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5. That the proposed use will not adversely affect the General Plan of
<br />the city or any specific plan applicable to the area of the proposed
<br />use.
<br />The proposed car wash will not adversely affect the General
<br />Plan. The project is consistent with several goals and policies
<br />of the General Plan, including the Economic Development
<br />Element, Land Use Element, and Urban Design Element.
<br />Land Use Element Goal 1 promotes a balance of land uses to
<br />address basic community needs. Policy 1.10 encourages the
<br />development of commercial uses at arterial roadway
<br />intersections in commercial districts. Policy 2.8 promotes
<br />rehabilitation of commercial properties and encourages
<br />increased levels of capital investment. This project will
<br />promote the investment of a new commercial development
<br />and encourage increased levels of capital investment through
<br />the reconstruction of a new car wash on this site. The project
<br />will also promote a balance of land uses to address basic
<br />community needs and that enhance the economic viability of
<br />the City and will provide a use that will assist in diversifying the
<br />range of services available in the City.
<br />
<br />Section 2. In accordance with the California Environmental Quality Act
<br />(CEQA) and the CEQA Guidelines, the project is categorically exempt from further
<br />review per Section 15303 (Class 3 – New Construction or Conversions of Small
<br />Structures). This exemption applies to the construction of small structures, which in an
<br />urbanized areas the exemption applies to up to four such commercial buildings not
<br />exceeding 10,000 square feet in floor area on sites zoned for such use if not involving
<br />the use of significant amounts of hazardous substances, where all necessary public
<br />services and facilities are available, and the surrounding area is not environmentally
<br />sensitive. The proposed structures total less than 10,000 square feet and will be served
<br />by all necessary utilities. The project site’s location does not include any environmental
<br />features indicating that it is sensitive. The proposed project will demolish an existing
<br />automated car wash and a new automated car wash will be constructed having the
<br />same purpose and capacity as the existing car wash and will be located in the same
<br />location. As a result, Categorical Exemption, Environmental Review No. 2016-89 will be
<br />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, referendum, and other proceedings (whether
<br />legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative
<br />dispute resolution procedures (including, but not limited to arbitrations, mediatio ns, and
<br />such other procedures), judgments, orders, and decisions (collectively “Actions”),
<br />brought against the City and/or any of its officials, officers, employees, agents,
<br />departments, agencies, and instrumentalities thereof, that challenge, attack, or s eek to
<br />modify, set aside, void, or annul, any action of, or any permit or approval issued by the
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