RESOLUTION NO. ____
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SUNNYVALE RECOMMENDING ADOPTION OF THE PROPOSED AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE CENTRAL CORE REDEVELOPMENT PROJECT
WHEREAS, the Redevelopment Agency of the City of Sunnyvale has submitted to the Planning Commission of the City of Sunnyvale a proposed Amendment (the "Plan Amendment") to the Redevelopment Plan for the Central Core Redevelopment Project; and
WHEREAS, the City has previously prepared a Program Environmental Impact Report (“the Program EIR”) pursuant to the California Environmental Quality Act (“CEQA”) to consider and analyze the environmental impacts related to adoption of amendments to the Land Use and Transportation Element of the General Plan, the Downtown Specific Plan and the Zoning Code. The Program EIR was certified by the Council at its June 17, 2003 meeting (Resolution No. 123-03), where Council found that it presented an adequate and extensive assessment of the environmental impacts of the Project, and adopted a statement of overriding considerations related to certain impacts on traffic and air quality, and adopted a mitigation monitoring program; and
WHEREAS, Plan Amendment incorporates the City's General Plan land uses and land use standards, as recently amended, into the Redevelopment Plan, and the Plan Amendment would facilitate redevelopment of the Central Core Redevelopment Project in a manner consistent with the General Plan, as amended; and
WHEREAS, Section 33453 of the Community Redevelopment Law (Health and Safety Code, Section 33000 et. seq.) provides that the Planning Commission is to review the proposed Plan Amendment and make its report and recommendation thereon to the Agency and the City Council of the City of Sunnyvale, including a determination whether the Plan Amendment conforms to the General Plan of the City of Sunnyvale; and
WHEREAS, Section 65402 of the Government Code provides in part: "(a) If a general plan or part thereof has been adopted, no real property shall be acquired by dedication or otherwise for street, square, park or other public purposed, and no real property shall be disposed of, no street shall be vacated or abandoned, and no public building or structure shall be constructed or authorized, if the adopted general plan or part thereof applies thereto, until the location, purpose and extent of such acquisition or disposition, such street vacation or abandonment, or such public building, or structure have been submitted to and reported upon by the planning agency as to the conformity with said adopted general plan or part thereof . . . "; and
WHEREAS, Section 65402 of the Government Code provides in part: "(c) A local agency shall not acquire real property for any of the purposes specified in paragraph (a) nor dispose of any real property, nor construct or authorize a public building or structure, in any county or city, if such county or city has adopted a general plan or part thereof and such general plan or part thereof is applicable thereto, until the location, purpose and extent of such acquisition, disposition, or such public building or structure have been submitted to and reported upon by the planning agency having jurisdiction, as to conformity with said adopted general plan or part thereof . . . "; and
WHEREAS, the Planning Commission's report and recommendation, including matters referred to in Section 65402 of the Government Code, are to be made to the Agency and the City Council for their consideration in acting on the adoption of the Plan Amendment; and
WHEREAS, the Planning Commission has reviewed the City of Sunnyvale General Plan, as amended, and the proposed Plan Amendment, the Program EIR, and the staff report accompanying this Resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SUNNYVALE THAT:
1. The Planning Commission finds that the proposed Plan Amendment is a component of and is consistent with the project analyzed in the Program EIR, therefore, no additional review is required and that the Plan Amendment is subject to the Mitigation Monitoring Program adopted by the Council for the Program EIR.
2. Pursuant to Section 33346 of the Community Redevelopment Law, the Redevelopment Plan as amended by the proposed Plan Amendment conforms to the General Plan;
3. Pursuant to Section 65402 of the Government Code, acquisition of property by the Agency, if any, pursuant to the Redevelopment Plan, as amended by the proposed Plan Amendment, conforms to the General Plan;
4. The Planning Commission recommends to the City Council approval and adoption of the Plan Amendment and in the event that prior to its adoption, the City Council desires to make any minor, technical, or clarifying changes to the Plan Amendment, the Planning Commission hereby finds and determines that any such minor, technical, or clarifying changes need not be referred to it for further review and recommendation, and hereby waives its report and recommendation under Section 33455 of the Community Redevelopment Law concerning and such change; and
5. The Planning Commission deems this Resolution to be the report and recommendation of the Planning Commission concerning the proposed Plan Amendment and contemplated public projects and activities under the Redevelopment Plan, as amended by the proposed Plan Amendment, as required under Section 33453 of the Community Redevelopment Law.
Adopted by the Planning Commission at a regular meeting held on November 24, 2003, by the following vote:
AYES:
NOES:
ABSENT:
ATTEST: APPROVED:
City Clerk
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Chair