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financially infeasible, as this would likely result in fewer units,
<br />reduced unit sizes along First Street, or a narrower drive aisle.
<br />This, in turn, would create a ripple effect, ultimately reducing
<br />the size of Buildings 10, 11, and 12. The units have been
<br />designed to strike a balance between common areas and
<br />bedroom space, and any further reduction in unit size may
<br />compromise livability for future owners. Additionally, if the
<br />Project becomes financially unviable for the Applicant, it could
<br />result in the loss of the five affordable townhouse units.
<br />Section 2. Pursuant to the California Environmental Quality Act (CEQA) and
<br />CEQA Guidelines, the proposed Project is exempt from further environmental review
<br />under Section 15168 (Program EIR). This exemption applies when a previously certified
<br />Program Environmental Impact Report (Program EIR) has adequately analyzed the
<br />environmental effects of an activity, and no new significant impacts would result from the
<br />proposed project. If the proposed Project remains within the scope of the Program EIR
<br />and does not require a subsequent Environmental Impact Report (EIR), no additional
<br />environmental documentation is required.
<br />A CEQA Section 15168 Consistency Memorandum was prepared by First Carbon
<br />Solutions, the applicant's environmental consultant. The purpose of the memorandum
<br />was to determine whether the proposed project was exempt from further review, pursuant
<br />to the relevant 2007 MEMU Program EIR, certified in 2007, and the MEMU Subsequent
<br />EIR, certified in 2018. This memorandum was reviewed by City staff and City's
<br />environmental consultant, Ardurra Consulting. Upon review, it was determined that the
<br />Project does not introduce new or more severe environmental effects beyond those
<br />previously identified. Additionally, there are no substantial changes in environmental
<br />circumstances that would necessitate further review. Moreover, as required under CEQA
<br />Guidelines Section 15168(c)(3), all applicable mitigation measures from the MEMU EIR
<br />and SEIR will be incorporated into the project. Based on this analysis, the project qualifies
<br />for an exemption under CEQA, and no further environmental documentation is necessary.
<br />Therefore, Notice of Exemption, Environmental Review No. 2024-53, will be filed for the
<br />project.
<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, 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 />concerning the project, whether such Actions are brought under the Ralph M. Brown Act,
<br />Resolution No. 2025-XX
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