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H. In accordance with the California Environmental Quality Act the <br />recommended action is exempt from further review per Section 15332. <br />This Class 32 exemption allows infill development provided they are <br />consistent with the zoning and General Plan, are on a project site of no <br />more than five acres surrounded by urban uses, do not have any noise or <br />traffic impacts, and can be served by existing utilities. <br />The car wash facility is a new, small facility that has been found by the <br />City's development review agencies to not create any adverse impacts. <br />The facility is proposed to be located on a site that is not designated by <br />federal, state, or local agencies to be an environmental resource of <br />hazardous or critical concern. The cumulative impact of this project will <br />not be significant as there are no other similar car wash facilities currently <br />on or near the site, the property is already served by roads and utilities, <br />and will not create any adverse impacts such as noise, traffic, or safety <br />concerns. There is no reasonable possibility that the project will have a <br />significant effect on the environment due to unusual circumstances. The <br />project is not located within a highway officially designated as a state <br />scenic highway and will not result in damage to scenic resources. The <br />project is not located on a site which is included on any list compiled <br />pursuant to Section 65962.5 of the Government Code. Lastly, the project <br />is not proposed on a site that is considered a historical resource or that is <br />listed in the Santa Ana Register of Historic Properties. As a result, <br />Categorical Exemption Environmental Review No. 2016-20 will be filed for <br />this project. <br />Section 2. The applicant agrees to indemnify, hold harmless, and defend the <br />City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, <br />claims, actions or proceedings that may be brought arising out of its approval of this <br />project, and any approvals associated with the project, including, without limitation, any <br />environmental review or approval, except to the extent caused by the sole negligence of <br />the City of Santa Ana. <br />Section 3. The Planning Commission of the City of Santa Ana after conducting <br />the public hearing hereby approves Conditional Use Permit No. 2016-36 as conditioned <br />in Exhibit A attached hereto and incorporated herein, and Variance No. 2016-07 as <br />conditioned in Exhibit B attached hereto and incorporated herein, for the project located <br />at 4412 Westminster Avenue. This decision is based upon the evidence submitted at <br />the abovesaid hearing, which includes, but is not limited to: the Request for Planning <br />Commission Action dated October 24, 2016, and exhibits attached thereto; and, the <br />Request for Planning Commission Action dated November 28, 2016, and exhibits <br />attached thereto; and, the public testimony, written and oral, all of which are <br />incorporated herein by this reference. <br />Resolution No. 2016-41 <br />Page 6 of 11 <br />31A-29 <br />