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<br />Resolution No. 2020-xx
<br />Page 6
<br />and objective statement that has been completed in full compliance with
<br />CEQA and the State CEQA Guidelines, and that the EIR reflects the
<br />independent judgment and analysis of the City.
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<br />2. The City Council declares that no evidence of new significant impacts or any
<br />new information of “substantial importance”, as defined by State CEQA
<br />Guidelines Section 15088.5, has been received by the City after circulation of
<br />the Draft EIR that would require recirculation of the EIR.
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<br />NOW THEREFORE, THE CITY COUNCIL HEREBY:
<br />1. Certifies the EIR based on the entirety of the record of proceedings.
<br />2. Adopts the Findings of Fact and Statement of Overriding Considerations,
<br />attached hereto and incorporated herein as Exhibit “A”, after balancing the
<br />significant and unavoidable aesthetic impacts of the Project against the
<br />benefits of the Project
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<br />3. Adopts the Mitigation Monitoring and Reporting Program attached hereto and
<br />incorporated herein as Exhibit “B”, consistent with Public Resources Code
<br />section 21081.6; makes implementation of the Mitigation Measures
<br />contained in the Mitigation Monitoring and Reporting Program a condition of
<br />approval of the Project; and find that in the event of any inconsistencies
<br />between the Mitigation Measures set forth herein and the Mitigation
<br />Monitoring and Reporting Program, the Mitigation Monitoring and Reporting
<br />Program shall control.
<br />4. Directs City staff to cause a Notice of Determination to be filed and posted
<br />with the County of Orange Registrar-Recorder/County Clerk and the State
<br />Clearinghouse within five (5) working days of the City Council’s final Project
<br />approval.
<br />Section 2. INDEMNIFICATION. The Applicant has agreed to and shall
<br />indemnify, protect, defend and hold the City and/or any of its officials, officers,
<br />employees, agents, departments, agencies, authorized volunteers, and instrumentalities
<br />thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, and
<br />other proceedings (whether legal, equitable, declaratory, administrative or adjudicatory
<br />in nature), and alternative dispute resolution procedures (including, but not limited to
<br />arbitrations, mediations, and such other procedures), judgments, orders, and decisions
<br />(collectively “Actions”), brought against the City and/or any of its officials, officers,
<br />employees, agents, departments, agencies, and instrumentalities thereof, that
<br />challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any
<br />permit or approval issued by the City and/or any of its officials, officers, employees,
<br />agents, departments, agencies, and instrumentalities thereof (including actions
<br />approved by the voters of the City) for or concerning the Project, whether such Actions
<br />are brought under the Ralph M. Brown Act, California Environmental Quality Act, the
<br />Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections
<br />3-20
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