Laserfiche WebLink
Resolution No. 2021-02 <br />Page 3 of 7 <br />properties to the east and the residential properties to the west have <br />a concrete masonry wall at the property line. In addition, the <br />decorative design of the fence will complement the church building. <br />4. That the granting of a minor exception will not adversely affect the <br />General Plan of the City. <br />The project is consistent with the General Plan as the proposed minor <br />exception is consistent with Goal 2.0 of the Urban Design Element, <br />which states that new development should be proportionally and <br />aesthetically related to its district setting. Specifically, Goal 2.7 of <br />the Urban Design Element states that projects must exhibit a <br />functional, comfortable scale in relation to the neighborhood. This <br />proposed seven-foot high fence is in scale with existing fencing and <br />structures in the project site’s vicinity. Landscaping will be maintained <br />in front of the fence to soften the height and appearance in the front <br />yard. <br />G. This project was reviewed in accordance with the Guidelines for the <br />California Environmental Quality Act (CEQA). The project is exempt from <br />further review pursuant to CEQA Guidelines Section 15303, which pertains <br />to New Construction or Conversion of Small Structures. This Class 3 <br />exemption applies to accessory (appurtenant) structures, including fences. <br />Based on this criteria and staff analysis, Categorical Exemption <br />Environmental Review No. 2021-70 will be filed for this project. <br /> Section 2. 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, mediations, 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 seek to <br />modify, set aside, void, or annul, any action of, or any permit or approval issued by the <br />City and/or 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 the legal counsel providing the City’s defense, and that Applicant shall <br />reimburse the City for any costs and expenses directly and necessarily incurred by the <br />City in the course of the defense. City shall promptly notify the Applicant of any Action <br />brought and City shall cooperate with Applicant in the defense of the Action.