MOTION
Moved by Council Member ____________, seconded by Council Member ___________, that upon review and consideration of all materials and exhibits of current record relative to Environmental Information Form Case No. PEIF-002598-2023 (“Environmental Information Form Case”) for the project site located at 1303-1315 North Central Avenue, and after having conducted a public hearing on the appeal of said matter, pursuant to the Glendale Municipal Code, 1995, and receiving testimony, the City Council of the City of Glendale, California, based upon all of the evidence in the record, hereby REVERSES the Community Development Director’s decision to require an Environmental Impact Report and determine that the existing buildings are not historic resources. The City Council hereby continues this matter until February 18, 2025, without further public notice, and directs the City Attorney to prepare written findings in support of reversing the Community Development Director’s decision to require an Environmental Impact Report, subject to the following condition:
1. David Brody (Applicant) and Central BWB, LLC (Owner), and their respective successors, owners by deed, deed-in-lieu of foreclosure, foreclosure or otherwise, and assigns, and/or any real party in interest with an interest in the Project Site named as a party in any suit (hereinafter collectively the “Developer”), agree to and shall defend, indemnify, and hold harmless the City, and each of its agents, officers, council members, commissioners, attorneys, employees and representatives (the “Indemnitees”) from any claim, action or proceeding brought against the City to attack, set aside, void or annul any City land use or California Environmental Quality Act approval for, or related to, the Environmental Information Form Case and/or the Project. The Developer agrees to use legal counsel reasonable acceptable to the City. The foregoing shall include, without limitation, payment of all damages awarded against the Indemnitees, if any, costs of suit, attorney’s fees, and other costs and expenses incurred in connection with such action or proceeding. In the event that a claim, action or proceeding referenced herein is brought, the City shall promptly notify the Developer of the existence of the claim, action or proceeding and will cooperate fully in the defense of such claim, action or proceeding. As used herein, “land use approval” shall refer to decisions of the City approving requests of applicants for planning permits, including, but not limited to, general plan amendments, annexations, zone changes, zoning ordinance text amendments, tentative maps, vesting tentative maps, tentative parcel maps, reversions to acreage, final maps, final modifications or amendments, time extensions, parcel map waivers, lot line adjustments, boundary line adjustments, certificates of compliance, conditional certificates of compliance, design review, development agreements, conditional use permits, conditional use permit modifications, conditional use permit extensions, variances, variance modifications, precise plan of design, specific plans, density bonus review/housing plan applications, sign permits, parking reduction permits, site plans, temporary use permits, any administrative or discretionary permit pertaining to a land use approval and/or any accompanying California Environmental Quality Act determination(s) pertaining to the type of approval referred to in this section, and any other similar approval.
Vote as follows:
Ayes:
Noes:
Abstain:
Absent: