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Attachment 5 - Draft Resolution Certifying the Final EIR for the 2040 General PlanRESOLUTION NO. RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS CERTIFYING A FINAL ENVIRONMENTAL IMPACT REPORT FOR THE 2040 GENERAL PLAN WHEREAS, the Town of Los Gatos has prepared the 2040 General Plan to update and enhance the 2020 General Plan, along with the Final Environmental Impact Report (EIR); and WHEREAS, the Town circulated a Notice of Preparation of an EIR for the 2040 General Plan update for 30 days commencing on July 9, 2020, and concluding on August 10, 2020; WHEREAS, the comments received in response to the Notice of Preparation were included in the Draft EIR; WHEREAS, the Town circulated a Notice of Completion and Availability of the Draft EIR for the project for 45 days commencing on July 30, 2021, and concluding on September 13, 2021; WHEREAS, a Planning Commission public hearing to receive oral comments was held during the review period on September 8, 2021; WHEREAS, the Town became aware of a procedural error in the original Notice of Completion and Availability during the review of commentary and the preparation of the Final EIR; WHEREAS, the Town believed to provide maximum clarity, it was important to recirculate the Transportation Analysis of the Draft EIR and its Appendix, as well as the Executive Summary which includes a summary of transportation impacts, because Appendix C erroneously included a draft rather than a final Transportation Analysis, and Chapter 4.15, Transportation, of the EIR was revised to elaborate on transit impacts and cumulative VMT impacts; WHEREAS, the Town reissued the Notice of Completion and Availability of the Draft EIR, and formally recirculated Chapter 4.15, Transportation and Appendix C, Transportation Analysis for the Draft EIR, as well as the Executive Summary, and reopening the public review period for 45 days commencing on Friday, November 19, 2021, and concluding on Friday, January 7, 2022; ATTACHMENT 5 Draft Resolution to be modified by Town Council deliberations and direction. WHEREAS, a Planning Commission public hearing to receive oral comments was held during the review period on December 8, 2021; WHEREAS, under the provisions of the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the Town of Los Gatos prepared responses to comments on environmental issues, which responses clarify or correct information contained in the Draft EIR, providing good- faith reasoned analysis supported by factual information, and the comments and responses thereto were prepared and published in a Final EIR; and WHEREAS, under the provisions of the Government Code and CEQA, the Planning Commission conducted duly noticed public hearings regarding certification of the Final EIR and adoption of the 2040 General Plan on April 13, April 25, April 27, and May 2, 2022, and recommended that the Los Gatos Town Council certify the Final EIR and adopt the 2040 General Plan with modifications; and WHEREAS, the Planning Commission recommended adoption of the 2040 General Plan, and the Los Gatos Town Council considered all recommendations made by the Planning Commission; and WHEREAS, the Los Gatos Town Council conducted duly noticed public hearings and received public testimony about the 2040 General Plan and the EIR on June 20 and ____________, 2022; and WHEREAS, on ____________, 2022, the Los Gatos Town Council found that the Final EIR for the 2040 General Plan as recommended for certification by the Planning Commission, was prepared in compliance with the California Environmental Quality Act and guidelines and is complete; NOW THEREFORE, BE IT RESOLVED, the Los Gatos Town Council certifies the Final EIR subject to the Findings of Fact and Statement of Overriding Considerations in Exhibit A, attached hereto. PASSED AND ADOPTED at a special meeting of the Town Council of the Town of Los Gatos, California, held on the __th day of June, 2022 by the following vote: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA DATE: ___________________ ATTEST: CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA DATE: ___________________ S:\COUNCIL REPORTS\2022\06-20-22 Special Meeting\Attachment 5 - Draft Resolution.docx This Page Intentionally Left Blank