RESOLUTION NO. 24-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA, ADOPTING THE 2024 MENIFEE COMPLETE STREETS PLAN
WHEREAS, in order to be competitive in regional and state funding programs for roadway improvements, the City of Menifee is required to consider and adopt a complete streets plan; and WHEREAS, the objective of the Menifee Complete Streets Plan (CSP) is to provide safe and comfortable facilities that are planned, designed, and constructed to improve access and strengthen connections between all users and all modes of travel such as walking, bicycling, public transit, and automobiles throughout the City; and
WHEREAS, at Public Resources Code section 21080.20 states that the City can determine the approval of an active transportation plan, a pedestrian plan, or a bicycle transportation plan, such as the CSP, is exempt from CEQA review, provided the agency holds a noticed public hearing to consider the CSP, and prepares an assessment of any traffic and safety impacts of the project and includes measures in the CSP to mitigate potential impacts; the City caused the publication of notice of a public hearing on this matter as required by Government Code 6061; the City has conducted a public hearing on July 17, 2024; and the assessment of traffic and safety impacts and mitigation measure are included within the CSP; and
WHEREAS, pursuant to the exemption in State CEQA Guidelines section 15262 (Feasibility and Planning studies) which applies to projects “involving only feasibility or planning studies for possible future actions which the agency . . . has not yet approved, adopted, or funded does not require the preparation of an EIR or negative declaration but does require consideration of environmental factors,” the approval of the CSP is exempt from CEQA because it involves evaluation of the CSP and recommendations for possible future planning actions or projects, and the CSP itself includes an analysis of the relevant environmental factors; and
WHEREAS, pursuant to the “common sense exemption” in State CEQA Guidelines section 15061(b)(3), which states “…that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA,” the project is exempt from CEQA because it consists of approval of the CSP, which involves recommendations for projects that will be assessed through future planning applications and implementation, meaning that it can be seen with a certainty that the CSP itself will not have a significant effect, or any physical effect, on the environment; and WHEREAS, the Council has independently reviewed and considered the basis for the statutory and categorical exemptions prior to taking any approval action on the CSP and, exercising its independent judgment, based on the entire record before it, has determined that the project is exempt from CEQA; and
WHEREAS, the City Council for the City of Menifee conducted a public hearing considering the merits of the CSP on July 17, 2024.
NOW, THEREFORE, BE IT RESOLVED AND ORDERED by the City Council of the City of Menifee, California as follows:
Section 1. The City Council finds and determines that the foregoing recitals, which are incorporated herein by reference, are true and correct.
Adoption of 2024 Menifee Complete Streets Plan
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Section 2. The City of Menifee hereby approves the Menifee Complete Streets Plan (CSP), on file with the City Clerk Department and provided as attachment 2 to the July 17, 2024 City Council staff report on the Menifee Complete Streets Plan Adoption.
Section 3. Pursuant to Public Resources Code section 21080.20, the City has held a public hearing considering the CSP, and considered the assessment required under that section, and has determined that the project is exempt from CEQA.
Section 4. The City Council likewise finds and declares that consideration and approval of the CSP is exempt from CEQA review under CEQA Guidelines 15061(b)(3) and 15262.
Section 5. The City Council hereby directs the City Manager or their designee to record a notice of exemption with the Office of Planning and Research and the county clerk for the County of Riverside in accordance with these findings.
Section 6. This Resolution shall take effect immediately.
PASSED, APPROVED AND ADOPTED this 17th day of July, 2024 ___________________________
Bill Zimmerman, Mayor
Attest:
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Stephanie Roseen, Acting City Clerk
Approved as to form:
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Jeffrey T. Melching, City Attorney