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disclosing the changes to the subject properties, and that none of the conditions
<br />identified in Public Resources Code section 21166 and State CEQA Guidelines
<br />section 15162 requiring subsequent environmental review have occurred, because:
<br />A. The project does not constitute a substantial change that would require
<br />major revisions of the 2010 EIR due to the involvement of new significant
<br />environmental effects or a substantial increase in the severity of previously
<br />identified significant effects.
<br />B. There is not a substantial change with respect to the circumstances under
<br />which the project will be developed that would require major revisions of the
<br />2010 EIR due to the involvement of new significant environmental effects or
<br />a substantial increase in the severity of the previously identified significant
<br />effects.
<br />C. New information of substantial importance has not been presented that was
<br />not known and could not have been known with the exercise of reasonable
<br />diligence at the time the 2010 EIR was certified or adopted, showing any of
<br />the following: (i) that the modifications would have one or more significant
<br />effects not discussed in the earlier environmental documentation; (ii) that
<br />significant effects previously examined would be substantially more severe
<br />than shown in the earlier environmental documentation; (iii) that mitigation
<br />measures or alternatives previously found not to be feasible would in fact be
<br />feasible and would substantially reduce one or more significant effects, but
<br />the Applicant declined to adopt such measures; or (iv) that mitigation
<br />measures or alternatives considerably different from those analyzed
<br />previously would substantially reduce one or more significant effects on the
<br />environment, but which the Applicant declined to adopt.
<br />Further, the City Council finds that, pursuant to State CEQA Guidelines Section 15164,
<br />only minor changes or additions to the 2010 EIR are necessary to address the proposed
<br />project. In making this finding, the City Council has considered both the Addendum and
<br />the certified, final 2010 EIR.
<br />Section 4. 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 claims,
<br />demands, lawsuits, writs of mandamus, and other and 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 />concerning the project, whether such Actions are brought under the Ralph M. Brown
<br />Resolution No. 2020-093
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