HomeMy WebLinkAbout102-Negative Declaration Resolution.pdf Attachment 1
CITY OF SARATOGA CITY COUNCIL
RESOLUTION NO: 10-006
APPLICATION NUMBERS: GPA09-0001 & ZOA09-0005
APPROVAL OF THE NEGATIVE DECLARATION FOR THE GENERAL PLAN
HOUSING ELEMENT UPDATE (2007-2014), INCLUDING A GENERAL PLAN
HOUSING ELEMENT IMPLEMENTATION ORDINANCE, AMENDMENTS TO THE
GENERAL PLAN LAND USE, SAFETY, OPEN SPACE AND CONSERVATION
ELEMENTS, THE SARATOGA VILLAGE PLAN, AND THE SARATOGA VILLAGE
DESIGN GUIDELINES
The City of Saratoga City Council finds and determines as follows with respect to the proposed
Mitigated 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 General Plan Housing Element Update (2007-2014) and related planning actions including a
General Plan Housing Element Implementation Ordinance and Conforming Amendments to the
General Plan Land Use, Safety, Open Space and Conservation Elements, the Saratoga Village
Plan, and the Saratoga Village Design Guidelines. The foregoing actions are described as the
“Project” in this Resolution.
II. Environmental Review
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 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 February 2, 2010 through March 4, 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 Planning Commission on March 10, 2010.
4. The IS and ND represents the City’s independent judgment and analysis.
5. On March 10, 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; and
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 information in the IS and ND, public and agency comments on the IS and
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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 an Initial Study and 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 Department of Community Development and are
maintained by the Director of that Department.
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. 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 7th day of
April, 2010 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Kathleen King
Mayor
ATTEST:
____________________________________
Ann Sullivan
City Clerk