|
WHEREAS, the cumulative impacts of the Project identified in the EIR are
<br />described in Section 9.17 of the Findings of Fact, attached hereto as Exhibit "A"; and
<br />WHEREAS, the potential significant and irreversible environmental changes that
<br />would result from the proposed Project identified in the EIR and set forth herein, are
<br />described in Section 10 of the Findings of Fact, attached hereto as "Exhibit A"; and
<br />WHEREAS, the existence of any growth -inducing impacts resulting from the
<br />proposed Project identified in the EIR and set forth herein, are described in Section 11
<br />of the Findings of Fact, attached hereto as Exhibit "A"; and
<br />WHEREAS, alternatives to the proposed Project that might further reduce the
<br />proposed Project's environmental impacts are described in Section 12 of the Findings of
<br />Fact, attached hereto as Exhibit "A"; and
<br />WHEREAS, prior to taking action, the City Council has heard, been presented
<br />with, reviewed and considered all of the information and data in the administrative
<br />record, including but not limited to the EIR, and all oral and written evidence presented
<br />to it during all meetings and hearings; and
<br />WHEREAS, the EIR reflects the independent judgment of the City Council and is
<br />deemed adequate for purposes of making decisions on the merits of the Project; and
<br />WHEREAS, no comments made in the public hearing conducted by the City
<br />Council and no additional information submitted to the City have produced substantial
<br />new information requiring recirculation of the EIR or additional environmental review of
<br />the Project under Public Resources Code section 21092.1 and State CEQA Guidelines
<br />section 15088.5; and
<br />WHEREAS, on February 5, 2019 the City Council conducted a duly noticed
<br />public hearing on this Resolution, at which time all persons wishing to testify were heard
<br />and the Project was fully considered; and
<br />WHEREAS, all other legal prerequisites to the adoption of this Resolution have
<br />occurred; and
<br />WHEREAS, the Applicant has agreed to and shall indemnify, protect, defend and
<br />hold the City and/or any of its officials, officers, employees, agents, departments,
<br />agencies, authorized volunteers, and instrumentalities thereof, harmless from any and
<br />all claims, demands, lawsuits, writs of mandamus, and other proceedings (whether
<br />legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative
<br />dispute resolution procedures (including, but not limited to arbitrations, mediations, and
<br />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 to
<br />modify, set aside, void, or annul, any action of, or any permit or approval issued by the
<br />City and/or 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 />75E-34
<br />
|