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Section 2. Pursuant to the California Environmental Quality Act ("CEQA") and
<br /> CEQA Guidelines, the proposed Project is exempt from further environmental review
<br /> under Section 15168 (Program EIR). This exemption applies when a previously certified
<br /> Program Environmental Impact Report (Program EIR) has adequately analyzed the
<br /> environmental effects of an activity, and no new significant impacts would result from the
<br /> proposed project. If the proposed Project remains within the scope of the Program EIR
<br /> and does not require a subsequent Environmental Impact Report (EIR), no additional
<br /> environmental documentation is required.
<br /> A CEQA Section 15168 Consistency Memorandum was prepared by First Carbon
<br /> Solutions, the applicant's environmental consultant. The purpose of the memorandum
<br /> was to determine whether the proposed project was exempt from further review, pursuant
<br /> to the relevant 2007 MEMU Program EIR, certified in 2007, and the MEMU Subsequent
<br /> EIR, certified in 2018. This memorandum was reviewed by City staff and City's
<br /> environmental consultant, Ardurra Consulting. Upon review, it was determined that the
<br /> Project does not introduce new or more severe environmental effects beyond those
<br /> previously identified. Additionally, there are no substantial changes in environmental
<br /> circumstances that would necessitate further review. Moreover, as required under CEQA
<br /> Guidelines Section 15168(c)(3), all applicable mitigation measures from the MEMU EIR
<br /> and SEIR will be incorporated into the project. Based on this analysis, the project qualifies
<br /> for an exemption under CEQA, and no further environmental documentation is necessary.
<br /> Therefore, Notice of Exemption, Environmental Review No. 2024-53, will be filed for the
<br /> project.
<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, 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 Act,
<br /> California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map
<br /> Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local
<br /> constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of
<br /> competent jurisdiction. It is expressly agreed that the City shall have the right to approve
<br /> the legal counsel providing the City's defense, and that Applicant shall reimburse the City
<br /> for any costs and expenses directly and necessarily incurred by the City in the course of
<br /> the defense. City shall promptly notify the Applicant of any Action brought and City shall
<br /> cooperate with Applicant in the defense of the Action.
<br /> Resolution No. 2025-012
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