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The proposed conversion complies with the goals, policies,
<br />and objectives of the city's general plan. Policy 2.8 of the
<br />Land Use Element promotes the rehabilitation of commercial
<br />properties and encourages increased levels of capital
<br />investment. The commercial condominiums will allow
<br />individual ownership and increase capital investment in the
<br />City. Policy 2.9 of the Land Use Element supports
<br />development that creates a business environment that is
<br />safe and attractive. A condition of approval will require the
<br />removal of any graffiti that may occur on the site. Policy 5.5
<br />encourages development that is compatible and supportive
<br />of surrounding land uses. The proposed subdivision is
<br />located in an area with clean -tech commercial and industrial
<br />land uses and the project will help maintain compatibility with
<br />the surrounding professional and industrial uses.
<br />Section 2. In accordance with the California Environmental Quality Act
<br />(CEQA), the recommendation is exempt from further review pursuant to Section 15315
<br />of the CEQA Guidelines. This Class 15 exemption allows the subdivision of existing
<br />commercial or industrial buildings where no physical changes occur. Categorical
<br />Exemption Environmental Review No. 2019-18 will be 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 />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. 2020-23
<br />Page 5 of 10
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