Resolution No. 2019-xx
<br /> Page 3 of 6
<br />Element Goal 2 promotes land uses that enhance the City’s
<br />economic and fiscal viability. Furthermore, the project is
<br />consistent with Policy 2.8, to promote rehabilitation of
<br />commercial properties, and encourage increased levels of
<br />capital investment. The car wash will redevelop the site with a
<br />new commercial business that will provide a service to those
<br />working and living in the City. Urban Design Goal 1 aims to
<br />improve the physical appearance of the City through
<br />development of districts that project a sense of place, positive
<br />community image and quality environmental. Policy 1.5
<br />promotes projects that enhance architectural forms, textures,
<br />colors, and materials are expected in the design of all
<br />projects. The vacant lot will be redeveloped with a new
<br />building with contemporary architecture and water efficient
<br />landscaping.
<br />
<br />Section 2. In accordance with the California Environmental Quality Act, the
<br />project is exempt from further review per Section 15332 of the Guidelines for the
<br />California Environmental Quality Act. The Class 32 exemption applies to in fill
<br />development. The project is consistent with the General Plan and zoning designation.
<br />The combined development site is 1.46 acres and surrounded by urban uses. The site
<br />was previously developed with commercial uses and has no habitat for endangered,
<br />rare or threatened species. The project will not result in any significant impacts related
<br />to traffic, noise, air quality or water quality according to the traffic impact analysis and
<br />with implementation of water quality requirements. The project can be served by all
<br />required utilities and public services. As a result, Categorical Exemption, Environmental
<br />Review No. 2019-69 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, 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 />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
<br />approve, which approval will not be unreasonably withheld, the legal counsel providing
<br />the City’s defense, and that Applicant shall reimburse the City for any costs and
<br />expenses directly and necessarily incurred by the City in the course of the defense.
<br />3-25
|