|
undeveloped property. This would in turn promote the fiscal stability
<br />and growth of the sales tax of the City as a whole. This would also
<br />be consistent with Policy EP-1.8, which promotes fiscal stability and
<br />growth of sales tax. Lastly, the project would be consistent with Goal
<br />EP-3 and Policies EP-3.7 and EP-3.8, which promotes a business
<br />friendly environment where businesses thrive, promotes a solution -
<br />based customer focus in order to facilitate additional development,
<br />and promotes a balance of community benefits. Consistent with
<br />these goals the redevelopment of site to develop with a new pad
<br />building that would serve an eating establishment would create a
<br />more business friendly environment along Bristol Street as it would
<br />deter any illicit activity and encourage business operations at
<br />neighboring properties and other remaining undeveloped properties
<br />in the corridor. Additionally, it would provide services to the
<br />community and additional dining options through the drive -through
<br />and after-hours services in a manner that is not anticipated to create
<br />on -site or off -site impacts to customers or the community, through
<br />careful site planning and operation practices.
<br />Section 2. Pursuant to the California Environmental Quality Act (CEQA) and the
<br />CEQA Guidelines, the project is exempt from further review pursuant to Section 15303 of the
<br />CEQA Guidelines (Class 3 — New Construction). Class 3 exemptions consist of construction and
<br />location of limited numbers of new, small facilities or structures, which includes commercial
<br />buildings for restaurant uses not exceeding 10,000 square feet located in urbanized areas. The
<br />project proposes to establish an eating establishment within a new 2,899- square- foot
<br />commercial building with double drive -through lanes and after-hours operation in an urbanized
<br />area. As such, a Notice of Exemption, Environmental Review No. 2023-72 will be filed for this
<br />project.
<br />Section 3. The Applicant shall indemnify, protect, defend and hold the City and/or any
<br />of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and
<br />instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of
<br />mandamus, referendum, and other proceedings (whether legal, equitable, declaratory,
<br />administrative or adjudicatory in nature), and alternative dispute resolution procedures
<br />(including, but not limited to arbitrations, mediations, and such other procedures), judgments,
<br />orders, and decisions (collectively "Actions"), brought against the City and/or any of its officials,
<br />officers, employees, agents, departments, agencies, and instrumentalities thereof, that
<br />challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or
<br />approval issued by the City and/or any of its officials, officers, employees, agents, departments,
<br />agencies, and instrumentalities thereof (including actions approved by the voters of the City) for
<br />or concerning the project, whether such Actions are brought under the Ralph M. Brown Act,
<br />California Environmental Quality Act, the Planning and Zoning Law, the SubdivisionMap Act,
<br />Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution,
<br />statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent
<br />jurisdiction. It is expressly agreed that the City shall have the right to approve the legal counsel
<br />providing the City's defense, and that Applicant shall reimburse the City for any costs and
<br />expenses directly and necessarily incurred by the City in the course of the defense. City shall
<br />promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the
<br />defense of the Action.
<br />Resolution No. 2024-XXX
<br />Page 5 of 7
<br />
|