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Along with the application for this variance, a general plan
<br />amendment is also being requested by the Applicant.
<br />Currently, the subject property has a General Plan Land Use
<br />Designation of Low Density Residential (LR-7) which the
<br />Applicant is requesting to change to General Commercial
<br />(GC). Approving the variance would allow the Applicant to
<br />construct a new 3,705 square feet medical building on the
<br />vacant lot. Therefore, the project as a whole will not
<br />adversely affect the General Plan, but rather support the
<br />goals of the city's General Plan. Goal 3.1 of the Land Use
<br />Element supports development which provides a positive
<br />contribution to neighborhood character and identity and Goal
<br />3.5 encourages new development that is compatible in
<br />scale, and consistent with the architectural character of the
<br />neighborhood.
<br />Section 2. In accordance with the California Environmental Quality Act
<br />(CEQA) and the CEQA Guidelines, the recommendation is exempt from further review
<br />pursuant to Section 15303 (Class 3 "New Construction or Conversion of Small
<br />Structures"). The Class 3 Categorical Exemption allows for the construction of new in -fill
<br />commercial buildings in a zone which permits commercial land uses if not involving the
<br />use of hazardous substances where all necessary public services and facilities are
<br />available and the surrounding area is not environmentally sensitive. Based on this
<br />analysis, a Notice of Exemption for Environmental Review No. 2017-50 will be filed for
<br />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 />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 />Resolution No. 2019-33
<br />Page 3 of 6
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