RESO 2021-09_400 E 17TH STREET - Laserfiche WebLink

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Resolution No. 2021-09 Page 3 of 8 establishments that operate on a 24-hour basis. The service station with convenience store are permitted and will continue to provide retail services to the community. Approval of the CUP will bring the use into compliance with operational standards and conditions of approval will mitigate any potential impacts to the general vicinity. 5. That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use. The proposed project will not adversely affect the General Plan. The General Plan land use designation of the subject site is General Commercial (GC) which allows for commercial uses such as retail, service and eating establishments. The granting of CUP No. 2021-05 supports several policies contained in the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City’s needs for goods and services. The proposed use will continue to provide gasoline services and expand convenience store goods and services to surrounding residents and visitors. Policy 2.9 supports developments that create a business environment that is safe and attractive. A condition of approval to provide a maintenance agreement will ensure property improvements are adequately maintained for a safe and attractive environment for the community and patrons to the business. Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. The proposed use is located along a commercial corridor and freeway ramp, consistent with commercial uses, and its service operation is compatible with the surrounding neighborhood, as conditioned. 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 15301 (Class 1 – Existing Facilities). Class 1 exemption applies to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. Based on this analysis, a Notice of Exemption, Environmental Review No. 2021-23, will be filed for this project. Section 3. 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, demands, lawsuits, writs of mandamus, and other and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute