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Section 2. In accordance with the California Environmental Quality Act (CEQA) <br />the recommended action is exempt from CEQA per Section 15061(b)(3). This exemption <br />applies to projects where it can be seen with certainty that there is no possibility that the <br />activity in question may have a significant effect on the environment. <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. 2017-01 as conditioned in Exhibit A, <br />attached hereto and incorporated herein, for the project located at 1523 W. Seventeenth <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, all of which <br />are incorporated herein by this reference. <br />ADOPTED this 28" 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 />L nette Verino <br />Chairperson <br />APPROVED AS TO FORM: <br />Sonia R. Carvalho, City Attorney <br />By: <br />Lisa Storck <br />Assistant City Attorney <br />Resolution No. 2017-27 <br />Page 3 of 5 <br />