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Resolution No. 2022-18
<br />Page 3 of 8
<br />goals and objectives of the Land Use Element. Goal 1
<br />promotes a balance of land uses to address community
<br />needs, which includes means of communication that will be
<br />served by the proposed mono-eucalyptus. In addition, Goals
<br />3 and 5 require preservation of neighborhood character and
<br />integrity as well as mitigation of developments’ impacts. The
<br />proposed mono-eucalyptus is designed to minimize visual
<br />impact on the area by implementing stealth design and using
<br />the prime location of the facility in relation to the existing
<br />mature trees on that side of the property to screen the facility.
<br />Further, Policy 2.2 encourages land uses that accommodate
<br />the City’s needs for services. Enhancing a cell phone
<br />provider’s coverage in the area enhances services that are
<br />readily available for business owners, workers, and residents
<br />in the immediate vicinity.
<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 15303 (Class 3 – New Construction or Conversion of Small Structures). A Class
<br />3 exemption consists of the construction and location of limited numbers of new, small
<br />facilities or structures; installation of small new equipment and facilities in small structures;
<br />and the conversion of existing small structures from one use to another where only minor
<br />modifications are made to the exterior of the structure. The project proposes a small
<br />facility and installation of new equipment enclosed by small structures. As such, a Notice
<br />of Exemption, Environmental Review No. 2021-19, will be filed for this project.
<br />Section 3. The Applicant shall indemnify, protect, defend and hold the City and/or
<br />any of its officials, officers, employees, agents, departments, agencies, authorized
<br />volunteers, and instrumentalities thereof, harmless from any and all claims, demands,
<br />lawsuits, writs of mandamus, referendum, and other proceedings (whether legal,
<br />equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute
<br />resolution procedures (including, but not limited to arbitrations, mediations, and such
<br />other procedures), judgments, orders, and decisions (collectively “Actions”), brought
<br />against the City and/or any of its officials, officers, employees, agents, departments,
<br />agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set
<br />aside, void, or annul, any action of, or any permit or approval issued by the City and/or
<br />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 reimburse
<br />the City for any costs and expenses directly and necessarily incurred by the City in the
<br />course of the defense. City shall promptly notify the Applicant of any Action brought and
<br />City shall cooperate with Applicant in the defense of the Action.
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