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<br />
<br />
<br />Resolution No. 2025-XX
<br />Page 3 of 4
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<br />(1010 and 1012 S. Cypress Avenue), contrary to Policies UD-
<br />1.1 (Design Quality) and UD-1.7 (Visual Clutter).
<br />Moreover, the property is located within the Pacific Park
<br />neighborhood, a neighborhood that has been previously
<br />identified as a historically sensitive area (HSA) by the City
<br />Council. Therefore, the applicant’s request for the minor
<br />exception would be in conflict with the Historic Preservation
<br />Element Goal HP-1 (Historic Areas and Resources), requiring
<br />preservation and enhancement of the City’s historic areas and
<br />resources to maintain a unique sense of place. The addition
<br />of a second electrical drop would add to the proliferation of
<br />public utility lines, damaging the integrity of the historically
<br />sensitive area and potentially affecting future eligibility for the
<br />creation of historic districts, contrary to Policy HP-1.3 (Historic
<br />Districts and Design Standards). This policy requires the City
<br />to explore opportunities to preserve neighborhoods with
<br />largely intact historic buildings and character through the
<br />creation of historic districts.
<br />Section 2. Pursuant to the California Environmental Quality Act (CEQA) and the
<br />CEQA Guidelines, the project is not subject to CEQA, pursuant to Public Resources Code
<br />Section 21080(b)(5), as the Zoning Administrator has denied Minor Exception 2024-04
<br />and CEQA does not apply to projects that a public agency rejects or disapproves.
<br />Section 3. The Applicant shall indemnify, protect, defend and hold the City
<br />and/or 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, and other and 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
<br />the City and/or any of its officials, officers, employees, agents, departments, agencies,
<br />and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or
<br />annul, any action of, or any permit or approval issued by the City and/or any of its officials,
<br />officers, employees, agents, departments, agencies, and instrumentalities thereof
<br />(including actions approved by the voters of the City) for or concerning the Project,
<br />whether such Actions are brought under the Ralph M. Brown Act, California
<br />Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code
<br />of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local c onstitution,
<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, which
<br />approval will not be unreasonably withheld, the legal counsel providing the City’s defense,
<br />and that Applicant shall reimburse the City for any costs and expenses directly and
<br />necessarily incurred by the City in the course of the defense. City shall promptly notify
<br />the Applicant of any Action brought and City shall cooperate with Applicant in the defense
<br />of the Action.
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