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Resolution No. 2019-xx Page 3 of 7 appearance of the Seventeenth Street Corridor, thereby resulting in an increase in investment on the site and surrounding properties. Finally, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. The proposed automatic car wash use will be located in a commercial area and their operations will be compatible with the surrounding commercial businesses. Section 2. In accordance with the California Environmental Quality Act, the project is exempt from further review per Section 15303 of the Guidelines for the California Environmental Quality Act. The Class 3 exemption applies to the construction of new small facilities or structures, which in an urbanized area is defined as up to four commercial buildings not exceeding 10,000 square feet in floor area, on sites zoned for such use, not involving the use of significant amounts of hazardous substances, where all necessary public services and facilities are available and the surrounding area is not environmentally sensitive. The proposed building contains 4,292 square feet within the Arterial Commercial (C-5) zoning district, which allows for service, retail and commercial uses. The proposed development is 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. 2018-116 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 Variance No. 2018-13, as conditioned in Exhibit A, attached hereto and incorporated herein for the project located at 1703 East Seventeenth Street. 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 February 25, 2019, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. 1-25