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HomeMy WebLinkAboutCity Council Resolution 10-063APPLICATION NUMBERS: GPA10 -0001 RECOMMENDING APPROVAL OF THE NEGATIVE DECLARATION FOR THE CIRCULATION AND SCENIC HIGHWAY ELEMENT, INCLUDING A CONFORMING AMENDMENT TO THE OPEN SPACE AND CONSERVATION ELEMENT The City of Saratoga City Council finds and determines as follows with respect to the proposed Negative Declaration regarding the above - described application for approval of the Project identified below: I. Project Summary The City of Saratoga City Council has considered a proposed Negative Declaration for adoption of the Circulation and Scenic Highway Element Update and relating planning actions including an amendment to the Open Space and Conservation Element. The foregoing work is described as the "Project" in this Resolution. II. Environmental Review RESOLUTION NO: 10 -063 1. An Initial Study (IS) and Negative Declaration (ND) were prepared for the Project by the City of Saratoga, pursuant to the requirements of the California Environmental Quality Act (CEQA, Public Resources Code sections 21000 - 21177), CEQA Guidelines (14 California Code of Regulations sections 15000- 15387), and any other applicable requirements. 2. The IS and a notice of intent to adopt a ND were duly noticed and circulated for a 30 -day public review period from July 26, 2010 through August 26, 2010. 3. All Interested Parties desiring to comment on the ND were given the opportunity to submit written and oral comments on the adequacy of the ND up to and including the close of the Public Hearing on the Project before the City Council on October 20, 2010. 4. The IS and ND represents the City's independent judgment and analysis. 5. On September 8, 2010 the Planning Commission conducted a Public Hearing on the Project, during which opportunity was given to address the adequacy of the ND. All comments on the IS and ND raised during the public and agency comment period and at the Public Hearing(s) on the Project were considered by the Planning Commission. The Planning Commission recommended that the City Council approve the ND and the Project. 6. The City Council was presented with and/or had the opportunity to review all of the information in the administrative record. 7. After the conclusion of such Public Hearing, the City Council considered all oral and written comments and a staff recommendation for approval of the ND and reviewed and considered the Attachment 1 information in the IS and ND, public and agency comments on the IS and ND, the administrative record, and the staff report for completeness and compliance with CEQA, the CEQA Guidelines, and any and all other applicable requirements. 8. The Project has been the subject of a Negative Declaration under the California Environmental Quality Act (CEQA) pursuant Section 15070 and following of Title 14, Division 6, Chapter 3 (CEQA Guidelines). The ND has been completed in compliance with the intent and requirements of CEQA, CEQA Guidelines and any and all other applicable requirements. The City Council has considered the information contained in the ND and the record in considering the Project and related actions. 9. The documents constituting the record of proceedings upon which this decision is based are located in the City of Saratoga Community Development Department and are maintained by the Community Development Director. 10. Pursuant to CEQA and CEQA Guidelines, the City Council finds on the basis of, and after review of, the whole record before it (including the Initial Study, the Negative Declaration, any and all comments received, and in light of expert and other evidence submitted), that there is no credible, substantial evidence that the Project may have a significant effect on the environment as to any issue raised. III. Recommended Adoption of Negative Declaration After careful consideration of the matter, the City Council hereby adopts the Negative Declaration for the Project. PASSED AND ADOPTED by the City Council of the City of Saratoga, this 20 day of October, 2010 by the following vote: AYES: Councilmember Manny Cappello, Chuck Page, Howard Miller, Vice Mayor Jill Hunter, Mayor Kathleen King NOES: None ABSENT: None ABSTAIN: None ATTEST: Ann u`wan City Clerk Kathleen M. King Mayor Date: 4