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<br />I <br /> <br />I <br /> <br />I <br /> <br />" <br /> <br />1 <br />TOWN OF TRUCKEE <br />California <br /> <br />ORDINANCE 2009-04 <br /> <br />AN ORDINANCE OF THE TOWN OF TRUCKEE <br />AMENDING SECTION 1892095 OF THE <br />TRUCKEE MUNICIPAL CODE, TITLE 18, DEVELOPMENT CODE <br /> <br />The Town CouncIl of the Town of Truckee Does Ordam as Follows <br /> <br />Section 1 Enactment Section 18 92 095 of Title 18, Development Code, of the Truckee <br />Municipal Code IS hereby amended as designated m Exhibit "An, attached hereto and mcorporated <br />herem by reference <br /> <br />Section 2 FmdmQs The Council hereby adopts the followmg findings In support of <br />adoption of this ordmance and the amendment to Title 18 as designated In Exhibit "An The <br />Planning Commission staff report dated May 27,2009 IS hereby Incorporated herem by reference <br />and the diSCUSSion contamed m the ~Fmdlngsn section of the staff report provides a factual basIs for <br />the findings ' , <br />a The proposed amendment ensures and maintains Internal consistency with all of the <br />goals, policies, and actions of all elements' of the General Plan and the Downtown Specific Plan <br />b The proposed amendment would not be detrimental to the public Interest, health, <br />safety, convenience, or welfare of the Town <br />c The proposed amendment ensures and maintains mternal consistency with other <br />applicable provIsions of the Development Code <br /> <br />Section 3 CEQA Fmdlnas The Town Council has completed and certified a Fmal <br />Environmental Impact Report m compliance with the California Environmental Quality Act Statutes <br />and GUidelines and reviewed and considered the Information contained m the Fmal EIR The <br />Council made the findings required by Section 15091 of the California Environmental Quality Act <br />GUidelines, these findings are set forth In Exhibit C of Council Resolution No 2009-32, adopted by <br />the Council on June 10, 2009 The Council has ellmmated or substantially lessened all significant <br />effects on the environment where feasible as shown m the findmgs of Resolution No 2009-32 and <br />determined that any remaining significant effects on the environment found to be unavoidable are <br />acceptable due to overndlng concerns and considerations as described In the findings of Resolution <br />No 2009-32 <br /> <br />Section 4 Indemnification The applicant shall defend, mdemnlfy, and hold harmless the <br />Town and ItS agents, officers, and employees from any claim, action, or proceeding against the <br />Town to attack, set aSide, vOid, or annul the certification of the Final EIR and/or actions of the Town <br />Council utilizing the findings set forth In thiS ordinance, which claim, action, or proceedmg IS brought <br />within the time period provided for by State law <br /> <br />Section 5 Summary Publication ThiS ordmance or a summary thereof shall be published <br />once In a newspaper of general circulation wlthm 15 days after ItS adoption <br /> <br />...... <br /> <br />The foregoing Ordinance was Introduced at a regular meeting of the Truckee Town <br />Council held on the 17th day of June, 2009, and adopted at a regular meeting of the Truckee <br />Town Council, on the 2nd day of July 2009, by Council Member Green, who moved Its <br />introduction, which motion was seconded by Vice Mayor Wallace Dee was camed by the <br /> <br />Ordmance 2009-04 <br />Page I <br />