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12 <br />City’s trusteeship over Docktown into compliance with the statutes granting the City <br />trusteeship over Docktown and the State’s directive regarding the public trust doctrine. <br />The Commission has unequivocally informed the City that it must cause the cessation of <br />residential use at Docktown, and the City has no discretion about whether to allow further <br />residential use at Docktown. <br />Even if the City’s action were determined not to be ministerial under CEQA, the decision <br />to approve the Docktown Plan for terminating residential use at Docktown is categorically <br />exempt from the requirements of the CEQA because it falls within each of four classes of <br />projects that the Secretary for Resources has found do not have a significant effect on <br />the environment pursuant to Sections 15301, 15304, 15307, and 15308 of the CEQA <br />Guidelines, entitled titled Existing Facilities, Minor Alterations to Land, Actions by <br />Regulatory Agencies for Protection of Natural Resources, and Actions by Regulatory <br />Agencies for Protection of the Environment, respectively. There is no applicable <br />exception to the foregoing categorical exemptions. The action at issue will involve only <br />minor physical changes to Docktown Marina (e.g., removal of residential watercraft) and <br />will benefit the environment and natural resources by reducing potential releases of <br />contaminants from residents and their property and by bringing Docktown into <br />compliance with the Public Trust Doctrine, as interpreted by the Commission, for the <br />benefit of all the people of the State of California. <br />In addition, the approval of the Docktown Plan for terminating residential use at Docktown <br />is exempt from the requirements of CEQA pursuant to Section 15061(b)(3) of the CEQA <br />Guidelines because it can be seen with certainty that there is no possibility that this <br />action may have a significant effect on the environment. <br />For further analysis of reasons for which the proposed action is not subject to <br />environmental review, see the letter from the City’s outside counsel, dated December 8, <br />2016 (Attachment H). The Docktown Plan is categorically exempt from CEQA because <br />1) it can be seen with certainty that there is no possibility that the adoption of the Plan <br />may have a significant effect on the environment (14 CCR § 15061(b)(3)), and 2) the <br />Plan assures the maintenance, restoration, enhancement, or protection of a natural <br />resource and the environment (14 CCR §§ 15307, 15308). <br /> <br /> <br />MELISSA STEVENSON DIAZ <br />CITY MANAGER <br /> <br /> <br />ATTACHMENTS <br />6.1.B. - Page 22