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amounts of hazardous substances, where public services are available and the <br />surrounding area is not environmentally sensitive. <br />The proposed building is 3,567 square feet in floor area within the Arterial <br />Commercial zone which allows for service, retail and commercial uses. The proposed <br />tenants are not anticipated to use significant amounts of hazardous substances. There <br />are public services available through the City of Santa Ana and the Orange County Fire <br />Authority and the surrounding area is not environmentally sensitive. As a result, <br />Categorical Exemption, Environmental Review No. 2017-136 will be filed for this project. <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 Conditional Use Permit No. 2018-20, as conditioned <br />in Exhibit A, attached hereto and incorporated herein for the project located at 2301 <br />North Tustin Avenue. This decision is based upon the evidence submitted at the <br />abovesaid hearing, which includes, but is not limited to: the Request for Planning <br />Commission Action dated October 8, 2018 and October 22, 2018, and exhibits attached <br />thereto; and the public testimony, written and oral, all of which are incorporated herein <br />by this reference. <br />ADOPTED this 22nd day of October, 2018. <br />AYES: Commissioners: MCLOUGHLIN, MENDOZA, NGUYEN, VERINO <br />(4) <br />NOES: Commissioners: <br />ABSENT: Commissioners: <br />ABSTENTIONS: Commissioners: <br />APPROVED AS TO FORM: <br />Sonia R. Carvalho, City Attorney <br />By:'�&' <br />Lisa Storck <br />Assistant City Attorney <br />ALDERETE, CONTRERAS-LEO, REYNA (3) <br />C <br />Mark WAoughlin <br />Chairperson <br />Resolution No. 2018-31 <br />Page 4 of 8 <br />I <br />