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<br />Element. Goal 1 promotes a balance of land uses to address
<br />community needs, which includes means of communication
<br />that will be served by the facility. In addition, Goals 3 and 5
<br />require preservation of neighborhood character and integrity
<br />as well as mitigation of developments’ impacts. The mono-
<br />palm location minimizes visual impact on the area and
<br />assists with the stealthing of the equipment. Further, Policy
<br />2.2 encourages land uses that accommodate the City’s
<br />needs for services. Maintaining a cell phone provider’s
<br />coverage in the area adds to the services that are readily
<br />available for business owners, workers, visitors and
<br />residents in the immediate vicinity.
<br />
<br />Section 2. In accordance with the California Environmental Quality Act (CEQA)
<br />and the CEQA Guidelines, the project is categorically exempt from further review per
<br />Section 15301 (Class1 – Existing Facilities). The Class 1 exemption applies to the
<br />operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of
<br />existing public or private structures, facilities, mechanical equipment, or topographical
<br />features, involving negligible or no expansion of use beyond that existing at the time of
<br />the lead agency's determination. This is a renewal of an existing facility with no expansion
<br />of use. Based on this analysis, a Notice of Exemption for Environmental Review No.
<br />2019-103 will be filed for this project.
<br />
<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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