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The proposed project will not adversely affect the General Plan. The project
<br /> is located in a General Commercial (GC) General Plan land use designation
<br /> which allows for commercial uses such as retail, service and eating
<br /> establishments. The project is consistent with several goals and policies of
<br /> the General Plan, including the Economic Development Element, Land Use
<br /> Element, and Urban Design Element. Land Use Element Goal 1 promotes a
<br /> balance of land uses to address basic community needs. Land Use Element
<br /> Goal 2 promotes land uses that enhance the City's economic and fiscal
<br /> viability. Policy 2.8 promotes rehabilitation of commercial properties, and
<br /> encourages increased levels of capital investment. The convenience store
<br /> will contribute to the viability of the commercial corridor in which it is located.
<br /> Policy 2.9 supports developments that create a business environment that
<br /> is safe and attractive. The property maintenance condition of approval will
<br /> maintain a safe and attractive environment in the community. Economic
<br /> Development Element Goal 2 maintains and enhances the diversity of the
<br /> City's economic base. Policy 2.3 encourages the development of mutually
<br /> beneficial and supportive business clusters within the community. Urban
<br /> Design Element Goal 1 improves the physical appearance of the City
<br /> through the development of districts that project a sense of place, positive
<br /> community image and quality environment.
<br /> Section 2. In accordance with the California Environmental Quality Act, a
<br /> Mitigated Negative Declaration (Environmental Review No. 2018-28) and a Mitigation
<br /> Monitoring and Reporting Program were prepared and previously adopted by the City
<br /> Council with respect to 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 /> City shall promptly notify the Applicant of any Action brought and City shall cooperate
<br /> with Applicant in the defense of the Action.
<br /> Resolution No. 2020-060
<br /> Page 4 of 9
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