RESO 2020-07_1410 AND 1412 N BROADWAY (TPM)

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The design or improvements of the proposed project will not cause serious health problems, with the proposed subdivision not having any detrimental effects upon the general public. The property will include necessary utilities and infrastructure improvements as required under Development Project Review No. 2019-17. 6. The design or improvements of the proposed project will not conflict with easements necessary for public access through or use of, property within the proposed project. The design and improvements of the proposed project will not conflict with easements necessary for public access or use of the property within the proposed project. The conceptual design of all construction for the property will not affect potential improvements to Broadway. In addition, the Applicant will be recording covenants, conditions and restrictions (CC&Rs) to ensure reciprocal rights and maintenance agreements between properties. Section 2. In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is categorically exempt from further review per Section 15303 (Class 3 — New Construction or Conversion of Small Structures). The Class 3 exemption consists of construction and location of limited numbers of new, small facilities or structures. In urbanized areas, this exemption applies to apartments, duplexes and similar structures designed for not more than six dwelling units. In addition, this exemption also applies to up to four such commercial buildings not exceeding 10,000 square feet in floor area on sites zoned for such use if not involving the use of significant amounts of hazardous substances where all necessary public services and facilities are available and the surrounding area is not environmentally sensitive. The project consists of the construction of three live/work units and the subdivision of the parcel for condominium purposes. The project is consistent with the General Plan and zoning designation and will be serviced by all public utilities as required. Based on this analysis, a Notice of Exemption for Environmental Review No. 2019-49 will be filed for this project. Section 3. TPM No. 2019-04 shall not be effective unless and until the Planning Commission reviews and approves Conditional Use Permit No. 2020-01. If said approvals are held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise denied, then TPM No. 2019-04 shall be null and void and have no further force and effect. Section 4. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, Resolution No. 2020-07 Page 3 of 8