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Reso 2011-059
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Reso 2011-059
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Last modified
3/10/2011 2:33:28 PM
Creation date
3/10/2011 2:31:58 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Resolution
Document Date (6)
3/7/2011
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PERM
Document Relationships
10D Action 2011 0307
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2011\Packet 2011 0307
RDA Agmt 2011 City (2)
(Approved)
Path:
\City Clerk\City Council\Agreements\2011
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(3) No other reasonable means of financing the acquisition of the land or the <br /> installation or construction of the buildings, facilities, structures, or other improvements that are <br /> publicly owned, are available to the community; and <br /> (4) The payment of funds for the acquisition of land or the cost of buildings, <br /> facilities, structures, or other improvements that are publicly owned is consistent with the <br /> implementation plan adopted pursuant to CRL Section 33490. <br /> WHEREAS, pursuant to State CEQA Guidelines Section 15378(b)(4), approval of the <br /> Agreement itself is not a project subject to the California Environmental Quality Act ( "CEQA "), <br /> because the Agreement is related to a government funding mechanism or other government fiscal <br /> activities which do not involve a commitment to any specific project which may result in a <br /> potentially significant physical impact on the environment. A "project" requiring CEQA review, <br /> is an activity that has the potential for resulting in either a direct or reasonably foreseeable <br /> indirect physical change in the environment, and expressly does not include government funding <br /> mechanisms or other government fiscal activities which do not involve any commitment to any <br /> specific project (CEQA Guidelines, § 15378(b)(4)). Nevertheless, as further described in the staff <br /> report, resolution and related materials provided to the City Council and Agency governing board in <br /> connection with the review and approval of this Agreement, the Eden Road project described in <br /> Exhibit A to the Agreement is exempt from CEQA review pursuant to CEQA Guidelines Section <br /> 15303(d) because it involves the construction of a limited segment of roadway in an urbanized <br /> area. The City and Agency (as applicable) have determined based on substantial evidence that <br /> there are no substantial changes proposed in the project, no substantial changes have occurred <br /> with respect to the circumstances or environmental setting under which the project will be <br /> undertaken, and no other significant new information has become available since the time the <br /> public notice of availability was issued, which would demonstrate that (i) a new significant <br /> environmental impact would result from the project or from a new mitigation measure to be <br /> implemented; (ii) a substantial increase in the severity of an environmental impact would result <br /> unless mitigation measures are adopted that reduce the impact to a level of insignificance; (iii) a <br /> feasible project alternative or mitigation measure considerably different from others previously <br /> analyzed would clearly lessen the environmental impacts of the project; or (iv) the Negative <br /> Declaration was so fundamentally and basically inadequate and conclusory in nature that <br /> meaningful public review and comment were precluded. Therefore, no further CEQA evaluation <br /> or recirculation of the Negative Declaration is required for approval of this Agreement pursuant <br /> to Public Resources Code section 21166 and CEQA Guidelines Sections 15088.5 and 15162. <br /> WHEREAS, the Staff Report accompanying this Resolution, the Redevelopment Plan, <br /> and the Implementation Plan provide additional information upon which the findings and actions <br /> set forth in this Resolution are based; <br /> WI- IEREAS, the expenditure of tax increment funds for the projects identified in the <br /> Agreement will be of benefit to the Project Area by facilitating the elimination of blight; <br /> WHEREAS, the improvements to be funded pursuant to the Agreement are provided for <br /> in the Redevelopment Plan, and the expenditure of tax increment funds for such improvements <br /> is consistent with the Implementation Plan adopted by the Agency pursuant to Health and Safety <br /> RESOLUTION NO. 2011 -059 2 <br />
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