|
Resolution No. 2019-xx
<br />Page 3 of 8
<br />5. That the proposed use will not adversely affect the General Plan of
<br />the city or any specific plan applicable to the area of the proposed
<br />use.
<br />The adult day care facility will not adversely affect the General
<br />Plan. The project is located within the District Center (DC)
<br />General Plan land use designation which serves as an anchor
<br />to the City’s commercial corridors and accommodates major
<br />development activity. The project is consistent with several
<br />goals and policies of the General Plan, including the Land Use
<br />Element and Public Facilities Element. For example, Land Use
<br />Element Goal 1 to promote a balance of land uses to address
<br />basic community needs. The adult day care is located within a
<br />Professional zoning district. Policy 2.9, supports
<br />developments that create a business environment that is safe
<br />and attractive. The conditions of approval requiring the
<br />Applicant to paint the building, install new landscaping and
<br />execute a property maintenance agreement will maintain a
<br />safe and attractive environment for the community. Public
<br />Facilities Element Goal 1 to provide sufficient public, cultural,
<br />recreational, educational, social service and related facilities
<br />to meet the community’s needs. The adult day care will
<br />provide a social service to families of the City’s residents and
<br />workers.
<br />
<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 />
<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 uses 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 />
<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 />2-11
|