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Resolution 13138CITY OF ALAMEDA RESOLUTION NO. 3138 ADOPTING A NEGATIVE DECLARATION, IS -99 -4, FOR A ZONING TEXT AMENDMENT TO DELETE THE MASTER PLAN REQUIREMENT FOR A MARKET ANALYSIS AND PHASING DIAGRAM AND ALLOW FOR PREPARATION OF DEVELOPMENT STANDARDS, GUIDELINES AND PROCEDURES IN -LI Ii',U OF DETAILED DEVELOPMENT PLANS WITHIN THE MIXED USE PLANNED DEVELOPMENT DISTRICT (MX). - WHEREAS, the City of Alameda is the lead agency in the preparation of an Initial Study, IS -99 -4, to determine the potential environmental effects that would be associated with a proposal to amend subsection 30 -4.20 of the Zoning Ordinance to delete the Master Plan requirement for a market analysis and phasing diagram and allow for preparation of Development Standards, Guidelines and Procedures in -lieu of detailed development plans within the Mixed Use Planned Development District (MX); and WHEREAS, a proposed Negative Declaration was circulated for public comment between May 21, 1999, and June 10, 1999, and no comments were received; and WHEREAS, the Planning Board recommended approval of the Negative Declaration on June 14, 1999; and WHEREAS, the City Council held a public hearing on this Negative Declaration on September 7, 1999, and has examined pertinent documents and comments; and WHEREAS, the City Council has made the following findings: a. The proposed zoning text amendment does not have the potential to degrade the quality of the environment, substantially reduce the habitat of fish or wildlife species, cause a fish or wildlife population to drop below sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory because the proposed text amendment would allow additional land development but would not change the allowed use of a property or the allowed housing density, so that no environmental or historic impacts would result from this proposal. b. The project does not have the potential to achieve short-term objectives, to the disadvantage of long -team environmental goals because the proposed zoning text amendment does not change the allowed use of a property and each proposal would be subject to review through Mixed Use Planned Development procedures, as modified by Development Standards, Guidelines and Procedures. 1 c. The project does not involve impacts which are individually limited but cumulatively considerable because the proposed zoning text amendment and MX zoning does not affect the allowed use of a property or its development potential. d. The project does not have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly because the proposed zoning text amendment does not affect the development potential of a subject property that may be rezoned to a MX Mixed Use Planned Development District. The proposal would not have effects that would significantly affect human beings. e. There is no evidence in the record as a whole that the project will have potential for adverse effect on wildlife resources or any habitat upon which a wildlife population depends. WHEREAS, the City Council finds that the project would have no impact or a less than significant impact in the areas of land use and planning, population and housing, geologic problems, water, air quality, transportation /circulation, biological resources, energy and mineral resources, hazards, noise, public services, utilities and service systems, aesthetics, cultural resources, and recreation. THEREFORE BE IT RESOLVED that the City Council of the City of Alameda hereby adopts the Negative Declaration, IS -99 -4. NOTICE. No judicial proceedings subject to review pursuant to California Code of Civil Procedure Section 1094.5 may be prosecuted more than ninety (90) days following the date of the Negative Declaration is adopted by the Alameda City Council plus extensions authorized by California Code of Civil Procedure Section 1094.6. 2 I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda in regular meeting assembled on the 7th day of September , 1999, by the following vote to wit: AYES: Councilmembers Daysog, DeWitt, Johnson, and Mayor Appezzato - 4. NOES: Kerr - 1. ABSENT: None. ABSTENTIONS: None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 8th day of September , 1999. Diane Felsch, City Clerk City of Alameda