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Resolution No. 2019-xx
<br />Page 4 of 9
<br />rehabilitation of commercial properties, and encourages
<br />increased levels of capital investment. The drive-through will
<br />contribute to the viability of the commercial site and the new
<br />building is designed to match the architectural style of the
<br />existing building in order to illustrate the importance of the car
<br />culture for which southern California is known. Policy 2.9
<br />supports developments that create a business environment
<br />that is safe and attractive. The property maintenance
<br />condition of approval will maintain a safe and attractive
<br />environment in the community. Economic Development
<br />Element Goal 2 maintains and enhances the diversity of the
<br />City’s economic base. Policy 2.3 encourages the
<br />development of mutually beneficial and supportive business
<br />clusters within the community. Urban Design Element Goal 1
<br />improves the physical appearance of the City through the
<br />development of districts that project a sense of place, positive
<br />community image and quality environment. The project is in
<br />the Bristol Street Corridor Specific Plan and is designed to
<br />meet all additional development standards designated in the
<br />Community Commercial zoning district.
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<br />Section 2. In accordance with the California Environmental Quality Act, the
<br />project is exempt pursuant to CEQA Guidelines Section 15302, Class 2, Replacement
<br />or Reconstruction. This exemption applies to the replacement or reconstruction of
<br />existing structures and facilities where the new structure will be located on the same site
<br />as the structure it replaced and will have substantially the same purpose and capacity
<br />as the structure it replaced. The proposed project would replace the existing commercial
<br />building with the same purpose and capacity and would be located on the same site.
<br />Based on this analysis, a Notice of Exemption, Environmental Review No. 2018-43 will
<br />be filed for this project.
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<br /> Section 3.The Applicant shall indemnify, protect, defend and hold the City and/or
<br />any of its officials, officers, employees, agents, departments, agencies, authorized
<br />volunteers, and instrumentalities thereof, harmless from any and all claims, demands,
<br />lawsuits, writs of mandamus, referendum, and other proceedings (whether legal,
<br />equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute
<br />resolution procedures (including, but not limited to arbitrations, mediations, and such
<br />other procedures), judgments, orders, and decisions (collectively “Actions”), brought
<br />against the City and/or any of its officials, officers, employees, agents, departments,
<br />agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set
<br />aside, void, or annul, any action of, or any permit or approval issued by the City and/or
<br />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
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