HomeMy WebLinkAbout104-Proposed Resolution Adopting Negative Declaration.pdf
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RESOLUTION NO.
Application No. ZOA 09-0001
A Resolution of The City Council
of the City of Saratoga
Adopting a Negative Declaration
Regarding Amendments to the Off-Street Parking
and Loading Facilities Zoning Regulations
The City of Saratoga City Council finds and determines as follows with respect to the proposed
Negative Declaration regarding the Project described below:
I. Project Summary
The City of Saratoga City Council is considering an ordinance amending the Saratoga Municipal
Code to amend and clarify existing provisions of the City Code regarding the Off-Street Parking
and Loading Facilities Zoning Regulations. The foregoing work is 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 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 February 4, 2009 through March 5, 2009 and no comments were
received.
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 at the Planning Commission
meeting held on March 11, 2009 and the Public Hearing before the City Council on April
15, 2009.
4. The IS and ND represents the City’s independent judgment and analysis.
5. On April 15, 2009 the City Council 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 City Council.
6. The City Council was presented with and/or had opportunity to review all of the
information in the administrative record; and
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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
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 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 as revised and mitigated 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 15th day of
April, 2009 by the following vote:
AYES:
NOES:
ABSENT:
RECUSED:
Attest:
________________________________ ____________________________
Chuck Page, Mayor Ann Sullivan, City Clerk