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PC Res 3536RESOLUTION NO. 3536 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING ADOPTION OF THE PROPOSED AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE CENTRAL CAMPBELL REDEVELOPMENT PROJECT WHEREAS, the Redevelopment Agency of the City of Campbell (the "Agency") has submitted to the Planning Commission of the City of Campbell (the "Planning Commission") a proposed amendment (the "Plan Amendment") to the Redevelopment Plan for the Central Campbell Redevelopment Project (the "Redevelopment Plan"); and WHEREAS, Section VI et. seq. of the Redevelopment Plan incorporates the City's General Plan land uses and land use standards into the Redevelopment Plan, and the Plan Amendment would facilitate redevelopment of the Central Campbell Redevelopment Project in a manner consistent with the General Plan; and WHEREAS, Section 33453 of 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 Campbell (the "City Council")including a determination whether the Plan Amendment conforms to the General Plan of the City of Campbell (the "General Plan"), 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 be 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 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, not 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 Planning Commission Resolution 3536 Recommending Adoption of the Proposed Amendment to the Redevelopment Plan for the Central Campbell Redevelopment Project Page 2 WHEREAS, the Planning Commission has reviewed the City of Campbell General Plan, the proposed Plan Amendment, the Negative Declaration dated December 4, 2003, prepared for the proposed Plan Amendment pursuant to the California Environmental Quality Act, the Report on the Plan Amendment, and the staff report accompanying this Resolution. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS the Planning Commission finds that the proposed Negative Declaration is adequate for the purposes of compliance with the California Environmental Quality Act and recommends that the City Council adopt same: BE IT FURTHER RESOLVED THAT pursuant to Section 33346 of the Community Redevelopment Law, the Redevelopment Plan as amended by the proposed Plan Amendment conforms to the General Plan. BE IT FURTHER RESOLVED THAT 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; BE IT FURTHER RESOLVED THAT 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 and recommendation, and Redevelopment Law concerning and such change; and BE IT FURTHER RESOLVED THAT 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. PASSED AND ADOPTED this 27th day of January, 2004, by the following roll call vote: AYES: Commissioners: Alderete, Doofley, Francois, Gibbons, Hernandez, Rocha and Roseberry NOES: Commissioners: None ABSENT: Commissioners: None ABSTAIN: Commissioners: None APPROVED: Sharon Fierro, Secretary ATTEST: George Doorley, Cha, r kx,.,~.i3..3