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approximately 25 feet from the side (rear) property line, where
<br />the minimum is 10 feet. Moreover, the new development will
<br />be compatible in scale, and consistent with the mix of
<br />architectural styles and character of the neighborhood.
<br />5. That the proposed use will not adversely affect the General Plan of
<br />the city or any specific plan applicable to the area of the proposed
<br />use.
<br />The proposed accessory structure will not adversely affect the
<br />General Plan. Policy 3.1 of the Land Use Element encourages
<br />development, which provides a positive contribution to
<br />neighborhood character and identity. Policy 4.1 of the same
<br />element encourages the maintenance of areas of the City with
<br />unique characteristics, which contribute positively to the area
<br />in which they are located. The proposed structure will
<br />contribute to the already eclectic character and identity of the
<br />site without negatively affecting any of the adjacent
<br />residences. In addition, the installation of the structure will
<br />positively contribute to the neighborhood, which has mix of
<br />architectural styles. Furthermore, Policy 4.2 encourages the
<br />retention of historical buildings and sites. The installation of
<br />the proposed structure would not require the removal of any
<br />elements of the historic structure. The overall design and
<br />massing of the new construction will be compatible with, but
<br />differentiated from the historic building, in keeping with
<br />required historic standards.
<br />Section 2. In accordance with the California Environmental Quality Act (CEQA)
<br />and the CEQA Guidelines, the project is categorically exempt from further review per
<br />Section 15303 (Class 3 — New Construction or Conversion of Small Structures). Class 3
<br />exemption applies to the construction of accessory structures, including but not limited to,
<br />garages, carports, patios, swimming pools, and fences. Based on this analysis, a Notice
<br />of Exemption, Environmental Review No. 2022-11 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 />Resolution No. 2022-XXX
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