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Resolution Number 00-9-19-4081 RESOLUTION NO. 00-9-19-4 CERTIFYING NEGATIVE DECLARATION - AUTO DEALER'S EXTENDED USE OF TENTS AND DISPLAYS A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING A NEGATIVE DECLARATION FOR THE AMENDMENT OF TITLE 9, CHAPTER 3, ARTICLE 6, SECTION 9-3.623(g) AND ADDING SECTION 9-3.623(g)(4) OF THE MUNICIPAL CODE GOVERNING SPECIAL EVENT PERMITS TO PERMIT ADDITIONAL TIME PERIODS ALLOWED FOR CAR DEALERSHIP'S USE OF TENTS AND DISPLAYS WHEREAS, on July 5, 2000, the City Council considered a request to initiate an amendment to the Municipal Code that would add additional time allowed for car dealerships' use of tents and displays in Section 9-3.623(g) and Section 9-3.623(g)(4) of the Municipal Code; and, WHEREAS, the City Manager's Office completed its study of the issue and prepared draft language for considering an amendment to the Municipal Code; and, WHEREAS, pursuant to the California Environmental Quality Act (CEQA), the City staff has completed an Initial Study, determined that the subject project will not have a significant effect on the environment, and accordingly prepared a draft Negative Declaration for the project and circulated it for public review; and, NOW, THEREFORE, BE IT RESOLVED, that: After reviewing the Initial Study, the proposed Negative Declaration, the City Council hereby approves a Negative Declaration reflecting the independent judgment of the City of San Juan Capistrano and determines that the project will not have a significant impact upon the environment. All records pertaining to this environmental determination are retained at the Planning Department of the City of San Juan Capistrano. 2. Pursuant to Title 14, California Code of Regulations, Section 753.5(c)(1), the Council has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any adverse effect on wildlife resources or the habitat upon which the wildlife depends. Furthermore, on the basis of substantial evidence, the City Council hereby finds that any presumption of adverse impact has adequately been rebutted. -1- 082 Therefore, pursuant to Fish and Game Code Section 711.2 and Title 14, California Code of Regulations Section 753.5(a)(3), the City Council determines that the project is not required to pay Fish and Game Department filing fees. PASSED, APPROVED, AND ADOPTED this 19th day of September, 2000. OLLENE-ICAMP6ELL, Ir11'AYOR ATTEST: . , i7 1i1. A70F7J .L. * =X -AL1 -'W --A1 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF SAN JUAN CAPISTRANO f I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 00-9-19-4 adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 19th day of September -V 2000, by the following vote: AYES: Council Members Bathgate, Greiner, Hart, Swerdlin and Mayor Campbell NOES: None ABSTAIN: None ABSENT: None (SEAL) -2-