <br />31 B-11 <br />Resolution No. 2017-28 <br />Page 4 of 6 <br />