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Section 3. The Applicant, by the submittal of a residential development <br />project, is activating the Urban Neighborhood -2 zoning designation for the site as <br />identified in the Transit Zoning Code and is relinquishing all rights granted by the <br />Industrial Overlay (I -OZ) zone designation. <br />Section 4. 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 5. The Planning Commission of the City of Santa Ana hereby <br />approves the variance for the project subject to conditions outlined in Exhibit A, <br />attached hereto and incorporated herein. This decision is based upon the evidence <br />submitted at the above said hearing, which includes, but is not limited to: the Request <br />for Planning Commission Action dated January 22, 2018, and exhibits attached thereto, <br />and the public testimony, written and oral, all of which are incorporated herein by this <br />reference. <br />ADOPTED this 22th day of January, 2018 by the following vote: <br />AYES: Commissioners: BACERRA, CONTRERAS-LEO, MENDOZA, <br />VERINO (4) <br />NOES: Commissioners: ALDERETE (1) <br />ABSENT: Commissioners: NGUYEN (1) <br />ABSTENTIONS: Commissioners: MCLOUGHLIN ) <br />Mark McLoughlin <br />Chairperson <br />APPROVED AS TO FORM: <br />Sonia R. Carvalho, City Attorney <br />By: c <br />Lisa Storck <br />Assistant City Attorney <br />Resolution No. 2018-02 <br />Page 4 of 7 <br />11 <br />