HomeMy WebLinkAbout2022-56 - CEQARESOLUTION NO. 2022-56
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, APPROVING THE DETERMINATION AND FILING OF A NOTICE OF
EXEMPTION PURSUANT TO THE PROVISIONS OF THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) FOR AN INITIATIVE ORDINANCE
ENTITLED ORDINANCE TO REVITALIZE COMMERCIAL AND INDUSTRIAL AREAS
AND PROTECT RESIDENTIAL NEIGHBORHOODS
THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS
FOLLOWS:
WHEREAS, City staff have reviewed the proposed initiative ordinance, entitled the
Ordinance to Revitalize Commercial and Industrial Areas and Protect Residential
Neighborhoods ("the Measure"), amending Section 13.200-106 of Title 13 of the Costa
Mesa Municipal Code ("CMMC");
WHEREAS, the revisions to the CMMC have been reviewed for compliance with
the California Environmental Quality Act ("CEQA"), CEQA Guidelines, and the City's
environmental processing procedures;
WHEREAS, City staff have determined that the Measure is exempt from review
under the California Environmental Quality Act pursuant to the following Sections of Title
14, Chapter 3, California Code of Regulations:
A. The initiative ordinance is not a project under CEQA pursuant to section 15378
(b)(5), because it involves organizational or administrative activities of
government that will not cause or result in direct or indirect physical changes in
the environment as it will not approve any project or make any project subject
to ministerial approval, and any such changes would still require environmental
review.
B. The initiative ordinance is exempt under Section 15061(b)(3) because it is
covered by the general rule that CEQA applies only to projects which have the
potential for causing a significant effect on the environment. In this case, it can
be seen with certainty that there is no possibility that the proposed initiative
ordinance may have a significant effect on the environment and is therefore not
subject to CEQA.
WHEREAS, a Notice of Exemption shall be prepared for the Project.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Costa Mesa
does resolve as follows:
Resolution No. 2022-56 Page 1 of 3
SECTION 1. Based on the review and determination of the Development Services
Division, the City Council of the City of Costa Mesa finds that the initiative ordinance is
exempt from review under the California Environmental Quality Act.
SECTION 2. A Notice of Exemption is approved for the Project.
SECTION 3. The City Clerk may file the Notice of Exemption with the County Clerk
of Orange County and, if the Project requires a discretionary approval from any state
agency, with the State Office of Planning and Research, pursuant to the provisions of
Section 21152(b) of the Public Resources Code and the State EIR Guidelines adopted
pursuant thereto.
SECTION 4. That the City Clerk shall certify to the passage and adoption of this
resolution and enter it into the book of original resolutions.
Resolution No. 2022-56 Page 2 of 3
PASSED, APPROVED AND ADOPTED this 2nd day of August, 2022.
ATTEST:
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Brenda Gree City Clerk
STATE OF CALIFORNIA)
COUNTY OF ORANGE) ss
CITY OF COSTA MESA)
John Stephens, Mayor
APPROVED AS TO FORM:
Kimberly Frall Barlow, City Attorney
I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY
that the above and foregoing is the original of Resolution No. 2022-56 and was duly
passed and adopted by the City Council of the City of Costa Mesa at a regular meeting
held on the 2"d day of August, 2022, by the following roll call vote, to wit:
AYES: COUNCILMEMBERS: CHAVEZ, GAMEROS, HARLAN, REYNOLDS, MARR,
AND STEPHENS.
NOES: COUNCILMEMBERS: HARPER.
ABSENT: COUNCILMEMBERS: NONE.
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the
City of Costa Mesa this 3rd day of August, 2022.
o
BRENDA GRktEN, CITY CLERK
Resolution No. 2022-56 Page 3 of 3