RESO 2019-26_1904 W FIRST STREET (MONUMENT SIGN)

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commercial districts. The project will provide for a new convenience store and service station along a major corridor. Land Use Element Goal 2 promotes land uses that enhance the City's economic and fiscal viability. Policy 2.8, promotes rehabilitation of commercial properties, and encourages increased levels of capital investment. Policy 2.9, supports developments that create a business environment that is safe and attractive. Policy 2.3 encourages the development of mutually beneficial and supportive business clusters within the community. Section 2. In accordance with the California Environmental Quality Act, a Mitigated Negative Declaration (Environmental Review No. 2017-140) and a Mitigation Monitoring and Reporting Program was prepared for this project. The Planning Commission has reviewed and considered the information contained in the Initial Study/Mitigated Negative Declaration ("IS/MND") and administrative record for the Project, including all oral and written comments received during the comment period. Based on the foregoing, the Planning Commission recommends that the City Council find that the IS/MND contains a complete and accurate reporting of the environmental impacts associated with the Project, has been completed in compliance with CEQA, and reflects the independent judgment of the City. The Planning Commission further recommends that the City Council find that all environmental impacts of the Project are either less than significant or can be mitigated to a level of less than significant pursuant to the mitigation measures outlined in the IS/MND and the Mitigation Monitoring and Reporting Program ("MMRP"). The Planning Commission further recommends that the City Council find that there is no substantial evidence in the administrative record supporting a fair argument that the Project may result in significant environmental impacts. On these bases, the Planning Commission recommends that the City Council adopt and approve the IS/MND and MMRP. Any project approvals issued by the Planning Commission in this Resolution shall not become effective unless and until the City Council adopts and approves the IS/MND. Section 3. Variance No. 2019-01 shall not be effective unless and until the City Council reviews and approves Amendment Application No. 2019-02 and the Mitigated Negative Declaration, Environmental Review No. 2017-140. If said approvals are held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise denied, then this variance shall be null and void and have no further force and effect. Section 4. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively "Actions"), brought against the City and/or any of its officials, officers, employees, agents, Resolution No. 2019-26 Page 3 of 6