|
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 that
<br />was not known and could not have been known with the exercise of
<br />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 />The City Council further finds that, pursuant to State CEQA Guidelines section
<br />15164, only minor changes or additions to the 2010 EIR are necessary to address the
<br />proposed project. In making this finding, the City Council has considered both the
<br />Addendum and the certified, final EIR.
<br />SECTION 4. The City Council hereby finds that mitigation measures identified in
<br />the 2010 EIR remain applicable to the Transit Zoning Code, with exception of mitigation
<br />measure MM4.4-1(a) as part of the Cultural Resources which has been revised after
<br />consultation with California Native American Tribes. These findings are described more
<br />specifically in the Mitigation Monitoring and Reporting Program ("MMRP") attached
<br />hereto as Exhibit A. The City Council therefore hereby adopts those mitigation
<br />measures identified as remaining applicable to the Transit Zoning Code, through the
<br />MMRP attached hereto and incorporated herein as Exhibit A.
<br />SECTION 5. The City Council hereby approves and adopts the 2020 4th and
<br />Mortimer Mixed -Use Development EIR Addendum related to Amendment Application
<br />No. 2020, attached hereto and incorporated herein as 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 />Resolution No. 2020-094
<br />Page 4 of 6
<br />
|