RDA Reso 2011-005 - Laserfiche WebLink

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(3) No other reasonable means of financing the acquisition of the land or the installation or construction of the buildings, facilities, structures, or other improvements that are publicly owned, are available to the community; and (4) The payment of funds for the acquisition of land or the cost of buildings, facilities, structures, or other improvements that are publicly owned is consistent with the implementation plan adopted pursuant to CRL Section 33490. WHEREAS, pursuant to State CEQA Guidelines Section 15378(b)(4), approval of the Agreement itself is not a project subject to the California Environmental Quality Act ( "CEQA "), because the Agreement is related to a government funding mechanism or other government fiscal activities which do not involve a commitment to any specific project which may result in a potentially significant physical impact on the environment. A "project" requiring CEQA review, is an activity that has the potential for resulting in either a direct or reasonably foreseeable indirect physical change in the environment, and expressly does not include government funding mechanisms or other government fiscal activities which do not involve any commitment to any specific project (CEQA Guidelines, § 15378(6)(4)). Nevertheless, as further described in the staff • report, resolution and related materials provided to the City Council and Agency governing board in connection with the review and approval of this Agreement, the Eden Road project described in Exhibit A to the Agreement is exempt from CEQA review pursuant to CEQA Guidelines Section 15303(d) because it involves the construction of a limited segment of roadway in an urbanized area. The City and Agency (as applicable) have determined based on substantial evidence that there are no substantial changes proposed in the project, no substantial changes have occurred with respect to the circumstances or environmental setting under which the project will be undertaken, and no other significant new information has become available since the time the public notice of availability was issued, which would demonstrate that (i) a new significant • environmental impact would result from the project or from a new mitigation measure to be implemented; (ii) a substantial increase in the severity of an environmental impact would result unless mitigation measures are adopted that reduce the impact to a level of insignificance; (iii) a feasible project alternative or mitigation measure considerably different from others previously analyzed would clearly lessen the environmental impacts of the project; or (iv) the Negative Declaration was so fundamentally and basically inadequate and conclusory in nature that meaningful public review and comment were precluded. Therefore, no further CEQA evaluation or recirculation of the Negative Declaration is required for approval of this Agreement pursuant to Public Resources Code section 21166 and CEQA Guidelines Sections 15088.5 and 15162. WHEREAS, the Staff Report accompanying this Resolution, the Redevelopment Plan, and the Implementation Plan provide additional information upon which the findings and actions set forth in this Resolution are based; WHEREAS, the expenditure of tax increment funds for the projects identified in the Agreement will be of benefit to the Project Area by facilitating the elimination of blight; WHEREAS, the expenditure of tax increment funds for the improvements is consistent with the Implementation Plan adopted by the Agency pursuant to Health and Safety Code Section 33490, in that they will further the goals and objectives of the Redevelopment Plan, RESOLUTION NO. 201 1 -005 RDA 2