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HomeMy WebLinkAboutRESOLUTIONS - 05202008 - D.2 RESOLUTION NO. 13-2008 A Resolution of the Planning Commission of the County of Contra Costa, State of California, recommending to the Board of Supervisors and the Redevelopment Agency of the County of Contra Costa adoption of California Environmental Quality Act ("CEQA") Findings and adoption of the Sixth Amendment to the Redevelopment Plan for the Bay Point Redevelopment Project (formerly known as the "West Pittsburg" Redevelopment Project), and making various findings in connection with such recommendations. The Contra Costa County Planning Commission RESOLVES THAT: The Redevelopment Agency of the County of Contra Costa (the "Agency") has submitted to the Contra Costa County Planning Commission (the "Planning Commission") the proposed Sixth Amendment to the Redevelopment Plan for the Bay Point Redevelopment Project (formerly known as the "West Pittsburg" Redevelopment Project) (the "Plan Amendment"); and Part V of the Redevelopment Plan incorporates the General Plan land uses, land use standards, development criteria, goals and objectives into the Redevelopment Plan; and The effects on the environment caused by implementation of the Plan Amendment are covered by the Negative Declaration; and Sections 33346, 33354.6(a), and 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 Contra Costa County Board of Supervisors (the 'Board"), including a determination whether the Plan Amendment conforms to the General Plan of the Contra Costa County (the "General Plan"); and 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 purposes, 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 conformity with said adopted general plan or part thereof..." "(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 320\24\546614.1 1 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 The above required Planning Commission report and recommendation, including matters referred to in Health and Safety Code Sections 33346, 33354.6(a) and 33453 and Government Code Section 65402, are to be made to the Agency and the Board within thirty days of the Planning Commission's receipt of the Plan Amendment, for their consideration in acting on the adoption of the Plan Amendment; and The Planning Commission has reviewed the Contra Costa County General Plan, the proposed Plan Amendment, the Negative Declaration, and the staff report accompanying this Resolution pursuant to the California Environmental Quality Act, and the Report to the Board on the proposed Plan Amendment; and Part V. of the Redevelopment Plan incorporates the County's General Plan land uses and land use standards into the Redevelopment Plan, and the Plan Amendment would facilitate redevelopment of the Bay Point Redevelopment Project in a manner consistent with the General Plan. NOW THEREFORE, THE PLANNING COMMISSION OF THE COUNTY OF CONTRA COSTA DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Findings. The Planning Commission hereby finds and determines that: (a) All required public notices have been given in connection with the actions set forth in this Resolution. (b) The proposed Negative Declaration is adequate for the purposes of compliance with the California Environmental Quality Act and recommends that the Board of Supervisors adopt same. (c) Pursuant to Sections 33346, 33354.6(a), and 33453 of the Community Redevelopment Law, the proposed Plan Amendment conforms to the General Plan. (d) Pursuant to Section 65402 of the Government Code, with respect to public activities which may be undertaken pursuant to the Plan Amendment, and that are referred to in Section 65402, such activities and undertakings conform to the General Plan. Section 2. Report and Recommendation. The Planning Commission recommends to the Board of Supervisors the approval and adoption of the Plan Amendment and in the event that prior to its adoption of the Plan Amendment, the Board desires to make any minor, technical, or clarifying changes to the Plan Amendment, the Planning Commission hereby finds and 320\24\546614.1 2 determines that any such minor, technical, or clarifying changes need not be referred to it for further report and recommendation, and hereby waives its report and recommendation under Section 33455 of the Community Redevelopment Law concerning any such change; and Section 3. Transmittal. The Planning Commission's Secretary shall transmit a copy of this Resolution to the Agency and the Board for consideration as part of the Agency's Report to the Board pursuant to Section 33352 of the Community Redevelopment Law, and this Resolution shall be deemed the report and recommendation of the Planning Commission concerning the proposed Plan Amendment and contemplated public projects and activities thereunder, as required by applicable provisions of law. The instructions by the County Planning Commission to prepare this resolution were given by motion of the County Planning Commission on Tuesday, April 22, 2008, by the following vote: AYES: Commissioners Wong, Terrell, and Snyder NOES: Commissioner Murray ABSTAIN: None ABSENT: Commissioners Battaglia, Clark and Gaddis BE IT FURTHER RESOLVED that the Secretary of the County Planning Commission shall respectively sign and attest the certified copy of this resolution and deliver the same to the Board of Supervisors all in accordance with the Planning Laws of the State of California. Michael Murray, Chair County Planning Commission County of Contra Costa State of California ATTEST: ��-- Dennis M. Barry, Secretary County Planning Commission County of Contra Costa State of California 320\24\546614.1 3