3 - CUP8-19; CUP 18-20; VAR 18-11_2301 N TUSTIN AVE

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Resolution No. 2018-xx Page 4 of 8 amounts of hazardous substances, where public services are available and the surrounding area is not environmentally sensitive. The proposed building is 3,567 square feet in floor area within the Arterial Commercial zone which allows for service, retail and commercial uses. The proposed tenants are not anticipated to use significant amounts of hazardous substances. There are public services available through the City of Santa Ana and the Orange County Fire Authority and the surrounding area is not environmentally sensitive. As a result, Categorical Exemption, Environmental Review No. 2017-136 will be filed for this project. Section 3. 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 4. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2018-20, as conditioned in Exhibit A, attached hereto and incorporated herein for the project located at 2301 North Tustin Avenue. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Request for Planning Commission Action dated October 8, 2018 and October 22, 2018, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 22nd day of October, 2018. AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: _______________________ Mark McLoughlin Chairperson 3-21