|
<br />
<br />D. The Planning Commission has reviewed the information presented in the
<br />Request for Planning Commission Action staff report dated May 13, 2019,
<br />including any and all attachments therein.
<br />E. As part of the recommended action, the City Council will take actions on the
<br />following: (1) Resolution adopting and approving Mitigated Negative
<br />Declaration and Monitoring and Reporting Program, Environmental Review
<br />No. 2017-140, attached and included herein as Exhibit A; (2) Ordinance
<br />approving Amendment Application No. 2019-02, attached and include herein
<br />as Exhibit B; (3) Resolution approving Conditional Use Permit No. 2019-12
<br />as conditioned, attached and included herein as Exhibit C; and (4)
<br />Resolution approving Variance No. 2019-01 as conditioned, attached and
<br />included herein as Exhibit D.
<br />Section 2. The Planning Commission has independently reviewed and
<br />analyzed the draft Mitigation Negative Declaration. The draft Mitigated Negative
<br />Declaration is included as Attachment 10 to the Request for Planning Commission Action
<br />for the project dated May 13, 2019. Pursuant to CEQA Guidelines Section 15074(a), the
<br />Planning Commission considered the analysis and conclusion of the MND as well as
<br />the mitigations outlined in the Mitigation Monitoring and Reporting Program. The
<br />Planning Commission recommends, as a result of its consideration and the evidence
<br />presented at the hearings on this matter, that the City Council determine that, as
<br />required pursuant to the California Environmental Quality Act (CEQA) and the State
<br />CEQA Guidelines, the Mitigated Negative Declaration adequately addresses the
<br />expected environmental impacts of this project. On the basis of this review, the Planning
<br />Commission finds that there is no substantial evidence from which it can be fairly
<br />argued that the project will have a significant adverse effect on the environment and the
<br />Mitigate Negative Declaration reflects the independent judgment and analysis of the
<br />Planning Commission.
<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,
<br />authorized volunteers, and instrumentalities thereof, harmless from any and all
<br />claims, demands, lawsuits, writs of mandamus, and other and proceedings (whether
<br />legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative
<br />dispute resolution procedures (including, but not limited to arbitrations, mediations,
<br />and such other procedures), judgments, orders, and decisions (collectively “Actions”),
<br />brought against the City and/or any of its officials, officers, employees, agents,
<br />departments, agencies, and instrumentalities thereof, that challenge, attack, or seek
<br />to modify, set aside, void, or annul, any action of, or any permit or approval issued by
<br />the City and/or any of its officials, officers, employees, agents, departments,
<br />agencies, and instrumentalities thereof (including actions approved by the voters of
<br />the City) for or concerning the project, whether such Actions are brought under the
<br />Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning
<br />Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or
<br />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
<br />6-43
|