Land Disposition Agreement and Services Agreement between the City of Richmond and Upstream Point Molate LLC
Summary
SCH Number
2004118284
Public Agency
City of Richmond
Document Title
Land Disposition Agreement and Services Agreement between the City of Richmond and Upstream Point Molate LLC
Document Type
NOE - Notice of Exemption
Received
Posted
11/15/2004
Document Description
The purpose of the Land Disposition Agreement is the transfer ownership or leasehold interests in land at Point Molate to Upstream Point Molate LLC, a developer, to allow the developer to begin the process of developing a project proposal for use of the land in a manner that will substantially benefit the City of Richmond and its residents. The City supports the transfer of the Property by the developer to the United States to be held in trust for the benefit of the Guidiville Band of Pomo Indians of the Guidiville Rancheria (the "Tribe"), a federally recognized tribe existing in California. The City also supports that the State of California negotiate a compact with the Tribe to conduct gaming on the property under the Indian Gaming Regulatory Act.
Contact Information
Name
Rich McCoy
Agency Name
City of Richmond
Contact Types
Lead/Public Agency
Phone
Location
Cities
Richmond
Counties
Contra Costa
Notice of Exemption
Exempt Status
Categorical Exemption
Type, Section or Code
Sections 15061(b)(3), 21065
Reasons for Exemption
The City Council's approval of the Disposition Agreement is not a "project" as defined in the CEQA because it is not an activity that "may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment" because (1) as described in Section 2.2(a) of the Disposition Agreement, the City will conduct environmental review pursuant to CEQA prior to Closing of any project proposed by the developer for the Property subject to the Disposition Agreement; (2) the Disposition Agreement does not restrict the City's legal authority to modify or deny any such proposed project; and (3) the Disposition Agreement does not commit the City to any particular decision with respect to the ultimate use of the Property subject to the Disposition Agreement. Therefore, under Public Resources Code section 21081, the approval is exempt from CEQA.
Even if the City Council's approval of the Disposition Agreement is a project as defined in CEQA, it is exempt from CEQA because there is no possibility that the activity in question may have a significant effect on the environment because (1) as described in Section 2.2(a) of the Disposition Agreement, the City will conduct environmental review pursuant to CEQA prior to Closing of any project proposed by the developer for the Property subject to the Disposition Agreement; (2) the Disposition Agreement does not restrict the City's legal authority to modify or deny any such proposed project; and (3) the Disposition Agreement does not commit the City to any particular decision with respect to the ultimate use of the Property subject to the Disposition Agreement.
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