HomeMy WebLinkAboutResolution 2010-014 N.C.S. 01/25/2010Resolution No. 2010-014 N.C.S.
of the City of Petaluma, California
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PETALUMA
APPROVING A CLASS 8 CA'~EGORICAL EXEMPTION FROM THE
CALIFORNIA ENVIRONIVIENTAL QUALITY ACT, FOR TI~E
GENERAL PLAN ANdEND1VIEN'I', PREZONING, AND ANNEXATION OF
ASS~SSOR'S PARC~L NUMBER 019-330-009
WHEREAS, upon evaluation of the proposed project it has been determined that a Class 8
Categorical Exemption pursuant to Title 14. California Code of Regulations, Chapter 3. Guidelines for
Implementation of the California Environmental Quality Act, Section 15308, is appropriate for approval;
and,
WHEREAS, the Planning Commission of the City of Petaluma held a public hearing on June 23,
2009, heard staff recommendations and were available to hear public testimony and recommended to the
City Council approval of the Ellis Creek annexation proposal; and
WHEREAS, the City Council held a public hearing on January 25, 2010 and considered all
written and verbal communications concerning potential impacts resulting from the project before
rendering a decision.
NOW, T~IEREFORE, BE IT RESOLVED that the City Council adopts the Class 8 Categorical
Exemption, based on the following:
1. Pursuant to Section l 5378 of the California Public Resources Code, the action by the City of
Petaluma to approve a General Plan amendment to facilitate the annexation of APN 019-330-009
constitutes a"project" as defined within the California Environmental Quality Act.
2. Pursuant to Section 21084 of the State of California - California Environmental Quality Act
Guidelines, known as CEQA, calls for the identification of "classes of projects which have been
determined not to have a significant effect on the environment and which shall be exempt from
this division."
3. Pursuant to Section 15308 of the "Guidelines" Class 8 of the approved list of Categorical
Exemptions states: "consists of actions taken by regulatory agencies, as authorized by state or.
local ordinance, to assure the maintenance, restoration, enhancement, or protection of the
environment where the regulatory process involves procedures for protection of the environment.
Resolution No. 2010-014 N.CS. Page 1
Construction activities and relaxation of standards allowing environmental degradation are not
included in this exemption."
4. The proposed General Plan Amendment to designate the subject property as Open Space, the
proposed prezoning to PCD, and the proposed annexation is all undertaken by the City with the
intent to preserve and protect the existing habitat and species existing on the site and that no
development is anticipated for the property.
5. That the approval of a Class 8 Categorical Exemption for the proposed actions is appropriate and
consistent with the California Environmental Quality Act and the City of Petaluma
Environmental Review Guidelines.
6. The preparation of a"Notice of Exemption" pursuant to Section 15374 of CEQA, citing the Class
8 exemption, is hereby authorized for fiting by the City of Petaluma upon approval of the General
Plan Amendment, prezoning, and annexation of APN 019-330-009.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: 1 hereby certify the foregoing Resolution was introduced and adopted by ihe A pr ved s to
Council of the City of Yetaluma at a Regular meeting on the 25`h day of January, f r :
2010, by the following vote:
City orney
AYES: Barrett, Vice Mayor~Glass, Harris, Healy, Rabbiei, Renee, Mayor Toriiatt
NOES: None
r
ABSENT: None `
i
ABSTAIN: None
ATTEST: ~ ~ ~
City Clerk Mayor ~
Resolution No. 2010-014 N.C.S. Page 2