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Resolution No. 2019-xx
<br />Page 3 of 7
<br />served by the proposed mono-eucalyptus. In addition, Goals
<br />3 and 5 require preservation of neighborhood character and
<br />integrity as well as mitigation of developments’ impacts. The
<br />proposed mono-eucalyptus is designed to minimize visual
<br />impact on the area by implementing stealth design and using
<br />the prime location of the facility in relation to the existing
<br />mature trees on that side of the property to screen the
<br />facility. Further, Policy 2.2 encourages land uses that
<br />accommodate the City’s needs for services. Enhancing a
<br />cell phone provider’s coverage in the area enhances
<br />services that are readily available for business owners,
<br />workers, and residents in the immediate vicinity.
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<br />Section 2. In accordance with the California Environmental Quality Act (CEQA)
<br />and the CEQA Guidelines, the project is categorically exempt pursuant to Section 15303
<br />of the CEQA Guidelines, New Construction of Small Structures. This exemption applies
<br />to in-fill developments for the construction and location of limited numbers of new, small
<br />facilities or structures; the installation of small new equipment and facilities in small
<br />structures; and the conversion of existing small structures from one use to another. The
<br />project consists of the installation of a new wireless communications facility.
<br />Categorical Exemption Environmental Review No. 2018-82 will be filed for this project.
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<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 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.
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