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Resolution No. 2016-17 <br />Page 3 of 3 <br />Section 3:The City Council finds the setting of fair market value rent for <br />moorings located upon tidelands is not subject to the California Environmental Quality <br />Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or <br />reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) <br />(the activity is not a project as defined in Section 15378) of the CEQA Guidelines, <br />California Code of Regulations, Title 14, Chapter 3, because it has no potential for <br />resulting in physical change to the environment, directly or indirectly. Alternatively, the <br />City Council finds the setting of fair market value rent for moorings located upon <br />tidelands is entitled to a Class 1 Categorical Exemption pursuant to CEQA Regulation <br />Section 15301 because the 'mooring rent contemplates the continued use of existing <br />facilities, with no expansion of the proposed use. Further, the City Council finds the <br />setting of fair market value rent for moorings located upon tidelands is entitled to a <br />Statutory Exemption pursuant to CEQA Regulation Section 15273(a)(1) because the fair <br />market value rent established by the City Council will be used to meet operating <br />expenses within the tidelands. Lastly, the City Council finds the setting of fair market <br />value rent for moorings located upon tidelands is not a project under CEQA Regulation <br />Section 15061(b)(3) because it has no potential for causing a significant effect on the <br />environment. <br />Section 4: If any section, subsection, sentence, clause or phrase of this <br />resolution is, for any reason, held to be invalid or unconstitutional, such decision shall <br />not affect the validity or constitutionality of the remaining portions of this resolution. The <br />City Council hereby declares that it would have passed this resolution, and each <br />section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any <br />one or more sections, subsections, sentences, clauses or phrases be declared invalid <br />or unconstitutional. <br />Section 5: This resolution shall take effect immediately upon its adoption by <br />the City Council and the City Clerk shall certify the vote adopting the resolution. <br />ADOPTED this 26t' day of January, 2016. <br />ATTEST: <br />Leilani I. Brown <br />City Clerk <br />r <br />Dianb B. Dixon <br />Mayor <br />