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R-8766 RESOLUTION NO. 8766 (CCS) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA FINDING THAT THE CALIFORNIA ENVIRONMENTAL QUALITY ACT DOES NOT APPLY TO THE APPROVAL AND ADOPTION OF THE REDEVELOPMENT PLAN FOR THE SANTA MONICA EARTHQUAKE RECOVERY REDEVELOPMENT PROJECT PURSUANT TO SECTION 21080 OF THE CALIFORNIA PUBLIC RESOURCES CODE WHEREAS, on January 17, 1994 and thereafter, the Northridge Earthquake followed by a series of severe aftershocks occurred (the "Earthquake"), with disastrous consequences in the City of Santa Monica; and WHEREAS, the Redevelopment Agency of the City of Santa Monica (the "Agency") has prepared a proposed Redevelopment Plan for the Santa Monica Earthquake Recovery Redevelopment Project (the "Project"), in accordance to the requirements of the Community Redevelopment Law (California Health and Safety Code, Sections 33000 et. seq.) and the Community Redevelopment Financial Assistance and Disaster Project Law (California Health and Safe Code, Sections 34000, et seq., hereinafter the "Disaster Project Law"); and WHEREAS, the California Environmental Quality Act (Public Resources Code, Sections 21000 et seq., hereinafter "CEQA") provides in Section 21080 that CEQA applies to discretionary projects proposed to be carried out or approved by public agencies, but does not apply to projects undertaken, carried out, or approved by a public agency to maintain, repair, restore, demolish, or replace property or facilities damaged or destroyed as a result of a disaster in a disaster-stricken area in which a state of emergency has been proclaimed by the Governor pursuant to Chapter 7 (commencing with Section 8550) of Division 1 of Title. 2 of the Government Code; and WHEREAS, following the Earthquake, the Governor of the State of California declared a state of emergency in an area including the area proposed to be included in the Project Area; and WHEREAS, the President of the United States of America has declared that the Earthquake was of sufficient severity and magnitude to constitute a major disaster under Federal law; WHEREAS, the Agency has found and determined that the approval and adoption of the Redevelopment Plan for the Santa Monica Earthquake Recovery Redevelopment Project is exempt under California Public Resources Code, Section 21080, and Section 15269(a) of Title 14 of the California Code of Regulations. NOW, THEREFORE, THE CITY COUNCil OF THE CITY OF SANTA MONICA DOES HEREBY RESOLVE AS FOllOWS: SECTION 1. The City Council hereby finds and determines, based on substantial evidence in the record, including but not limited to the Preliminary Report and the Report to the City Council on the Adoption of the Proposed Redevelopment Plan for the Santa Monica Earthquake Recovery Redevelopment Project and all documents referenced therein, that: (a) The proposed Project is being undertaken, carried out and approved by the Agency and the City of Santa Monica to maintain, repair, restore, demolish or replace property or facilities damaged and destroyed as a result of the Earthquake; and (b) The approval and adoption of the proposed Redevelopment Plan is being undertaken as the result of a disaster, and the proposed Project Area is in a disaster-stricken area in which a state of emergency has been proclaimed by the Governor pursuant to Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code; and (c) The approval and adoption of the Redevelopment Plan for the Santa Monica Earthquake Recovery Redevelopment Project is exempt under California Public Resources Code, Section 21080, and Section 15269(a) of Title 14 of the California Code of Regulations. SECTION 2. The Secretary of the Agency is hereby authorized and directed to file a Notice of Exemption with the Clerk of the County of Los Angeles. SECTION 3. The City Clerk shall certify to the adoption of this Resolution and thereupon and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: '-~tLlc L.) L('---~L l~v' )lcc{,v~,( MARSHA JO ES MOUTRIE City Attorney - 2 - Adopted and approved this 21st of June, 1994. J <f~ I hereby certify that the foregoing Resolution 8766 (CCS) was duly adopted at a meeting of the City Council held on the 21st of June, 1994 by the following vote: Ayes: Councilmembers: Abdo, Genser, Greenberg, Holbrook, Olsen, Rosenstein Noes: Councilmembers: None Abstain: Councilmembers: None Absent: Councilmembers: Vazquez ATTEST: ~/~Ccrg~