|
<br />
<br />
<br />Resolution No. 2019-xx
<br />Page 3 of 7
<br />
<br />and is only a small fraction of the total roof surface area. The
<br />specific location where the roof will be modified is located
<br />towards the rear of the building, where it will be less visible
<br />from the street right-of-way.
<br />4. That the granting of a variance will not adversely affect the General
<br />Plan of the city.
<br />The subject property has a General Plan Land Use
<br />Designation of Industrial (IND) which is implemented with the
<br />Light-Industrial (M-1) zoning designation. Approving the
<br />variance would allow the Applicant to continue operating the
<br />manufacturing-type business. Therefore, the project will not
<br />adversely affect the General Plan, but rather support the
<br />goals of the city’s General Plan. Goal 2.8 and 2.9 of the
<br />Land Use Element supports development which promotes
<br />rehabilitation of commercial properties and increased levels
<br />of capital investment, as well as, supporting developments
<br />that create a business environment that is safe and
<br />attractive.
<br />Section 2. In accordance with the California Environmental Quality Act
<br />(CEQA), the recommendation is exempt from further review pursuant to Section 15301
<br />(Class 1 “Existing Facilities”). Class 1 exemptions consists of the operation, repair,
<br />maintenance, permitting, leasing, licensing, or minor alterations of existing public or
<br />private structures, facilities involving no expansion at the time of the lead agency's
<br />determination. No new building square footage is proposed as part of the project. The
<br />area of the roof affected by the height increase is 1,800 square feet, which is less than
<br />one percent of the total square footage of the building and is only a small fraction of the
<br />total roof surface area. The specific location where the roof will be modified is located
<br />towards the rear of the building, where it will be less visible from the right-of-way. Based
<br />on this analysis, a Notice of Exemption for Environmental Review No. 2018-84 will be
<br />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, and other and 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 />2 - 9
|