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Resolution No. 2020-31
<br />Page 4 of 10
<br />Based on the substantial evidence set forth in the record, including but not
<br />limited to the 2010 EIR and the 2020 Third & Broadway Addendum, the
<br />Planning Commission finds that an addendum is the appropriate
<br />document for disclosing the changes to the subject properties, and that
<br />none of the conditions identified in Public Resources Code section 21166
<br />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
<br />new significant environmental effects or a substantial increase in
<br />the severity of 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
<br />exercise of reasonable diligence at the time the 2010 EIR was
<br />certified or adopted, showing any of the following: (i) that the
<br />modifications would have one or more significant effects not
<br />discussed in the earlier environmental documentation; (ii) that
<br />significant effects previously examined would be substantially more
<br />severe than shown in the earlier environmental documentation; (iii)
<br />that mitigation measures or alternatives previously found not to be
<br />feasible would in fact be feasible and would substantially reduce
<br />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
<br />substantially reduce one or more significant effects on the
<br />environment, but which the 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 claims,
<br />demands, lawsuits, writs of mandamus, and other and proceedings (whether legal,
<br />equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute
<br />resolution procedures (including, but not limited to arbitrations, mediations, and such
<br />other procedures), judgments, orders, and decisions (collectively “Actions”), brought
<br />against the City and/or any of its officials, officers, employees, agents, departments,
<br />agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set
<br />aside, void, or annul, any action of, or any permit or approval issued by the City and/or
<br />any of its officials, officers, employees, agents, departments, agencies, and
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