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Based on the substantial evidence set forth in the record, including but not
<br />limited to the 2010 EIR and the 2019 Addendum, the City Council finds that an
<br />addendum is the appropriate document for disclosing the changes to the subject
<br />properties, and that none of the conditions identified in Public Resources Code
<br />section 21166 and State CEQA Guidelines section 15162 requiring subsequent
<br />environmental review have occurred, because:
<br />A. The project does not constitute a substantial change that would
<br />require major revisions of the 2010 EIR due to the involvement of new
<br />significant environmental effects or a substantial increase in the severity of
<br />previously identified significant effects.
<br />B. There is not a substantial change with respect to the circumstances
<br />under which the project will be developed that would require major
<br />revisions of the 2010 EIR due to the involvement of new significant
<br />environmental effects or a substantial increase in the severity of the
<br />previously identified significant effects.
<br />C. New information of substantial importance has not been presented
<br />that was not known and could not have been known with the exercise of
<br />reasonable diligence at the time the 2010 EIR was certified or adopted,
<br />showing any of the following: (i) that the modifications would have one or
<br />more significant effects not discussed in the earlier environmental
<br />documentation; (ii) that significant effects previously examined would be
<br />substantially more severe than shown in the earlier environmental
<br />documentation; (iii) that mitigation measures or alternatives previously
<br />found not to be feasible would in fact be feasible and would substantially
<br />reduce one or more significant effects, but the Applicant declined to adopt
<br />such measures; or (iv) that mitigation measures or alternatives
<br />considerably different from those analyzed previously would substantially
<br />reduce one or more significant effects on the environment, but which the
<br />Applicant declined to adopt.
<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,
<br />authorized volunteers, and instrumentalities thereof, harmless from any and all
<br />claims, demands, lawsuits, writs of mandamus, and other and proceedings (whether
<br />legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative
<br />dispute resolution procedures (including, but not limited to arbitrations, mediations,
<br />and 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
<br />to modify, set aside, void, or annul, any action of, or any permit or approval issued by
<br />the City and/or any of its officials, officers, employees, agents, departments,
<br />agencies, and instrumentalities thereof (including actions approved by the voters of
<br />the City) for or concerning the project, whether such Actions are brought under the
<br />Resolution No. 2019-115
<br />Page 4 of 11
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