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minimize the impacts of climate change. Goal 2 of the S
<br />Element supports the protection of residents and
<br />environmental resources from contaminated hazardous
<br />material sites and minimize risks associated with the use,
<br />production, storage, transport, and disposal of hazardous
<br />materials. The proposed project will support Goal 4 of the M
<br />Element, Goal 1 of the CN Element, and Goal 2 of the S
<br />Element by utilizing land use, design, and sustainable
<br />strategies to protect environmental resources and residents.
<br />The proposed site configuration of the site 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
<br />the CEQA Guidelines, the project is exempt from further review pursuant to Section
<br />15303 of the CEQA Guidelines (Class 3 — New Construction or Conversion of Small
<br />Structures). This exemption applies to the construction of small structures, which in
<br />urbanized areas applies to up to four commercial buildings not exceeding 10,000
<br />square feet in floor area on sites zoned for such use if not involving the use of
<br />significant amounts of hazardous substances, where all necessary public services and
<br />facilities are available, and the surrounding area is not environmentally sensitive. The
<br />proposed structures total less than 10,000 square feet and will be served by all
<br />necessary utilities. The project site's location does not include any environmental
<br />features indicating that it is sensitive. As such, a Notice of Exemption, Environmental
<br />Review No. 2017-83, will be filed for this project.
<br />Section 3, CUP No. 2023-03 shall not be effective until the City of Santa Ana
<br />Planning Commission reviews and approves CUP-2019-41-MOD-1. If said approvals are
<br />held to be invalid or unconstitutional by the decision of any court of competent jurisdiction,
<br />or otherwise denied, then this conditional use permit shall be null and void and have no
<br />further force and effect.
<br />Section 4. The Applicant shall indemnify, protect, defend and hold the City
<br />and/or any of its officials, officers, employees, agents, departments, agencies,
<br />authorized volunteers, and instrumentalities thereof, harmless from any and all claims,
<br />demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether
<br />legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative
<br />dispute resolution procedures (including, but not limited to arbitrations, mediations, and
<br />such other procedures), judgments, orders, and decisions (collectively "Actions"),
<br />brought against the City and/or any of its officials, officers, employees, agents,
<br />departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to
<br />modify, set aside, void, or annul, any action of, or any permit or approval issued by the
<br />City and/or 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
<br />Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision
<br />Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or
<br />local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a
<br />court of competent jurisdiction. It is expressly agreed that the City shall have the right to
<br />Resolution No. 2023-XXX
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