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The variance for a reduction in required off-street parking will
<br />not adversely affect the General Plan. The project is located
<br />within the District Center (DC) General Plan land use
<br />designation which serves as an anchor to the City's
<br />commercial corridors and accommodates major development
<br />activity. The project is consistent with several goals and
<br />policies of the General Plan, including the Land Use Element
<br />and Public Facilities Element. For example, Land Use Element
<br />Goal 1 to promote a balance of land uses to address basic
<br />community needs. The variance will allow an adult day care to
<br />operate at the site which provides a service to families of the
<br />residents and workers. Policy 2.9, supports developments that
<br />create a business environment that is safe and attractive. The
<br />condition of approval for property maintenance will help
<br />maintain a safe and attractive environment for the community.
<br />Public Facilities Element Goal 1 to provide sufficient public,
<br />cultural, recreational, educational, social service and related
<br />facilities to meet the community's needs. The adult day care
<br />will provide a social service to residents and workers in the
<br />city.
<br />Section 2. In accordance with the California Environmental Quality Act, the
<br />project is exempt from further review per Section 15301 of the Guidelines for the
<br />California Environmental Quality Act. The Class 1 exemption applies to the operation,
<br />repair, maintenance, permitting, leasing, licensing, or minor alteration of existing private
<br />structures involving negligible or no expansion of use beyond that existing at the time of
<br />the lead agency's determination.
<br />The existing 10,800-square foot building is within the Professional zone which
<br />allows for professional office uses. The proposed adult day care and office use do not
<br />involve an expansion in use. As a result, Categorical Exemption, Environmental Review
<br />No. 2017-35 will be filed for this project.
<br />Section 3. 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 />Resolution No. 2019-29
<br />Page 3 of 6
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