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reasonable diligence at the time the 2010 EIR was certified or adopted,
<br />showing any of the following: (i) that the modifications would have one or
<br />more significant effects not discussed in the earlier environmental
<br />documentation; (ii) that significant effects previously examined would be
<br />substantially more severe than shown in the earlier environmental
<br />documentation; (iii) that mitigation measures or alternatives previously
<br />found not to be feasible would in fact be feasible and would substantially
<br />reduce 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 substantially
<br />reduce one or more significant effects on the environment, but which the
<br />Applicant declined to adopt.
<br />SECTION 4. The Planning Commission hereby finds that mitigation measures
<br />identified in the 2010 EIR remain applicable to the Transit Zoning Code, with exception
<br />of mitigation measure MM4.4-1(a) as part of the Cultural Resources which has been
<br />revised after consultation with California Native American Tribes. These findings are
<br />described more specifically in the Mitigation Monitoring and Reporting Program
<br />("MMRP") attached hereto as Exhibit A. The Planning Commission therefore hereby
<br />adopts those mitigation measures identified as remaining applicable to the Transit
<br />Zoning Code, through the MMRP attached hereto and incorporated herein as Exhibit A.
<br />SECTION 5. The Planning Commission hereby approves and adopts the 2020
<br />4th and Mortimer Mixed -Use Development EIR Addendum related to Site Plan Review
<br />No. 2020-03 and Variance No. 2020-06, attached hereto and incorporated herein as
<br />Exhibit B.
<br />SECTION 6. 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 />Resolution No. 2020-xx
<br />Page 4 of 8
<br />75C-353
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