ORDINANCE O2022-__
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MANTECA ADOPTING THE MITIGATED NEGATIVE DECLARATION AND APPROVING THE THIRD AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF MANTECA AND CENTERPOINT PROPERTIES WHEREAS, the City of Manteca and CenterPoint Properties desire to amend the development agreement (the “Development Agreement”) herein attached to this ordinance as Exhibit “A,” entitled THIRD AMENDMENT TO THE CENTERPOINT DEVELOPMENT AGREEMENT; and WHEREAS, this Third Amendment to the Development Agreement is related to the Northwest Airport Way Master Plan (#09-99-01), specifically those lots under ownership of CenterPoint Properties Trust, otherwise identified by Assessor Parcel Number 198-03-039; and WHEREAS, the original Development Agreement between CenterPoint Properties Trust and the City of Manteca was approved by the City Council on November 02, 2010, with a term of 15-years, and an expiration date of November 01, 2025; and WHEREAS, the First Amendment to the Development Agreement between CenterPoint Properties Trust and the City of Manteca was approved by the City Council on June 12, 2012, the terms of which expire on December 31, 2015; and WHEREAS, the Second Amendment to the Development Agreement was approved by the City Council on January 24, 2017, which contained terms and conditions that were ultimately satisfied by their agreed-upon dates of July 1, 2019, January 1, 2020, and January 1, 2022, respectively; and WHEREAS, at the July 1, 2021 public hearing of the Manteca Planning Commission, the Planning Commission considered the Third Amendment to the Development Agreement and adopted Resolution No. 1566, recommending the adoption of 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, but after the Planning Commission recommended approval of the Third Amendment to the Development Agreement; and WHEREAS, the issues identified with the construction of Intermodal way have been resolved and those terms have since been added to this Third Amendment to the Development Agreement, thus making it ready for consideration by the City Council; and WHEREAS, pursuant to Section 65867.5(b) of the Government Code “a development agreement shall not be approved unless the legislative body finds that the provisions of the agreement are consistent with the General Plan and any applicable specific plan;” and WHEREAS, the Third Amendment to the Development Agreement is consistent with the General Plan of the City of Manteca and the Northwest Airport Way Master Plan, implements the goals and objectives of both plans, and does not allow development except in conformance with that Plan; 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.) and 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, a Mitigated Negative Declaration was prepared for the Intermodal Way extension and the Third Amendment to the Development Agreement pursuant to the provisions of the CEQA, its Guidelines, the City’s Local CEQA Guidelines, and a supplemental MND Errata; 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.
THE CITY COUNCIL OF THE CITY OF MANTECA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1: Amendment. The City Council hereby approves the Third Amendment to the Development Agreement and authorizes the Mayor to execute the Development Agreement Amendment on behalf of the City. The City Council further directs the City Manager, or her designee, to file and post with the County Clerk, pursuant to CEQA, a Notice of Determination regarding the action taken by this Ordinance.
SECTION 2: Severability. If any section, sub-section, subdivision, paragraph, clause or phrase in this Ordinance, or any part thereof, is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections or portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, sub-section, subdivision, paragraph, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more sections, sub-sections, subdivisions, paragraphs, sentences, clauses or phrases may be declared invalid or unconstitutional.
SECTION 3: Effective Date. This Ordinance shall become effective thirty (30) days following its adoption.
City of Manteca, a municipal corporation
MAYOR: __________________________
BENJAMIN J. CANTU
ATTEST: __________________________
OLIVIA NASHED
ASSISTANT CITY CLERK
STATE OF CALIFORNIA
COUNTY OF SAN JOAQUIN SS:
CITY OF MANTECA
I, Olivia Nashed, Assistant City Clerk of the City of Manteca, do hereby certify that the foregoing Ordinance had its first reading and was introduced during the public meeting of the City Council on the 15th day of March, 2022, and had its second reading and was adopted and passed during the public meeting of the City Council on the 5th day of April, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: _______________________
OLIVIA NASHED
Assistant City Clerk
O2021-__ Page 3 of 3 Type adopted date of ordinance here O2017-__ Page 1 of 3 Type adopted date of ordinance here ATTACHMENT 1
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