RESO 2016-41_4412 Westminster Ave (Two Thumbs Up Car Wash)

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H. In accordance with the California Environmental Quality Act the recommended action is exempt from further review per Section 15332. w This Class 32 exemption allows infill development provided they are consistent with the zoning and General Plan, are on a project site of no more than five acres surrounded by urban uses, do not have any noise or traffic impacts, and can be served by existing utilities. The car wash facility is a new, small facility that has been found by the City's development review agencies to not create any adverse impacts. The facility is proposed to be located on a site that is not designated by federal, state, or local agencies to be an environmental resource of hazardous or critical concern. The cumulative impact of this project will not be significant as there are no other similar car wash facilities currently on or near the site, the property is already served by roads and utilities, and will not create any adverse impacts such as noise, traffic, or safety concerns. There is no reasonable possibility that the project will have a significant effect on the environment due to unusual circumstances. The project is not located within a highway officially designated as a state scenic highway and will not result in damage to scenic resources. The project is not located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code. Lastly, the project is not proposed on a site that is considered a historical resource or that is listed in the Santa Ana Register of Historic Properties. As a result, Categorical Exemption Environmental Review No. 2016-20 will be filed for this project. Section 2. 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 3. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2016-36 as conditioned in Exhibit A attached hereto and incorporated herein, and Variance No. 2016-07 as conditioned in Exhibit B attached hereto and incorporated herein, for the project located at 4412 Westminster 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 24, 2016, and exhibits attached thereto; and, the Request for Planning Commission Action dated November 28, 2016, and exhibits attached thereto; and, the public testimony, written and oral, all of which are incorporated herein by this reference. Resolution No. 201641 Page 6 of 11