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HomeMy WebLinkAbout2003-12-15 City Council (15)TO: City of Palo Alt! City Manager’s Report HONORABLE CITY COI~CIL FROM:CITY MANAGER DEPARTMENT: FIRE DATE:DECEMBER 15, 2003 CMR:528:03 SUBJECT:RECOMMENDATION THAT COUNCIL ADOPT THE ATTACHED RESOLUTION DECLARING WEEDS TO BE A NUISANCE AND SET FEBRUARY 2, 2004 FOR A PUBLIC HEARING RECOMMENDATION Staff recommends Council: 1) 2) 3) Approve and adopt the attached Negative Declaration, finding that no significant effects on the environment will result from the project to abate weeds; Adopt the attached resolution declaring weeds to be a public nuisance and setting February 2, 2004 for a public hearing; and Direct staff to publish a notice of hearing in accordance with the provisions of the Palo Alto Municipal Code. DISCUSSION Palo Alto Municipal Code Chapter 8.08 specifies weed abatement procedures. The chapter indicates it is unlawful for property owners or occupants to permit weeds to remain upon the premises, public sidewalks, streets or alleys. It also specifies the procedures to be followed to abate weeds. These are: Resolution of the City Council declaring weeds to be a public nuisance. This resolution sets the time and place for hearing any objections to the proposed weed abatement. Publication of notice. This notice informs property owners of the passage of the resolution and provides that property owners shall remove weeds from their property, or the abatement will be carried out by Santa Clara County (County). The City then publishes a legal advertisement in the local newspaper announcing the date of the public hearing. Hearing. The Council must conduct a public hearing, at which time any property owner may appear and object to the proposed weed destruction or removal. After hearing and considering any objections, the Council may allow or overrule any or all CMR:528:03 Page I of 2 objections. If objections are overruled, the Council is deemed to have acquired jurisdiction to proceed, at which point the County will be asked to perform the work of destruction and removal of weeds. On March 21, ! 977, the City Council approved an agreement with Santa Clara County for the administration of weed abatement within the City of Palo Alto. This agreement has reduced the City’s costs and staff time required for administration of weed abatement. For the past 26 seasons, the weed abatement program has been expeditiously carried out by the County Fire Marshal’s Office with results satisfactory to Palo Alto residents. RESOURCE IMPACT There is no direct fiscal impact to the City. The City of Palo Alto administers the weed abatement program with the Santa Clara County Fire Marshal’s Office with a minimal amount of staff time. All charges for the weed abatement services are included as a special assessment on bills for taxes levied against the respective lots and parcels of land. Such charges are considered liens on these properties. ENVIRONMENTAL REVIEW A negative declaration for the project has been prepared showing that no significant environmental effects will result from the weed abatement program. ATTACHMENTS A:Environmental Assessment: Negative Declaration B:Resolution Declaring Weeds to be a Nuisance and Setting a Hearing Prepared By: DEBRA PRYOR Deputy Chief .. Department Head Review:~ GRIJALVA Fit,/Chief City Manager Approval: EMILY HARRISON Assistant City Manager CMR:528:03 Page 2 of 2 ENVIRONMENTAL CHECKLIST FORM City of Palo Alto Department, of Planning and Community Environment 1.Project Title: Annual Weed Abatement Program Lead Agency Name and Address: County of Santa Clara, 70 West Hedding St., San Jose, CA 95110 Contact Person and Phone Number:Debbie Craver, County Weed Abatement Officer, (408) 299-5769 Project Location: City of Palo Alto 5.Application Number(s): N/A Project Sponsor’s Name and Address: General Plan Designation: N/A Debra Pryor, Fire Marshal City of Palo Alto Fire Department 250 Hamilton Avenue, Palo Alto, CA 94301 (650)329-2184 8.Zoning: N/A Description of the Project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off-site features necessary for its implementation. (Attach additional sheets if necessary) -Annual removal of weeds which present a public nuisance and fire hazard 10.Surrounding Land Uses and Setting: (Briefly describe the project’s surroundings) -City lands and property 11.Other public agencies whose approval is required (e.g. permits, financing approval, or participation agreement). -N/A H:\MC’CORR\Weed AbatementkEnvironmental Checklist Form.doc Page 1 of ] 6 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Aesthetics Agriculture Resources Air Quality Biological Resources Cultural Resources Geology/Soils Hazards & Hazardous Materials Hydrology/Water Quality Land Use/Planning Mineral Resources Noise Population/Housing Public Services Recreation Transportation/Traffic Utilities/Service Systems Mandatory Findings of Significance DETERMINATION: (To be completed by the Lead Agency). On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect: 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the X H:~MC’CORR\Weed Abatement’~Environmental Checklist Form.doc Page 2 of 16 environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. il~re anning andreVcto~0f P/r’an .ning ¯ Community Environment Date II-I -o Date EVALUATION OF ENVIRONMENTAL IMPACTS: 1)A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e. g. the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project-specific factors as well as general standards (e. g. the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). 2)All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. 3)Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. :Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4)"Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section 17, "Earlier Analysis," may be cross-referenced). 5)Earlier analysis may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063 (C) (3) (D). In this case, a brief discussion should identify the following: H:kMC’CORR\Weed AbatementkEnvironmental Chec~ist Form.doc Page 3 of 16 6) 7) 8) 9) a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g. general plans, zohing ordinances). Reference to a previously prepared or outside document should, where ap.propriate, include a reference to the page or pages where the statement is substantiated. Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project’s environmental effects in whatever format is selected. The explanation of each issue should identify: a) the significance criteria or threshold, if any, used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance. Issues and Supporting Information Resources I.AESTHETICS. Would the project: a)Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? Sources Potentially Significant Potentially Significant Less Than No Significant Impact X X X X Issues Unless Mitigation Incorporated Impact H:kMC’CORR\Weed AbatementkEnvironmental Checklist Form.doc Page 4 of 16 Issues and Supporting Information Sources Potentially Potentially Less Than Resources Significant Significant Significant Issues Unless Impact Mitigation Incorporated I1.AGRICULTURE RESOURCES. In determining whether impacts to agricultural a) b) c) III. resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the X maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? Conflict with existing zoning for agricultural use, or a Williamson X Act contract? Involve other changes in the existing environment which, due to their location or nature, could X result in conversion of Farmland, to non-agricultural use? AIR QUALITY. Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the pr,)ject: a) Conflict with or obstruct implementation of the applicable air quality plan? .... b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors X X X X H:kMC’CORR\Weed AbatementX~Environmental Checklist Form.doc Page 5 of 16 Issues and Supporting Information Resources Sources affecting a substantial number of people? IV. BIOLOGICAL RESOURCES. Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? c)Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e)Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f)Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other Potentially Significant Issues Potentially Significant Unless Mitigation Incorporated Less Than No Significant Impact Impact X X X X X X H:kMC’CORR\Weed AbatementkEnvironmental Checklist Form.doc Page 6 of 16 b) c) d) VI. No Impact Issues and Supporting Information Resources Sources Potentially Significant Issues approved local, regional, or state habitat conservation plan? ..... CULTURAL RESOURCES. Would the project: Cause a substantial adverse change in the significance of a historical resource as defined in 15064.5? Cause a substantial adverse change in the significance of an archaeological resource pursuant to 15064.5? Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? Disturb any human remains, including those interred outside of formal cemeteries? ! GEOLOGY AND SOILS. Would the project: Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? iii) Seismic-related ground failure, including liquefaction? Landslides? Result in substantial soil erosion or the loss of topsoil? Be located on a geologic unit or soil that is unstable, or that would become unstable as a Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact X X X X X X X X X b)X c) X H:LMC’CORR\Weed Abatement~nvironmental Checklist Form.doc Page 7 of 16 Issues and Supporting Information Resources Sources result of the project, and potentially result in on- or off- site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? VIi. HAZARDS AND HAZARDOUS MATERIALS. a) Create a significant hazard to the public or the environment through the routing transport, use, or disposal of hazardous materials? b)Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c)Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one- quarter mile of an existing or proposed School? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been Potentially Significant Issues Potentially Significant Unless Mitigation Incorporated Would the proiect? Less Than Significant Impact No Impact X X X X X X X H:klVlC’CORR\Weed Abatement’~Environmental Chec~ist Form.doc Page 8 of 16 Issues and Supporting Information Resources Sources Potentially Significant Issues Potentially Significant Unless Mitigation Incorporated adopted, within two miles of a public airport or public use airport, would the project result ~ in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury, or death involving wiidland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? VIII. HYDROLOGY AND WATER QUALITY. Would the project: ...... a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre- existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been 9ranted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial Less Than Significant Impact No Impact X X X X X X H:WIC’CORR\Weed AbatementkEnvirorm~ental Checklist Form.doc Page 9 of 16 d) e) Issues and Supporting Information Resources Sources Potentially Significant Issues Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact erosion or siltation on- or off- site? Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? Otherwise substantially degrade water quality? Place housing within a lO0-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? Place within a lO0-year flood hazard area structures which would impede or redirect flood flows? Expose people or structures to a significant risk of loss, injury or death involve flooding, including flooding as a result of the failure of a levee or dam? Inundation by seiche, tsunami, or mudflow? No Impact X X h) LAND USE AND PLANNING. Would the proiect: Physically divide an established community? Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) J) a) b) X X X X X X H:kMC’CORR\,Weed Abatement’\~Environmental Chec~ist Form.doc Page 10 of 16 c) X= b) XI. b) c) d) e) Issues and Supporting Information Resources Sources adopted for the purpose of avoiding or mitigating an environmental effect? Conflict with any applicable habitat conservation plan or natural community conservation plan? MINERAL RESOURCES. Would the project: Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? NOISE. Would the project result =n: Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? Exposure of persons to or generation of excessive ground borne vibration or ground borne noise levels? A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? For a project located within an airport land use plan or, where such a plan has not been adopted, would the project expose people residing or working in the project area to excessive noise levels? Potentially Significant Issues Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact X X X X X X X X H:kMC’CORR\Weed AbatementkEnvironmental Checklist Form.doc Page 11 of 16 Issues and Supporting Information Resources Sources Potentially Significant Issues f)For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? XII. POPULATION AND HOUSING. Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? Xlll. PUBLIC SERVICES. a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Potentially Significant Unless . Mitigation Incorporated Less Than Significant Impact Fire protection? Police protection? Schools? Parks? Other public facilities? No Impact X X x X X H:’dVIC’CORR\Weed AbatementkEnvironmental Chec~ist Form.doc Page 12 of 16 Issues and Supporting Information Sources Potentially Potentially Less Than No Resources Significant Significant Significant Impact Issues Unless Impact Mitigation Incorporated e) g) XlV. RECREATION a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b)Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? XV. TRANSPORTATION/TRAFFIC. Would the a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? Result in inadequate emergency access? Result in inadequate parking capacity? Conflict with adopted policies, plans, or programs supporting project: X X X X X X X X X H:WIC’CORR\Weed Abatement~Environmental Checklist Form.doc Page 13 of 16 Issues and Supporting Information Resources Sources alternative transportation (e.g’ bus turnouts, bicycle racks)? XVI. UTILITIES AND SERVICE SYSTEMS. a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b)Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c)Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d)Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments? f)Be served by a landfill with sufficient permitted capacity to accommodate the project’s solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? Potentially Significant Issues Would the project: Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact X X X X X X XVII. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the quality X of the environment, substantially reduce the habitat of a fish or H:~qC’CORR\Weed AbatementkEnvirormaental Checklist Form.doc Page 14 of 16 Issues and Supporting Information b) c) Resources wildlife species, cause a fish or wildlife population to drop below self-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? Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Sources Potentially Significant Issues Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact SOURCE REFERENCES FOR ALL RESPONSES: No Impact X X 1.City of Palo Alto Fire Department; project planner’s knowledge of the project. EXPLANATION FOR CHECKLIST RESPONSES: -- Explain choice of impact category. H:\MC’CORR\Weed Abatement~Environmental ChecNist Form.doc Page 15 of 16 ***NOT YET APPROVED*** RESOLUTION NO. RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO DECLARING WEEDS TO BE A NUISANCE AND SETTING A HEARING FOR OBJECTIONS TO THEIR PROPOSED DESTRUCTION OR REMOVAL B WHEREAS, weeds, as defined in Section 8.08.010(b) of the Pa!o Alto Municipa! Code, are anticipated to deve!op during calendar year 2004 upon streets, alleys, sidewalks, and parcels of private property within the City of Palo Alto sufficient to constitute a public nuisance as a fire menace when dry or are otherwise combustible, or otherwise to constitute a menace to the public health as noxious or dangerous; NOW THEREFORE u__e Council of the City of Palo Alto does hereby RESOLVE as follows: SECTION i. Weeds, as defined in Section 8.08.010(b) of the Pa!o Alto Municipa! Code which are antic_paued to develop during calendar year 2004 upon streets, alleys, sidewalks, and parcels of private property within the City of Pa!o Alto, are hereby found and determined to constitute a public nuisance. Such nuisance is anticipated to exist upon some of the streets, alleys, sidewalks, and parcels of private property within the City, which are shown, described, and delineated on the several maps of the properties in said City which are recorded in the Office of the County Recorder of the County of Santa Clara, reference in each instance for the description of any particular street, alley, or parce! of private Droperty being hereby made to ~..e severa! maps aforesaid, ana, in the event of there being several subdivision maps on which the same lots are shown, reference is hereby made to the latest subdivision map. SECTION 2 T~sREFORE, IT IS ORDERED uhau the said public nuisance be abated in the manner provided by Chapter 8.08 of the Palo Alto Municipa! Code: IT IS FURTHER ORDERED that Monday, the 2nd day of February, 2004, at the hour of 7:00 p.m., of said day, or as soon thereafter as the matter may be heard, at the Counci! Chambers of the Civic Center of said City, shal! be the time and place when objections to the proposed destruction or removal of such weeds shal! be heard and given due consideration; IT IS FURTHER ORDERED that the Fire Chief of the City of Pa!o Alto is directed to cause notice of said hearing to be given in the time, manner and form provided in Chapter 8.08 of said Pa!o Alto Municipal Code. 031119 cl 0044358 ***NOT YET APPROVED*** SECTION 3. Unless such nuisance is abated without delay by the destruction or removal of such weeds, the work of abating such nuisance will be done by the County of Santa Clara Fire Marsha!’s Office on behalf of the City of Palo Alto, and the expenses thereof assessed upon the !ots and lands from which, and/or in the front and rear of which, such weeds shal! have been destroyed or removed. SECTION 4. The City Council hereby finds that this project is exempt from the provisions of the California Environmenta! Quality Act ("CEQA") because it can be seen with certainty that there is no possibility that the project will have a significant effect on the environment. INTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: City Clerk APPROVED AS TO FO~M: Mayor APPROVED: Senior Asst. City Attorney City Manager Director of Administrative Services Fire Chief 031119 cl 00’44358 2