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and size of housing, including single-family homes, apartments,
<br />townhomes, mixed/multiuse housing, transit oriented housing,
<br />multi -generational housing and live work opportunities. The project
<br />will provide a for -sale townhome product with units that range from
<br />two to three bedrooms with 1,170 to 2,021 square feet in size.
<br />Section 2. The City Council has independently reviewed and considered the
<br />information contained in the initial study and the mitigated negative declaration (MND),
<br />Environmental Review No. 2015-14, prepared with respect to this project. The City
<br />Council has, as a result of its consideration and the evidence presented at the hearings
<br />on this matter, determined that, as required pursuant to the California Environmental
<br />Quality Act (CEQA) and the State CEQA Guidelines, the MND adequately addresses
<br />the expected environmental impacts of this project. There is no evidence from which it
<br />can be fairly argued that the project will have a significant adverse effect on the
<br />environment.
<br />Section 3. Variance No. 2017-10 shall not be effective until the City Council
<br />reviews and approves the Mitigated Negative Declaration Environmental Review No.
<br />2015-14 and General Plan Amendment No. 2017-03. If said approvals are held to be
<br />invalid or unconstitutional by the decision of any court of competent jurisdiction, or
<br />otherwise denied, then this variance shall be null and void and have no further force and
<br />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,
<br />authorized volunteers, and instrumentalities thereof, harmless from any and all claims,
<br />demands, lawsuits, writs of mandamus, referendum, 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 />concerning the project, whether such Actions are brought under the Ralph M. Brown
<br />Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision
<br />Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or
<br />local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a
<br />court of competent jurisdiction. It is expressly agreed that the City shall have the right to
<br />approve, which approval will not be unreasonably withheld, the legal counsel providing
<br />the City's defense, and that Applicant shall reimburse the City for any costs and
<br />expenses directly and necessarily incurred by the City in the course of the defense.
<br />City shall promptly notify the Applicant of any Action brought and City shall cooperate
<br />with Applicant in the defense of the Action.
<br />Resolution No. 2019-046
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