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accordance with the provisions of State Density Bonus Law and SAMC
<br />Section 41-1607, and in accordance with Site Plan Review No. 2025-01 and
<br />Vesting Tentative Tract Map No. 2025-01, as conditioned.
<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 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 />concerning the project, whether such Actions are brought under the Ralph M. Brown Act,
<br />California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map
<br />Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local
<br />constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of
<br />competent jurisdiction. It is expressly agreed that the City shall have the right to approve
<br />the legal counsel providing the City's defense, and that Applicant shall reimburse the City
<br />for any costs and expenses directly and necessarily incurred by the City in the course of
<br />Resolution No. 2025-XX
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