RESOLUTION R2023-XX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MANTECA, STATE OF CALIFORNIA CERTIFYING THE GENERAL PLAN UPDATE ENVIRONMENTAL IMPACT REPORT AND MAKING CERTAIN FINDINGS CONCERNING SIGNIFICANT IMPACTS, MITIGATION MEASURES AND ALTERNATIVES, AND ADOPTING A STATEMENT OF OVERRIDING CONSIDERATION AND MITIGATION MONITORING AND REPORTING PROGRAM, IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AS AMENDED WHEREAS, the General Plan Update document (Project) is an in-depth policy document that informs both long-term and short-term decisions of the City Council and city departments, and pursuant to California Government Code Section 65300, is a required document to be prepared and adopted by every City in California; and WHEREAS, approval of the Project constitutes a project as defined under the provisions of the California Environmental Quality Act of 1970, together with related state and local implementation guidelines and policies promulgated thereunder, all as amended to date (collectively, “CEQA”); and WHEREAS, the City of Manteca (City), as the lead agency, has prepared a Final Environmental Impact Report (“FEIR”) for the Project pursuant to and in accordance with CEQA, which is comprised of the Draft Environmental Impact Report for the Project (the “Draft EIR”); and WHEREAS, on June 29, 2023, at a Special Meeting, the Planning Commission of the City of Manteca reviewed the FEIR prepared for the General Plan Update and recommended to the City Council that it find the environmental clearance for the proposed Project was complete and in accordance with the requirements of CEQA and further recommended the City Council adopt a Resolution certifying the FEIR and making certain findings concerning significant impacts, mitigation measures and alternatives, and adopting a statement of overriding considerations and mitigation monitoring and reporting program, all in accordance with CEQA; and WHEREAS, CEQA requires that, in connection with the approval of a project for which an environmental impact report has been prepared which identifies one or more significant environmental effects of the project, the decision-making body of a public agency make certain findings regarding those effects and adopt a mitigation or monitoring program and statement of overriding consideration for any impact that may not be reduced to a less than significant level.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Manteca that:
That the above recitals are true and correct.
That the City Council does hereby find and certify that the FEIR has been prepared and completed in compliance with CEQA.
The City Council was presented with, and has independently reviewed and analyzed, the FEIR and other information in the record and has considered the information contained therein, including the written and oral comments received at the public hearings on the FEIR and the Project, prior to acting upon or approving the Project, and has found that the FEIR represents the independent judgment of the City of Manteca (“City”) as lead agency for the Project, and designates the Director of Development Services, at his office at 1215 W. Center Street, Manteca, California 95337, as the custodian of documents and record of proceedings on which the decision of the City is based.
The City Council does hereby find and recognize that the FEIR contains additions, clarifications, modifications, and other information in its response to comments on the Draft EIR or obtained by the City after the Draft EIR was issued and circulated for public review and does hereby find that such changes and additional information are not significant new information as that phrase is described under CEQA because such changes and additional information do not indicate that any of the following would result from approval and implementation of the Project: (i) any new significant environmental impact or substantially more severe environmental impact not already disclosed and evaluated in the Draft EIR, (ii) any feasible mitigation measure considerably different from those analyzed in the Draft EIR that would lessen a significant environmental impact of the Project has been proposed and would not be implemented, or (iii) any feasible alternative considerably different from those analyzed in the Draft EIR that would lessen a significant environmental impact of the Project has been proposed and would not be implemented.
The City Council does hereby find and determine that recirculation of the FEIR for further public review and comment is not warranted or required under the provisions of CEQA.
The City Council does hereby make the findings attached to this Resolution as Exhibit A, with respect to the significant effects of the environment of the Project, as identified in the FEIR, with the understanding that all of the information in this Resolution is intended as a summary of the full administrative record supporting the FEIR, which full administrative record should be consulted for the full details supporting these findings. Exhibits “A” is fully incorporated herein as if set forth in full.
I HEREBY CERTIFY that the foregoing Resolution was introduced and passed at a regular meeting of the City Council of the City of Manteca at a duly noticed public hearing meeting of said City Council held on the 18th day of July, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
MAYOR: __________________________
GARY SINGH
Mayor
ATTEST: __________________________
CASSANDRA CANDINI-TILTON
City Clerk
Exhibits:
Exhibit “A” - Statement of Overriding Considerations
R2023-XX Page 3 of 3 July 18, 2023
R2023-XX Page 1 of 3 July 18, 2023
ATTACHMENT 1
ATTACHMENT 1