REPORT TO THE CITY COUNCIL December 10, 2020 FROM: DAN ZACK, AICP, Assistant Director Development Services Division THROUGH: RALPH KACHADOURIAN, Supervising Planner Development Services Division BY: THOMAS VEATCH, Planner Development Services Division SUBJECT ..Title Consideration of an Indemnity Agreement for an Environmental Assessment related to Development Permit Application No. P20-03406, which is a Major Revised Exhibit application proposing modifications to a previously approved shell building (Building 31) under Development Permit Application No. D-17-175 at the Northpointe Business Park, located on a parcel west of the corner of South Northpointe Drive and East Prime Avenue. 1. APPROVE Indemnification Agreement with G4 Enterprises LTD, for indemnity related to claims arising from California Environmental Quality Act (CEQA). ..Body RECOMMENDATION Staff recommends approval of the Indemnification Agreement. EXECUTIVE SUMMARY City Council approval of an Indemnification Agreement between the City and the applicant is required in relation to the preparation of the Initial Study for an Addendum prepared by the applicant's consultant for the purpose of review under the California Environmental Quality Act (CEQA) pursuant to Section 15164 of the CEQA Guidelines. BACKGROUND Development Permit Application No. P20-03406 was filed by Frank Salas of Ware Malcomb on behalf of G4 Enterprises LTD and pertains to the property located at 3611 South Northpointe Drive. The applicant proposes a revised exhibit to modify the building and site plan exhibits of Building 31, a 469,569 sq. ft. cold dark shell building. The shell building and overall development within the Northpointe Business Park was previously approved by Development Permit Application No. D-17-175. Changes to the site and shell building include the addition of truck docks and automobile parking on the site. The parcel is zoned IH/UGM (Heavy Industrial / Urban Growth Management). In accordance with the California Environmental Quality Act (CEQA), an Addendum to the original developments Environmental Assessment was prepared by the applicant's consultant. Per City requirements, an Indemnity Agreement was prepared between the City and the applicant. As a Condition of Approval for the Revised Exhibit application, approval of the Indemnity Agreement by the City Council is required before final building permits can be issued. Approval of the Revised Exhibit itself does not require City Council approval and was approved by the Planning & Development Director on December 4, 2020. ENVIRONMENTAL FINDINGS This agreement is not a project for purposes of CEQA Guidelines Section 15378. FISCAL IMPACT Affirmative action by the Council will result in timely deliverance of the review and processing of the applications as is reasonably expected by the applicant. Prudent financial management is demonstrated by the expeditious completion of the related agreement l inasmuch as the applicant has paid to the city a fee for facilitating the scope of work and review of the Addendum and that fee is, in turn, funding the respective operations of the Planning and Development Department. Attachment: Exhibit A: Indemnification Agreement