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CC RES 2000-035 RESOLUTION NO. 2000-35 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ADOPTING A NEGATIVE DECLARATION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT FOR CODE AMENDMENT NO. 45 FOR MISCELLANEOUS AMENDMENTS TO CHAPTER 15.20 (MORATORIUM ON LAND USE PERMITS) OF TITLE 15 OF THE CITY'S MUNICIPAL CODE WHEREAS, on September 21, 1999, the City Council gave direction to Staff to formulate revisions to the City's Municipal Code in order to clarify the City's landslide moratorium regulations as they apply to accessory structures and uses; and, WHEREAS, on February 15, 2000, the City Council gave further direction to Staff to amend the City's Municipal Code to require the connection of developed properties within the City's Landslide Moratorium Area to sanitary sewer systems, once those systems become available and operational; and, WHEREAS, the City initiated Code Amendment No. 45 and Environmental Assessment No. 714 to amend Chapter 15.20 of the Rancho Palos Verdes Municipal Code, entitled "Moratorium on Land Use Permits," in order to reflect the imminent completion and availability of sanitary sewer systems in certain portions of the Landslide Moratorium Area, and to make minor clarifications and modifications to the City's landslide moratorium regulations for accessory structures and uses on developed properties; and, WHEREAS, pursuant to the provisions of the California Environmental Quality Act, Public Resources Code Sections 21000 et. seq. ("CEQA"), the State's CEQA Guidelines, California Code of Regulations, Title 14, Section 15000 et. seq., the City's Local CEQA Guidelines, and Government Code Section 65962.5(f) (Hazardous Waste and Substances Statement), the City of Rancho Palos Verdes prepared an Initial Study and determined that there is no substantial evidence that the approval of Code Amendment No. 45 would result in a significant adverse effect upon the environment and, therefore, a draft Negative Declaration has been prepared and notice of same was given in the manner required by law; and, WHEREAS, after notice issued pursuant to the requirements of the Rancho Palos Verdes Development Code and the State CEQA Guidelines, the City Council held a duly noticed public hearing on May 16, 2000 and June 6, 2000 to consider the draft Negative Declaration and Code Amendment No. 45, at which time all interested parties were given an opportunity to be heard and present evidence. NOW, THEREFORE, THE CITY COUNCIL DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: Section 1: The City Council has independently reviewed and considered the proposed Negative Declaration, the public comments upon it, and other evidence before the City Council prior to taking action on the proposed project and finds that the Negative Declaration was prepared in the manner required by law and that there is no substantial evidence that the approval of Code Amendment No. 45 would result in a significant adverse effect upon the environment. Section 2: Although the adoption of Code Amendment serves only to effectuate changes to the language of the existing Municipal Code, the City Council recognizes that separate environmental review as required by the Rancho Palos Verdes Development Code and the California Environmental Quality Act will be performed for any projects to which Chapter 15.20 applies, prior to receiving any approvals from either the Director of Planning, Building and Code Enforcement or the City Council. Section 3: Based upon the foregoing findings, the adoption of the proposed Negative Declaration is in the public interest. Section 4: Based upon the facts contained in this Resolution, in the Staff report, Environmental Assessment and other components of the legislative record, in the draft Negative Declaration, and in the public comments received by the City Council, the City Council of the City of Rancho Palos Verdes hereby certifies that the draft Negative Declaration has been prepared in compliance with CEQA and adopts the draft Negative Declaration prepared pursuant to Environmental Assessment No. 714 for Code Amendment No. 45 for miscellaneous amendments to Chapter 15.20 (Moratorium on Land Use Permits) of Title 15 of the City's Municipal Code. Resolution No. 2000-35 Page 2 of 3 PASSED, APPROVED, AND ADOPTED this 6th day of June 2000. 13S, M YO R ATTEST: it/ L CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF RANCHO PALOS VERDES ) I, JO PURCELL, City Clerk of the City of Rancho Palos Verdes, do hereby certify that the above Resolution No. 2000-35 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on June 6, 2000. 41„, Ci Clerk Ci of Rancho Palos Verdes M:\Projects\CA 45_EA 714(RPV-Moratorium)\Resolution 2000-35.doc Resolution No. 2000-35 Page 3 of 3