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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 the <br />public hearing, hereby approves Site Plan Review No. 2016-03, Variance No. 2017-05, <br />and Variance No. 2017-06 as conditioned in Exhibit A attached hereto and incorporated as <br />though fully set forth herein. This decision is based upon the evidence submitted at the <br />above said hearing, which includes, but is not limited to: the Request for Planning <br />Commission Action dated December 11, 2017, and exhibits attached thereto; and the <br />public testimony, written and oral, all of which are incorporated herein by this reference. <br />ADOPTED this 110 day of December 2017 by the following vote: <br />AYES: Commissioners: <br />NOES: Commissioners: <br />ABSENT: Commissioners: <br />ABSTENTIONS: Commissioners: <br />APPROVED AS TO FORM: <br />Sonia R. Carvalho, City Attorney <br />Lisa Storck <br />Assistant City Attorney <br />Mark McLoughlin <br />Chairman <br />75A-22 <br />Resolution No. 2017-xx <br />Page 6 of 11 <br />