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residents. The proposed site configuration contributes to
<br />protection of local air quality and minimizes environmental
<br />impacts associated with the business.
<br />Section 2. Pursuant to the California Environmental Quality Act (CEQA) and the
<br />CEQA Guidelines, the project is exempt from further review pursuant to Section 15303 of
<br />the CEQA Guidelines (Class 3 — New Construction or Conversion of Small Structures).
<br />This exemption applies to the construction of small structures, which, in urbanized areas,
<br />applies to up to four commercial buildings not exceeding 10,000 square feet in floor area
<br />on sites zoned for such use if not involving the use of significant amounts of hazardous
<br />substances, where all necessary public services and facilities are available, and the
<br />surrounding area is not environmentally sensitive. The proposed structures total less than
<br />10,000 square feet and will be served by all necessary utilities. The project site's location
<br />does not include any environmental features indicating that it is sensitive. As such, a
<br />Notice of Exemption, Environmental Review No. 2017-83, will be filed for this project.
<br />Section 3. CUP-2019-41-MOD-1 shall not be effective until the City of Santa Ana
<br />Planning Commission reviews and approves CUP No. 2023-3. If said approvals are held to
<br />be invalid or unconstitutional by the decision of any court of competent jurisdiction, or
<br />otherwise denied, then this conditional use permit shall be null and void and have no further
<br />force and effect.
<br />Section 4. The Applicant shall indemnify, protect, defend and hold the City and/or
<br />any of its officials, officers, employees, agents, departments, agencies, authorized
<br />volunteers, and instrumentalities thereof, harmless from any and all claims, demands,
<br />lawsuits, writs of mandamus, referendum, and other proceedings (whether legal,
<br />equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute
<br />resolution procedures (including, but not limited to arbitrations, mediations, and such
<br />other procedures), judgments, orders, and decisions (collectively "Actions"), brought
<br />against the City and/or any of its officials, officers, employees, agents, departments,
<br />agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set
<br />aside, void, or annul, any action of, or any permit or approval issued by the City and/or
<br />any of its officials, officers, employees, agents, departments, agencies, and
<br />instrumentalities thereof (including actions approved by the voters of the City) for or
<br />concerning the project, whether such Actions are brought under the Ralph M. Brown Act,
<br />California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map
<br />Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local
<br />constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of
<br />competent jurisdiction. It is expressly agreed that the City shall have the right to approve
<br />the legal counsel providing the City's defense, and that Applicant shall reimburse the City
<br />for any costs and expenses directly and necessarily incurred by the City in the course of
<br />the defense. City shall promptly notify the Applicant of any Action brought and City shall
<br />cooperate with Applicant in the defense of the Action.
<br />Section 5. The Planning Commission of the City of Santa Ana after conducting
<br />the public hearing hereby approves Conditional Use Permit No. 2019-41-MOD-1, as
<br />conditioned in Exhibit A, attached hereto and incorporated herein, for the project located
<br />at 2230 North Tustin Avenue. This decision is based upon the evidence submitted at the
<br />Resolution No. 2023-XXX
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