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jmf 5/6/21
<br />Resolution No. 2021-08
<br />Page 3 of 8
<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 />pine’s 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 cellular coverage in the area
<br />maintains the services that are already available for
<br />business owners, workers, visitors and residents in the
<br />immediate vicinity.
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<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). Class 1 exemption applies to the operation,
<br />repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or
<br />private structures, facilities, mechanical equipment, or topographical features, involving
<br />negligible or no expansion of use beyond that existing at the time of the lead agency's
<br />determination. Based on this analysis, a Notice of Exemption for Environmental Review
<br />No. 2021-18 will be filed for this project.
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<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 the legal counsel providing the City’s defense, and that Applicant shall
<br />reimburse the City for any costs and expenses directly and necessarily incurred by the
<br />City in the course of the defense. City shall promptly notify the Applicant of any Action
<br />brought and City shall cooperate with Applicant in the defense of the Action.
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