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o 0 <br /> (3)That the topography, size, shape, geology, or access to the private park <br /> and recreational area is of such portion and nature to allow for human utilization. <br /> The determination of the Council as to whether offers of private park and <br /> recreational space shall be considered in whole or part for the fulfillment of the <br /> requirements of Section 9-1.1404, inclusive, shall be final and conclusive. <br /> SECTION 3. The City Council finds that this project is exempt from the <br /> provisions of the Environmental Quality Act ("CEQA") because it can be seen with <br /> certainty that there is no possibility that this project will have a significant adverse effect <br /> on the environment. <br /> SECTION 4. This ordinance shall be effective on the thirty-first day after the <br /> date of its adoption. <br /> INTRODUCED: July 17 , 2003 <br /> PASSED: August 7 , 2003 <br /> AYES: Mayor Emily Ching, Mayor Pro Tem 09'Malley, <br /> Councilmember Fenwick, Councilmember Kerr and <br /> NOES: Councilmember Warshawsky <br /> None <br /> ABSENT: None <br /> ABSTENTIONS: None <br /> ATTEST: <br /> City Clerk Mayor <br /> APPROVE"S TO FORM: A P OVED: <br /> <br /> City Attorne City Manager <br /> 3 <br />