181022_RESO 2018-35_325 N TUSTIN AVE

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Element, and Urban Design Element. Land Use Element Goal 2, to promote land uses that enhance the City's economic and fiscal viability. Furthermore, the project is consistent with Policy 2.8, to promote rehabilitation of commercial properties, and encourage increased levels of capital investment. The condition of approval for property maintenance will maintain a safe and attractive environment in the community. Policy 5.5 encourages development that is compatible with and supporting of surrounding land uses. The service station and its operations are compatible with the surrounding commercial and professional businesses. Economic Development Goal 2 to maintain and enhance the diversity of the City's economic base. Policy 2.3 to encourage the development of mutually beneficial and supportive business clusters within the community. Circulation Element Goal 2 to promote design and construction that facilitates safe utilization of the City's transportation system. Policy 2.1 to limit the number of driveways on arterial streets to reduce vehicular conflict, and facilitate traffic flow. Urban Design Goal 1 to improve the physical appearance of the City through development of districts that project a sense of place, positive community image and quality environmental. Specifically, Policy 1.5 to include enhanced architectural forms, textures, colors, and materials are expected in the design of all projects. Section 2. Mitigated Negative Declaration (Environmental Review No. 2016- 156) and a Mitigation Monitoring and Reporting Program was prepared with respect to this project. The Planning Commission has, as a result of its consideration of the record as a whole and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, Environmental Review No. 2016-156 meets all the requirements of CEQA and recommends City Council approval. Section 3. Variance No. 2018-10 shall not be effective until the City Council reviews and approves the Mitigated Negative Declaration Environmental Review No. 2016-156, General Plan Amendment No. 2018-05 and Amendment Application No. 2018- 08. If said approvals are held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise denied, then this variance shall be null and void and have no further force and effect. Section 4. The Applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this project, and any approvals associated with the project, including without limitation, any environmental review or approval, except to the extent caused by the sole negligence of the City of Santa Ana. Section 5. The Planning Commission of the City of Santa Ana, after conducting the public hearing, hereby approves Variance No. 2018-10 as conditioned in Exhibit A, Resolution No. 2018-35 Page 3 of 7