Resolution 08260297
CITY OF ALAMEDA RESOLUTION NO. 5260
AMENDING THE AMENDED GUIDELINES FOR THE IMPLEMENTATION OF THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970 BY ADDING SECTIONS
15035.5 and 15074 THERETO
WHEREAS, pursuant to the state Environmental Quality Act of 1970 (Secs. 21000 and following,
Public Resources Code of California) the Secretary of the state Resources Agency has amended the
guidelines required by said Act and adopted by Resolution No. 8046 and amended by Resolution No. 8163;
and
WHEREAS, Section 21092 of said Code provides that all public agencies shall adopt objec-
tives, criteria and procedures for the evaluation of projects (as defined in said Act) and the
preparation of environmental impact reports pursuant thereto, which objectives, criteria and procedures
shall be consistent with said At and with the guidelines adopted by said Secretary of the Resources
Agency,
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OE THE CITY OF ALAMEDA that the document
entitled, "Amended Guidelines for the Implementation of the California Environmental Quality Act of
1970," is hereby amended by adding Sections 15035.5 and 15074 thereto, to read as follows:
15035.5. Notice of Exemption. Notice of exemption means a brief notice
which may be filed by a public agency when it has approved or determined to carry
cut a project, and it has determined that it is ministerial, categorically exempt
or an emergency project. Such a notice may also be filed by an applicant where
such a determination has been wade by a public agency, which must approve the
project. The contents of this notice are explained in Sec. 15074 (a) and (h).
15074. Notice of Exemption. (a) When a public agency determined that a prOject,
a ministerial project or categorically exempt, and the public agency approves or deter-
mines to carry out the project, it may file a notice of exemption. Such a notice shall
include (1) a brief description of the project, (2) a finding that the project is exempt,
including a citation to the State Guidelines section under which it is found to be exempt,
and (3) a brief statement of reasons to support the finding.
(b) Whenever a public agency approves an applicant's project, it or the applicant may
file a notice of exemption. The notice of exemption filed by en applicant shall contain the
information required in subdivision (a) above, together with a certified document issued by
the public agency stating that it has found the project to be exempt. This may be a certified
copy of an existing document or record of the public agency.
(c) If the public agency is a state agency, the notice of exemption will be filed
with the Secretary for Resources. A form for this notice is provided in Appendix E.
Copies of all such notices shall be posted on a weekly basis at the Resources Building
Information Desk, 1416 9th Street, Sacramento, Each such list will remain posted for
30 days.
(d) If the public agency is a local agency, the notice of exemption will be filed
with the County Clerk of the county or counties in which the project will be located,
Copies of all such notices will be available for public inspection and a list of such
notices shall be posted on a weekly basis in the office of the county clerk. Each such
list shall remain posted for a period of 30 days.'
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I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly
introduced and adopted by the Council of the City of Alameda in regular meeting assembled on the lith
day of September, 1974, by the following vote, to wit:
AYES: Councilmen Beckam, Corica, Hurwitz, McCall and President La Croix, Jr., (5),
NOES: None.
ASSENT: None.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said
City this 18th day of September, 1974.
(SEAL) ETHEL M. PITT
City Clerk of the City of Ala -a
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I hereby certify that the foregoing is a full, true and correct cony of 'City of Alameda
Resolution No, 8260, AMENDING THE AMENDED GUIDELINES FOR THE IMPLEMENTATION OF THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT CF 1970 BY ADDING SECTIONS 15-35.5 AND 15074 THERETO", introduced and
adopted by the Council of the City of Alameda on the 17th day of September, 1974.
City Clerk ef the City ef Alameda