RESOLUTION R2023-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MANTECA CONFIRMING THE APPROVAL OF THE PLANNING COMMISSION DECISION TO APPROVE THE MITIGATED NEGATIVE DECLARATION AND SITE PLAN AND DESIGN REVIEW APPLICATION FOR AIRPORT BUSINESS CENTRE NORTH, LOCATED AT 3045, 3123, & 3157 NORTH AIRPORT WAY (FILE NO. SPC 22-45) WHEREAS, on April 25, 2022, Rob Mitchell of Greenlaw Development, LLC, at 18301 Von Karmen Ave., Ste. 250, Irvine, CA 92612, filed an application for a Site Plan and Design Review and Initial Study/Mitigated Negative Declaration for a project known as Airport Business Centre North; and WHEREAS, the Manteca Planning Commission (“Planning Commission”) at their duly noticed public hearing of December 15, 2022, voted 4-1 to approve the project after considering all information related to the matter, as presented at the public meeting, including any staff reports by City staff, and any information provided during said public meetings; and WHEREAS, an appeal to the City Council was filed by the Golden State Environmental Justice Alliance on December 20, 2022 and a second appeal was filed by the City of Lathrop on December 21, 2022, both attached as Exhibit “A”, in compliance with Code Section 17.08.070, on the basis that the appellants believe the Mitigated Negative Declaration is flawed and an EIR must be prepared for the project; and WHEREAS, Airport Business Centre North is located at 3045, 3123, & 3157 North Airport Way, identified by Assessor’s Parcel Numbers (APNs) 198-200-130, 198-200-060, and 198-200-090; and WHEREAS, the Site Plan and Design Review application is for the construction of a 360,000 sf speculative warehouse with 10,000 sf of office space, and employee and visitor parking, truck parking, 46 truck docks, 52 trailer stalls, and landscaping; and WHEREAS, the project site is located within the Northwest Airport Way Master Plan and is zoned Master Plan (“MP”) and has a General Plan land use designation of Light Industrial (“LI”); and WHEREAS, the proposed use is consistent with both the Master Plan zoning district and the Light Industrial General Plan land use designation; and WHEREAS, an Environmental Impact Report (“EIR”) and supporting documents were prepared for the Northwest Airport Way Master Plan in 2010 (SCH# 2010022024) to disclose potential environmental effects of the proposed project in compliance with the California Environmental Quality Act (“CEQA”) (as amended through Public Resources Code Section 21000 et seq.) and the State CEQA Guidelines (California Code of Regulation Section 15000 et seq.) and certified by the City of Manteca City Council on November 2, 2010; and WHEREAS, the project has been further evaluated through an Initial Study/Mitigated Negative Declaration (“IS/MND”) attached as Exhibit “B”, with a Mitigation Monitoring and Reporting Program, dated December 1, 2022, attached as Exhibit “C” which found the project will have less than significant impacts on the environment as long as all mitigation measures are followed; and WHEREAS, the IS/MND found that although the project could have a significant adverse effect on the environment, there will not be a significant adverse effect in this case because the project has incorporated specific provisions to reduce impacts to a less than significant level and/or the mitigation measures described herein have been added to the project; and WHEREAS, at a duly notice hearing on the appeal on January 10, 2023, the City of Manteca City Council considered the project and all information contained with the MND, staff report, supplemental documents, staff presentation, and public hearing; and WHEREAS, staff requests the City Council deny the appeal and confirm the Planning Commission approval of the project and adoption of the IS/MND, based on the information and findings detailed in the staff report IS/MND; 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, THE CITY COUNCIL OF THE CITY OF MANTECA MAKES THE FOLLOWING FINDINGS:
1. Pursuant to CEQA Guidelines Section 15074, the City Council finds that a MND and the accompanying Mitigation Monitoring and Reporting Program were the proper environmental documents adopted for the Project. The City Council finds that on the basis of the whole record before it, (including the initial study and any comments),that there is no substantial evidence that the Project will have a significant effect on the environment. Moreover, any of the impacts that were deemed potentially significant were mitigated to less than significant or not significant through the Mitigation Monitoring and Reporting Plan. Finally, the MND reflects the lead agency’s independent judgment and analysis of the potential environmental effects of the Project.
NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF MANTECA, AS FOLLOWS:
The appeal by the Golden State Environmental Justice Alliance is denied.
The appeal by the City of Lathrop is denied.
The Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for Airport Business Centre North are adopted.
The Site Plan and Design Review Application for Airport Business Centre North, along with the final plan set attached as Exhibit “D” and the conditions of approval attached as Exhibit “E”, are approved based on the findings listed in the staff report.
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 10th day of January, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
MAYOR: __________________________
GARY SINGH
Mayor
ATTEST: __________________________
CASSANDRA CANDINI-TILTON
City Clerk
ATTACHMENTS:
Exhibit “A” - Appeal Letters
Exhibit “B” - Final Initial Study/Mitigated Negative Declaration Exhibit “C” - Mitigation Monitoring and Reporting Program (MMRP) Exhibit “D” - Approved plan set
Exhibit “E” - Conditions of Approval
R2023-XX Page 3 of 3 January 10, 2023
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