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20-9761 RESOLUTION NO. 20-976 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA, APPROVING THE CITY OF MENIFEE ACTIVE TRANSPORTATION PLAN WHEREAS, in order to receive regional and state funding for roadway improvements, the City of Menifee is required to consider and adopt an active transportation plan; and WHEREAS, the objective of the Menifee Active Transportation Plan (ATP) is to provide recommended actions, projects and programs to support increasing bicycling and walking as well as improve non-motorized travel infrastructure to provide safer, walkable streets throughout the City for residents that are dependent on these modes; and WHEREAS, Public Resources Code section 21080.20 states that the City can determine the approval of a bicycle transportation plan, such as the ATP, is exempt from CEQA review, provided the agency holds a noticed public hearing to consider the ATP, and prepares an assessment of any traffic and safety impacts of the project and include measures in the bicycle transportation plan to mitigate potential impacts, and the City has conducted a public hearing on November 18, 2020, and prepared the required assessment to comply with those requirements; 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 ATP is exempt from CEQA because it involves evaluation of the ATP and recommendations for possible future planning actions or projects, and the ATP 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 ATP, which involves recommendations and projects that will be assessed through future planning applications and implementation, meaning that it can be seen with a certainty that the ATP 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 ATP and, exercising its independent judgment, based on the entire record before it, has determined that the project is exempt from CEQA. WHEREAS, the City Council for the City of Menifee conducted a public hearing considering the merits of the ATP on November 18, 2020. 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. Section 2. The City of Menifee hereby approves the Menifee Active Transportation Plan (ATP). DocuSign Envelope ID: D33ACDCA-EFBD-4FD5-9B78-FC847F1BA9A7 2 Section 3. Pursuant to Public Resources Code section 21080.20, the City has held a public hearing considering the ATP, 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 ATP 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 18th day of November 2020. __________________________ Bill Zimmerman, Mayor Attest: ___________________________ Sarah A. Manwaring, City Clerk Approved as to form: ___________________________ Jeffrey T. Melching, City Attorney DocuSign Envelope ID: D33ACDCA-EFBD-4FD5-9B78-FC847F1BA9A7 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF MENIFEE ) I, Sarah A. Manwaring, City Clerk of the City of Menifee, do hereby certify that the foregoing Resolution No. 20-976 was duly adopted by the City Council of the City of Menifee at a meeting thereof held on the 18th day of November 2020 by the following vote: Ayes: August, Deines, Sobek, Liesemeyer, Zimmerman Noes: None Absent: None Abstain: None _______________________________ Sarah A. Manwaring, City Clerk DocuSign Envelope ID: D33ACDCA-EFBD-4FD5-9B78-FC847F1BA9A7