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an adopted Core Value of the Land Use Element. Approval of the
<br />CUP application would be contrary to the Land Use Element and
<br />this adopted Core Value.
<br />Policy 2.5 of the EP encourages the development of mutually
<br />beneficial and complementary business clusters within the
<br />community. As promulgated by the adopted General Plan Land
<br />Use Element, introducing community assembly does not support
<br />the development of mutually beneficial and complementary
<br />business clusters at the subject site. To the contrary, it will create
<br />irreconcilable conflicts by introducing a sensitive receptor within
<br />an area that is presently and continuing to transition to industrial
<br />uses. Approval of the requested application would lead to present
<br />and future land use conflicts stemming from noise, traffic,
<br />vibrations, queuing, solid waste generation, and circulation.
<br />Moreover, community assembly uses are not listed as
<br />permissible within the subject site's General Plan land use
<br />designation, as the use is not considered among those that foster
<br />development of mutually beneficial and complementary business
<br />clusters within the community. The land use would be
<br />incompatible with surrounding uses and approval of the CUP
<br />would be contrary to the General Plan.
<br />Section 2. In accordance with the California Environmental Quality Act (CEQA) and
<br />the CEQA Guidelines, this project is exempt from further review under Section 15061(b)(4) of
<br />the CEQA Guidelines, as the Planning Commission has denied Conditional Use Permit No.
<br />2023-18.
<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, equitable,
<br />declaratory, administrative or adjudicatory in nature), and alternative dispute resolution
<br />procedures (including, but not limited to arbitrations, mediations, and such other
<br />procedures), judgments, orders, and decisions (collectively "Actions"), brought against the
<br />City and/or any of its officials, officers, employees, agents, departments, agencies, and
<br />instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul,
<br />any action of, or any permit or approval issued by the City and/or any of its officials, officers,
<br />employees, agents, departments, agencies, and instrumentalities thereof (including actions
<br />approved by the voters of the City) for or concerning the project, whether such Actions are
<br />brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning
<br />and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5,
<br />or any other federal, state or local constitution, statute, law, ordinance, charter, rule,
<br />regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the
<br />City shall have the right to approve the legal counsel providing the City's defense, and that
<br />Applicant shall reimburse the City for any costs and expenses directly and necessarily
<br />incurred by the City in the course of the defense. City shall promptly notify the Applicant of
<br />any Action brought and City shall cooperate with Applicant in the defense of the Action.
<br />Resolution No. 2023-XXX
<br />Page 5 of 7
<br />9/11 /2023
<br />Planning Commission 1 — 13
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