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• MM NOI-2: The Applicant shall require that all construction contractors restrict <br /> the operation of vibratory rollers and other vehicles with a weight greater than <br /> 24 tons to locations at least 25 feet from off-site buildings; lighter equipment <br /> may be used within this distance. <br /> • MM TCR-1 : Prior to the commencement of any ground-disturbing activity, the <br /> Project applicant/lead agency shall retain a Native American Monitor from or <br /> approved by the Gabrieleno Band of Mission Indians—Kjzh Nation to monitor all <br /> ground-disturbing activities at on-site and off-site Project locations, with daily <br /> monitoring logs prepared and monitoring continuing until the Kizh and City <br /> agree it is no longer necessary. <br /> • MM TCR-2: Upon discovery of any Tribal Cultural Resources, all construction <br /> activities in the immediate vicinity (not less than 50 feet) shall cease until the <br /> Kizh monitor and/or Kizh archaeologist has assessed the find; the Tribe shall <br /> recover and retain all Tribal Cultural Resources in a manner it deems <br /> appropriate. <br /> • MM TCR-3: Upon discovery of any Native American human remains and <br /> associated funerary or ceremonial objects, all work shall cease, the County <br /> Coroner and Native American Heritage Commission procedures pursuant to <br /> Public Resources Code Section 5097.98 and Health and Safety Code Section <br /> 7050.5 shall be followed, preservation in place shall be the preferred treatment, <br /> and confidentiality of the discovery shall be maintained <br /> The IS/MND's analysis determined that the above-mentioned environmental <br /> categories would cause no substantial adverse change to the environment with the <br /> inclusion of the enforceable mitigation measures, that would be adopted by the <br /> City. Based on the whole of the administrative record, including the Initial Study, <br /> Mitigated Negative Declaration, and Mitigation Monitoring and Reporting Program, <br /> the City Council finds that the proposed Project will not have a significant effect on <br /> the environment with implementation of the adopted mitigation measures, and <br /> hereby adopts the IS/MND and MMRP in conjunction with approval of this tentative <br /> tract map. Based on this analysis, a Notice of Determination, Environmental <br /> Review No. 2023-25, will be filed for this Project. <br /> Section 3. This Resolution shall not be effective unless and until the City Council <br /> Ordinance for ZOA No. 2026-02 is adopted and becomes effective. If said Ordinance is <br /> for any reason held to be invalid or unconstitutional by the decision of any court of <br /> competent jurisdiction, or otherwise does not go into effect for any reason, then this <br /> Resolution shall be null and void and have no further force and effect. <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, authorized <br /> volunteers, and instrumentalities thereof, harmless from any and all claims, demands, <br /> lawsuits, writs of mandamus, and other 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 /> Resolution No. 2026-010 <br /> Page 6of14 <br />