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Attachment 1 - CEQA Resolution v02.pdf

Fresno City Council
May 25, 2023

Document
Attachment 1 - CEQA Resolution v02.pdf
Meeting
May 25, 2023
Body
Fresno City Council
Original file
159 KB
Text extracted from the city's file for reading and search. Open the original on legistar2.granicus.com. That file is the official record.

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Date Adopted:

Date Approved:

Effective Date:

City Attorney Approval: ______ Resolution No. ____________ RESOLUTION NO. ____________

A RESOLUTION OF THE COUNCIL OF THE CITY OF

FRESNO, CALIFORNIA, MAKING FINDINGS UNDER THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT ( CEQA)

THAT THE PROPOSED CHANGES TO PORTIONS OF THE

FRESNO MUNICIPAL CODE AND MASTER FEE SCHEDULE

CONCERNING TRANSMISSION GRID MAINS AND

ASSOCIATED REIMBURSEMENTS ARE NOT A PROJECT
PURSUANT TO CEQA GUIDELINES SECTION 15378

WHEREAS, Section 6-516 of the Fresno Municipal Code relatin g to transmission grid main reimbursements is being repealed a nd Section 6- 501(ee), the definition of transmission grid main, is being amended; and
WHEREAS, the Master Fee Resolution is being updated concerning transmission grid credit/reimbursement amounts under the Public Utilities Section; and WHEREAS, thes e updates to the transmission grid main credit/reimbursement amounts do not approve any project, nor does it constitute an approval of any expansion project or any other specific project and any such future project or future approval is required to comply with the California Environmental Quality Act (CEQA); and

WHEREAS, when the City’s prior update to the water capacity fee ordinance was challenged and upheld by the Court of Appeal in Granville Homes, et al. v. City of Fresno, Case No. F077870 (Cal. Ct.App. Jun. 1, 2020) the Court of Appeal made the same determinations under CEQA Guidelines Section 15378 that are being adopted by this resolution.

BE IT RESOLVED by the Council of the City of Fresno as follows:

1. T he above recitals are incorporated by reference as set forth in full herein.

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2. The City Council finds that, under the definition as provided in CEQA Guidelines Section 15378, this item is not a project. All of the City Counc il's actions as described above, including the action to amend portions of the FMC that address the process for reimbursing developers that construct TGM and the proposed amendment to the Master Fee Schedule, are not an "approval" of a "project," nor does it constitute an "approval" of any expansion project or any other specific project. The capacity fees themselves (and the above actions) merely involve a government funding mechanism, and these amendments to the above matters are not a CEQA project. (See Cal. Code Regs., tit. 14, § 15378, subd. (b)(4).)

3. This resolution shall become effective immediately upon its adoption. * * * * * * * * * * * * * *

STATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss.

CITY OF FRESNO )

I, TODD STERMER, City Clerk of the City of Fresno, certif y that the foregoing resolution was adopted by the Council of the City of Fresno, at a regular meeting held on the day of , 2023.

AYES:

NOES:

ABSENT:

ABSTAIN:

TODD STERMER, CMC
City Clerk

By:

Deputy Date

APPROVED AS TO FORM

ANDREW JANZ
City Attorney

By:__________________________
Jennifer M. Quintanilla Date
Senior Deputy City Attorney

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