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Home My WebLink AboutCC Res 5193 2003-12-08 RESOLUTION NUMBER Si9~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ADOPTING NEGATIVE DECLARATION 03-1 IN CONJUNCTION WITI-I THE ADOPTION OF THE CITY OF SEAL BEACH GENERAL PLAN I TI-IE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: WHEREAS, the City has prepared a "Proposed Imtlal Study alld Negative Declaratioll 03-1, O(V a/Seal Beach Gelleral Plall alld City a/Seal Beach Local Coastal Program". The proposed proJcct will set fOlth goals and pohcics for the cIty (General Plan) with regard to the general development withm the City so as to provide for thc ordcrly development thereof and the protect the health, safety, and welfare of the general CItizenry; and WHEREAS, staff has prepared and clrculatcd an Imtlal Environmental Assessment and proposed Negative Dcclaration as reqUired by the California EnvirolUllental Quality Act (CEQA). TIle commcnt peliod on Negative Dcclamtion 03-1 ended on August 27,2003. As of August 27, 2003, the City has received 6 responses to the Negative Declaration; and WHEREAS the City has preparcd a "Response to Comments" document determimng that alllssucs raised duling the pubhc commcnt penod have bccn cvaluated and no slgmficant Impacts have been raised; and I WHEREAS, a duly nobced public hearing was held by the Planning Commission on September 17, 2003 and continued to October 22 and Novembcr 5, to consider Negative Declaration 03-1 and the requested adoption of the updated General Plan; and WHEREAS, thc Planning Commission rcccivcd into evidence the Staff Report of September 17, 2003, along with all attachments thereto, a Supplemental Stall" Report dated November 5, 2003, and considered all public testimony presented; and WHEREAS, The Planrung Conu11IsslOn adopted Resolution No. 03-34 on November 5, 2003 rec0l11l11Cndll1g adoption of Ncgative Declmation of Negative Declaration 03-1 by thc City COUllCIl, and WHEREAS, a duly noticed pubhc heaTIng was hcld by the City Council on December 8, 2003 to consider Negative Declaration 03-1 and the lequcsted aduptlOn uf the updated General Plan; and WHEREAS, at the conclUSIOn of the pubhc healing the City Council made the following findll1gs regarding Negative Declm"atlon 03-1: I 1. Based upon the evidcnce presented, includmg the Imtial study, the negative declaration, any comments received thereon, and oral and written testimony, the City Council hereby finds that the proposed Ncgatlve Declaration adequately discloses the potential envlrolUllental , impacts of the proposed revised General Plan, no substantial adverse enVll'OlUllental Impacts will result upon the approval of the subject project, and no substantial increase m the seventy of previously I I I Resolution Number ~~~ Identified significant effects will occur. The negative declaration reflccts the mdcpendentJudgment of the City CouncIl. 2 There are no substantive changcs to the existing General Plan document which would cause envlromnental impacts which would be classified as "signIficant" under CEQA. 3. The project will not have an adverse effect, either mdividually or cumulatively, on Wildlife resources or the habitat upon which wildlife depends, and on the basis of substanl1al evidence, the City Council hereby rebuts the presumption of adverse effects contained in Section 753 5(d) of TitIe 14 of the Califonlla Code of Regulatiol1s. Thc City Council additionally makes the findings contained m the "Certificate of Fee Excmption," attached hereto as "Exhibit A" and mcorporated herein by this reference. 4. The documents wld otIler material which constitute the record of proceedings upon which this decision IS based are available for public review m the Planning Depmtment located at 211 8th Street, Seal Bcach, California 90740. The City Council hereby deSignates the Dlrcctor ofPlannmg and Community Development as the custodian of records for these documents. 5. Bascd upon thc foregomg, the City Council hcreby adopts Negative Declaration 03-1. PASSED, APPROVED AND ADO.eIJ;D by the CI~I ~~ty of Seal Beach at a meeting thereof held on the l!'!:' day of ".J . 2003, by thc followmg vote: AYES: NOES: ABSENT: Councilmembers ABSTAIN: Councihnembers ~;4J;,~ Mayor A ST ATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } 1, JO~le M. Yeo? Ci!y Clerk o~the City of Seal Beach, Califom~ do hcreby celtlly that the foregomg resolutIon IS the ongmal copy of Resolution Nwnber tJ7?!!J on file in the office of the City Clerk, passed, approved and adopted by the City CounCil of the City of Seal Bcac~ a ~~eeting thereof held on the fir!:!: day of "n~ , 2003. ~MCh( (t2 Clerk / Resolution Number ~~~ EXHIBIT A CALIFORNIA DEPARTMENT OF FISH AND GAME CERTIFICATE OF FEE EXEMPTION De Minimis Impact Finding I Project Title/LocatiOn Name and Address of Project Proponent (include county): REVISIONS TO GENERAL PLAN City of Seal Beach 211 8th Street Seal Beach, CA 90740 Orange County Project Deseriptioll: This project IS the adopl1on of a periodic revisIOn of the City's gcneral plan, The General Plan is a comprehensivc, long-tenn plan for thc phYSical development of the city. An inlbal study and negatiVe declaration have been completed for this proJect. When considering the record as a whole thcre is no evidence before the agency that the proposcd project will have potential for an advcrse effect on wildlife resources or the habitat upon which the wildlife depends. Filldings of Exemptioll: I The City, as Icad agency, prepared an Initial Study and Negal1ve Declaration for the proposed proJcct, which concluded that the project would have no significant direct or indirect adverse effects on plant or animal hfe or the habitat upon whICh they depend. The City declares that, whcn considering thc record as a whole, there is no evidencc before the City to indicate that the proposed plOject will have the potential for sigmficant adverse effects on wildlife rcsources or the habitat upon whIch wlldhfe dcpends. On the baSIS of substantial cvidence, the City has rcbutted the presumption of adverse Impact to wildhfc resourccs contaIned 111 Title 14, Secl10n 753.5 (d), of the California Code of Regulal1ons. CERTIFICATION: 1 hereby certify that the lead agency has made the above findings of fact and that based upon tile initial study and heanng recolll the project will not Individually or cumulativl;ly have an adverse effect on wildhfe resources, as defined in Section 711 2 of the Fish and Giiine Code. ;" . . "- . ~." . ". .b:~." ,.' ~?: I.'. I -, , I Lead Agency: City of Seal Bcach Date: