RESOLUTION NO. 23- _____
Resolution Of The City Council Of The City Of Emeryville Adopting The Active Transportation Plan And Accepting The Appendices To The Active Transportation Plan (CEQA Determination: Exempt Pursuant To Public Resources Code Section 21808.20 And CEQA Guidelines Sections 15301(c), 15302, 15304(H), And 15061(b)(3))
WHEREAS, on October 13, 2009, the City Council adopted the Emeryville General Plan (“General Plan”) by Resolution 09-208 and certified an Environmental Impact Report for the General Plan by Resolution 09-207; and
WHEREAS, on May 15, 2012, the City Council adopted Resolution No. 12-078 adopting the Emeryville Pedestrian and Bicycle Plan (the “Pedestrian and Bicycle Plan”); and WHEREAS, the General Plan includes goals and policies regarding multi-modal transportation, a walkable city, a bicycle system, and call for the update of the City’s pedestrian and bicycle plan; and
WHEREAS, on November 17, 2020, the City Council adopted Resolution No. 20-114 authorizing the execution of a contract with Alta Planning + Design for the preparation of the Active Transportation Plan (ATP), to replace the Pedestrian and Bicycle Plan; and WHEREAS, the promotion of public participation opportunities in developing the ATP included targeted social media ads in English and Spanish, posts on the City of Emeryville’s social media accounts, the use of City email lists, the placement of 20 bilingual sidewalk decals around the city in key locations, mailing 19,000 bilingual postcards to every residential and business address in the city, and hand delivering bilingual flyers; and
WHEREAS, over 1,300 people participated in the development of the ATP in various ways, including in-person tours, pedestrian and bicycle tours, on-line surveys, and website comments; and
WHEREAS, opportunities for public participation in the development of the ATP included ten Bicycle Pedestrian Advisory Committee (“BPAC”) meetings, three Transportation Committee meetings, and three listening sessions focusing on the needs and experiences of hotel and retail workers, community members with disabilities, and families with children; and
WHEREAS, three online community meetings, one walking tour, and one bicycle tour were held during the course of developing the ATP; and
WHEREAS, the first draft of the ATP was available for public review online and reviewed at five public meetings between September 2022 and January 2023; and WHEREAS, the Final Draft ATP was available for public review online beginning June 15, 2023 and was reviewed at three public meetings; and DocuSign Envelope ID: E08A709D-ED9D-4AAC-A070-F62367140C78 Resolution No. _____
Adoption Of The Active Transportation Plan (ATP)
City Council Meeting | October 17, 2023
WHEREAS, on July 10, 2023, the BPAC held a duly and properly noticed public meeting in which they unanimously recommended the City Council approve the Final Draft ATP; and
WHEREAS, on July 10, 2023, the Transportation Committee held a duly and properly noticed public meeting in which they unanimously recommended the City Council approve the Final Draft ATP; and
WHEREAS, on July 27, 2023 the Planning Commission held a duly and properly noticed public hearing in which they unanimously recommended the City Council approve the Final Draft ATP; and
WHEREAS, on October 17, 2023 the City Council held a duly and properly noticed public hearing to consider a general plan amendment which made conforming changes to the Transportation Element of the General Plan consistent with the ATP (the “General Plan Amendment’); and
WHEREAS, the City Council has considered the staff report, all public comments, the General Plan Amendment, and the record as a whole; now, therefore, be it RESOLVED, that the City Council of the City of Emeryville hereby finds that adoption of the ATP and corresponding General Plan Amendments are exempt from the California Environmental Quality Act (“CEQA”) pursuant to Pub. Res. Code section 21080.20, which states that adoption of an active transportation plan involving restriping of streets and highways, bicycle parking and storage, signal timing to improve street and highway intersection operations, and related signage for bicycles, pedestrians, and vehicles is exempt from CEQA review provided that noticed public hearings are held prior to adoption, which the City has completed. Further, adoption of the ATP and corresponding General Plan Amendments are exempt from CEQA pursuant to CEQA Guidelines Section 15301(c), which applies to minor changes to existing highways, streets, sidewalks, and trails, including the addition and modification of pedestrian and bicycle facilities; Section 15302, which applies to replacement or reconstruction of existing structures and facilities; Section 15304(h), which applies to the creation of bicycle lanes on existing rights-of-way; and the “common sense exemption” at Section 15061(b)(3) because it can be seen with certainty that there is no possibility that adoption of the ATP and corresponding General Plan Amendments may have a significant effect on the environment. The action would not authorize any construction. Environmental review would be conducted for any future project that would implement the policies in the General Plan and ATP; and be it further RESOLVED, that the City Council of the City of Emeryville hereby makes the following findings:
DocuSign Envelope ID: E08A709D-ED9D-4AAC-A070-F62367140C78 Resolution No. _____
Adoption Of The Active Transportation Plan (ATP)
City Council Meeting | October 17, 2023
The proposed Final ATP, attached hereto as Exhibit A, is exempt from environmental review under State California Environmental Quality Act Guidelines Section 15301(c), which applies to existing highways, streets, sidewalks, and trails, including the addition and modification of pedestrian and bicycle facilities; Section 15302, which applies to replacement or reconstruction of existing structures and facilities; Section 15304(h), which applies to the creation of bicycle lanes on existing rights-of-way; and the “common sense exemption” at Section 15061(b)(3) because it can be seen with certainty that there is no possibility that adoption of the Final ATP may have a significant effect on the environment.
The proposed Final ATP is in the public interest of the people of the City of Emeryville and the surrounding region.
The proposed Final ATP is consistent with the Emeryville General Plan and helps to implement General Plan goals and policies.
The proposed Final ATP is consistent with other plans adopted by the Emeryville City Council
and, be it, further
RESOLVED, that the City Council of the City of Emeryville hereby adopts the Emeryville Active Transportation Plan, attached hereto as Exhibit A; and be it further RESOLVED, that the City Council of the City of Emeryville hereby accepts the Appendices to the Emeryville Active Transportation Plan, attached hereto as Exhibit B, and be it further
RESOLVED, that the City Council of the City of Emeryville, through its adoption of the Emeryville Active Transportation Plan as set forth herein, hereby rescinds the 2012 Pedestrian and Bicycle Plan.
DocuSign Envelope ID: E08A709D-ED9D-4AAC-A070-F62367140C78 Resolution No. _____
Adoption Of The Active Transportation Plan (ATP)
City Council Meeting | October 17, 2023
ADOPTED, by the City Council of the City of Emeryville at a regular meeting held Tuesday, October 17, 2023, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
MAYOR
ATTEST: APPROVED AS TO FORM:
CITY CLERK CITY ATTORNEY
ATTACHMENTS
Exhibit A – Final Active Transportation Plan
Exhibit B – Final Appendices to the Active Transportation Plan DocuSign Envelope ID: E08A709D-ED9D-4AAC-A070-F62367140C78