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RESOLUTION NO.____________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FOSTER CITY ADOPTING
THE INITIAL STUDY/NEGATIVE DECLARATION PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT FOR THE FOSTER CITY CLIMATE ACTION PLAN 2024 UPDATE
CITY OF FOSTER CITY
WHEREAS, the City of Foster City has prepared the Climate Action Plan (CAP) 2024 Update to the City's 2016 CAP; and
WHEREAS, the City of Foster City, in accordance with the requirements of the California Environmental Quality Act (CEQA) and the State CEQA Guidelines adopted by the State Secretary of Resources, has prepared an Initial Study/Negative Declaration (IS/ND) dated September 13, 2024 including corrections dated November 1, 2024 which analyzes the environmental impacts of the CAP 2024 Update; and WHEREAS, the IS/ND concluded that the Project would not cause any significant environmental impacts; and
WHEREAS, a Notice of Intent to Adopt the Negative Declaration was created on September 13, 2024, published on September 18, 2024, and circulated for the required 30-day public review period beginning on September 18 and ending on October 18, 2024; and
WHEREAS, the City transmitted the IS/ND, in accordance with CEQA and the State SEQA Guidelines, to the State Clearinghouse for review; and WHEREAS, the City provided notice to all interested persons and agencies inviting comments on the Draft IS/ND in accordance with the provisions of CEQA, the State CEQA Guidelines, and the City of Foster City Environmental Review Guidelines; and WHEREAS, the City issued a Notice of Intent (NOI) to adopt the Negative Declaration, initiating a 30-day public review period from September 18 to October 18, 2024. Additionally, the city submitted the NOI and other relevant documents to the State Clearinghouse (SCH). The public review and state review period for the CEQA document concluded with no public comments; and
WHEREAS, pursuant to CEQA Guidelines section 15073.5, (a) a lead agency is required to recirculate a negative declaration when the document must be substantially revised after public notice of its availability has previously been given pursuant to Section 15072, but prior to its adoption; and
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WHEREAS, minor edits to the IS/ND were made on November 1, 2024 to reflect minor edits to the CAP 2024 Update that resulted in no changes to the conclusions in the IS/ND and the City, as the lead agency, determined that the minor edits were not substantial revisions pursuant to CEQA Guidelines section 15073.5; and WHEREAS, on November 8, 2024, a Notice of Public Hearing was duly posted for consideration of the adoption of the Draft CAP Update 2024 and consideration of the Final Negative Declaration for the City Council public hearing on November 18, 2024; and WHEREAS, copies of the IS/ND and other documents and materials that constitute the record of the proceedings upon which this decision is based are available for public review from the custodian of these records, the Community Development Department, at City Hall, 610 Foster City Boulevard, Foster City; and
NOW, THEREFORE BE IT RESOLVED, that the City Council, based on facts and analysis in the IS/ND, all written and oral testimony, evidence submitted in connection with the IS/ND and exhibits, finds:
1. The foregoing recitals are true and correct and material to this Resolution; and
2. The IS/ND, including all documents incorporated by reference, have been independently reviewed and considered by the City Council; and
3. The IS/ND has been prepared, circulated for public review and completed in accordance with CEQA, the State CEQA Guidelines, and the City of Foster City Environmental Review Guidelines; and
4. The IS/ND adequately describes the proposed project's environmental impacts; and
5. The IS/ND reflects the City’s independent judgement and analysis; and
6. Based on the whole record, there is no substantial evidence that the project will have a significant effect on the environment.
BE IT FURTHER RESOLVED that the City Council of the City of Foster City does hereby adopt the IS/ND and all documents incorporated by reference as prepared by Urban Planning Partners dated September 13, 2024 including corrections dated November 1, 2024 and the Substantial Evidence Memo as complete and adequate and hereinafter incorporated by reference as Exhibit A as the valid environmental review for this Project.
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PASSED AND ADOPTED as a resolution of the City Council of the City of Foster City at the regular meeting held on the 18th day of November 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
PATRICK SULLIVAN, MAYOR
ATTEST:
PRISCILLA SCHAUS, CITY CLERK