RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MANTECA ADOPTING THE MITIGATED NEGATIVE DECLARATION FOR THE INTERMODAL WAY EXTENSION, ASSOCIATED WITH THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF MANTECA AND CENTERPOINT PROPERTIES (DAA 21-70) WHEREAS, the City of Manteca and CenterPoint Properties desire to amend the Development Agreement related to the Northwest Airport Way Master Plan (#09-99-01), specifically the lot under ownership of CenterPoint Properties Trust, otherwise identified by Assessor Parcel Number 198-03-039; and WHEREAS, a Mitigated Negative Declaration (MND) was prepared for the Intermodal Way extension for this Third Amendment to the Development Agreement pursuant to the provisions of the CEQA, its Guidelines; and WHEREAS, a supplemental MND Errata was prepared to correct minor clerical errors in the published MND which do not impact the findings of the MND; and WHEREAS, the MND finds that the project will not have significant or unavoidable impacts, provided the recommended mitigations are implemented; and WHEREAS, the original Development Agreement was environmentally reviewed pursuant to the provisions of the California Environmental Quality Act (Public Resources code Sections 21000 et seq.) (“CEQA”), the State CEQA guidelines (California Code of Regulations, Title 14, Sections 15000 et seq.), the City’s Local CEQA Guidelines, and an Environmental Impact Report was prepared in connection with the Project, which the City certified as a Final Environmental Impact Report (“FEIR”) with environmental findings and the required findings for adoption, in addition to a Statement of Overriding Considerations for Project impacts that could not be mitigated to less than significant levels, in connection with the approval of the Project and Original Development Agreement (Resolution No. R2010-230) on November 2, 2010; and WHEREAS, at the July 1, 2020 public hearing of the Manteca Planning Commission, the Planning Commission considered the environmental Mitigated Negative Declaration and the Third Amendment to the Development Agreement and adopted Resolution No. 1566, recommending the adoption of the Mitigated Negative Declaration and the Amendment to the City Council; and WHEREAS, the item was not scheduled for a City Council hearing due to issues identified with the construction of Intermodal Way during the Planning Commission’s discussion of the CenterPoint South project, which was heard at the same Planning Commission meeting as the Third Development Agreement Amendment and Mitigated Negative Declaration, but after the Planning Commission recommended approval of the Third Amendment to the Development Agreement and Mitigated Negative Declaration; and WHEREAS, the issues identified with the construction of Intermodal way have been resolved and those terms have since been added to the Third Amendment to the Development Agreement, thus making it ready for consideration by the City Council; and WHEREAS, the City Council has considered all information related to this matter, as presented at the public meeting of the City Council identified herein, including any supporting reports by City Staff, and any information provided during public meetings.
NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF MANTECA, AS FOLLOWS:
The City Council hereby finds that the facts set forth in the recitals to this Resolution are true and correct, and establish the factual basis for the City Council’s adoption of this Resolution.
2. The project completed an environmental Mitigated Negative Declaration, and found the project will not have significant impacts, provided the recommended mitigations are implemented.
4. Based on the foregoing, the City Council hereby adopts the environmental Mitigated Negative Declaration for the Intermodal Way Extension, associated with the Third Development Agreement between CenterPoint Properties and the City of Manteca.
5. This Resolution shall take effect immediately upon its adoption.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Manteca at a public meeting of said City Council held on the ______ day of _____, 20____, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
MAYOR: _____________________________
BENJAMIN J. CANTU
Mayor
ATTEST: __________________________
OLIVIA NASHED
Acting City Clerk
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