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G. On May 9, 2022, the Planning Commission held a duly noticed public
<br />hearing on SPR No. 2022-01.
<br />H. The Planning Commission, after considering all of the evidence submitted,
<br />finds and determines that the project is in substantial compliance with
<br />applicable development standards outlined within the Specific Development
<br />Plan No.19 (SD-19) zoning district and the Historic French Park Design
<br />Guidelines. Specifically, the Planning Commission finds that the proposed
<br />residence would meet all required SD-19 development standards, including
<br />but not limited to, lot coverage, height, and setbacks. In addition, the
<br />residence has adopted an architectural design identified as appropriate
<br />within the Guidelines (i.e., Victorian architectural style). The residence has
<br />been designed to be compatible in size, scale, massing, and design to the
<br />nearby historic homes and neighborhood. It maintains architectural
<br />standards compatible with the architectural character of the historic district
<br />and is designed to include historically appropriate exterior materials, gable
<br />treatments, and architectural massing consistent with existing historic
<br />architectural styles found in the area. The overall features and materials of
<br />the residence would be architecturally compatible with the Guidelines, as it
<br />would include high quality materials that will ensure that the residences age
<br />well for the duration of the building's lifetime.
<br />Section 2. In accordance with the California Environmental Quality Act (CEQA)
<br />and the CEQA Guidelines, the project is exempt from further review pursuant to Section
<br />15303 of the CEQA Guidelines (Class 3/New Construction) because the project consists
<br />of the construction of a new residential structure. Based on this analysis, Notice of
<br />Exemption, Environmental Review Nos. 2021-45, will be filed for this project.
<br />Section 3. The Applicant shall indemnify, protect, defend and hold the City and/or
<br />any of its officials, officers, employees, agents, departments, agencies, authorized
<br />volunteers, and instrumentalities thereof, harmless from any and all claims, demands,
<br />lawsuits, writs of mandamus, referendum, and other 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 the legal counsel providing the City's defense, and that Applicant shall reimburse
<br />the City for any costs and expenses directly and necessarily incurred by the City in the
<br />course of the defense. City shall promptly notify the Applicant of any Action brought and
<br />City shall cooperate with Applicant in the defense of the Action.
<br />Resolution No. 2022-15
<br />Page 2 of 6
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