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the City Council approved the ordinance with additional terms, which include: payment
<br />of the inclusionary housing in -lieu fee at the rate it existed on April 21, 2020 ($15.00 per
<br />square footage of habitable living space) to be paid at the time of permit issuance,
<br />Traffic Study timelines/triggers, and the submittal of a Construction Traffic Mitigation
<br />and Routing Plan. Such additional terms are included in the Mutual Declaration of
<br />Acknowledgement and Acceptance of Approval Conditions that shall be signed by the
<br />developer and property owner and recorded against the development property.
<br />Section 2. Pursuant to the California Environmental Quality Act ("CEQA") and
<br />the State CEQA Guidelines section 15164, lead agencies are required to prepare an
<br />addendum to a previously certified EIR if some changes or additions to the project are
<br />necessary, but none of the conditions requiring preparation of a subsequent EIR are
<br />present. The City Council has reviewed and considered the 2004 EIR and the 2020
<br />Addendum, and finds that these documents taken together contain a complete and
<br />accurate reporting of all of the potential environmental impacts associated with the
<br />proposed development. The City Council further finds that the 2020 Addendum has
<br />been completed in compliance with CEQA and the State CEQA Guidelines. The City
<br />Council further finds and determines that the Addendum reflects the City's independent
<br />judgment.
<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 />Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning
<br />Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or
<br />any other federal, state or local constitution, statute, law, ordinance, charter, rule,
<br />regulation, or any decision of a court of competent jurisdiction. It is expressly agreed
<br />that the City shall have the right to approve, which approval will not be unreasonably
<br />withheld, the legal counsel providing the City's defense, and that Applicant shall
<br />reimburse the City for any costs and expenses directly and necessarily incurred by
<br />the City in the course of the defense. City shall promptly notify the Applicant of any
<br />Action brought and City shall cooperate with Applicant in the defense of the Action.
<br />Section 4. The City Council hereby approves and adopts the amendments to
<br />Specific Development No. 75 (SD-75), attached hereto and incorporated herein as
<br />Exhibit A.
<br />#35272v2 Ordinance No. NS-XXXX
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