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HomeMy WebLinkAboutResolution 2001-103 N.C.S. 05/21/2001 lZesolution No. 2001-103 N.C.S. of the City of Petaluma, California CERTIFYING THE ENVIRONMENTAL IMPACT REPORT FOR THE CENTRAL BUSINESS DISTRICT REDEVELOPMENT PLAN AMENDMENT WHEREAS, the Petaluma Community Development Commission (the "PCDC") has prepared a second amendment to the Central Business District Redevelopment Plan (the "Plan" or the "Program") in compliance with the California Community Redevelopment Law (Health and Safety Code Section 33000, et seq.) for adoption by the City Council of the City of Petaluma ("City"); and WHEREAS, pursuant to the California Environmental Quality Act ("CEQA") (Public Resources Code Section 21000 et seq.), the City is the "Lead Agency" as defined byCEQA (Public Resources Code § 21067); and WHEREAS, on January 12, 2001, the City released for public review a Draft Environmental Impact Report on the proposed Plan Amendment pursuant to CEQA Guidelines Section 15168; and WHEREAS, the forty-five day public. review and comment period on the draft EIR began on January 12, 2001, and closed on March 9, 2001, and included the opportunity to give oral continents at a public hearing on the Draft EIR on May 21, 2001, and a Planning Commission meeting on March 27, 2001, and WHEREAS, at the public hearing, Planning Commission meeting and through submitted written comments, the City received comments on the Draft EIR from the public, responsible agencies, other governmental and private organizations, as well as from City staff; and WHEREAS, the City prepared responses to comments on environmental issues received during the public review period and at the public hearings, which responses clarify and amplify the information contained in the Draft EIR, providing good faith reasoned analysis supported by factual information. The comments and responses to comments were published in a Final Environmental Impact Report (the "FEIR") in May 2001, prepared pursuant to Section 21151 of the Public Resources Code; and WHEREAS, pursuant to Section 15090 of the CEQA Guidelines (Title 14, California Code of Regulations, § 15090), the City acting as the Lead Agency must certify that the FEIR (i) has been completed in compliance with CEQA, and (ii) was presented to the decision making body of the Lead Agency and that the decision making body reviewed and considered the information contained in the FEIR prior to approving the Plan; and WHEREAS, pursuant to the public notice duly given, a full and fair joint public hearing has been held on the Plan Amendment and the FEIR, and the City has considered all written and all oral comments and testimony relating thereto and are fully advised thereon. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PETALUMA DOES RESOLVE AS FOLLOWS: Reso. 2001-103 NCS Page 1 Section 1. The City has reviewed and considered the Environmental Impact Report, finds that it reflects the independent judgment of the City as lead agency, and hereby certifies it as complete, adequate and in compliance with CEQA. Under the power and authority conferred upon this Council by the Charter of said City. REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Council of the City of Petaluma at a Regular meeting on May 21, 2001, Approved as to by the following vote: Form City Attorney AYES: O'Brien, Maguire, Moynihan, Vice Mayor Cader-Thompson NOES: None ABSENT: Mayor Thompson ABSTAIN: Healy, To tt ATTEST: Mayor Reso. 2001-103 NCS Page 2 EXHIBIT A RULES OF'THE' PETALUMA COMMUNITY DEVELOPMENT COMMISSION G:OVERNING~PARTICIPATIbN BY IOWNERS IN THE CENTRAL BUSINESS DISTRICT REDEVELOPMENT- PROJECT AREA SECTION 1. GENERAL These Rules are promulgated to implement the provisions of~the Redevelopment Plan for the: • central Business District 'Redevelopment Projeet (thee "Redevelopment. Plan"} regarding participation by owners in the redevelopment of the redevelopment project area of the Central Business District. Redevelopment Project (the "Project Area") in conformity with the • Redevelopment Plan. These Rules set forth the procedures governing such activities. The: Petaluma Community Development Commission (tie "PCDC") desires and urges participation in the growth and development of the Project Area in conformity with the Redevelopment Plan by as many owners as possible. Successors in interest of original ' participant owners .may become participants at any stage with he written approval of the PCDC. SECTIQN 2. PARTICIPATION BI'.OWNERS The Redevelopment Paan authorizes the PCDC to permit, persons who are owners of residential; business and other-•~types of real property in the Project. Area, to be given an opportunity to participate in the redevelopment of the. Project Area by file PCDC. Such participation in "the redevelopment. of the Project Area.. includes, in the appropriate,. circumstances; rehaliltation or • demolition of existing improvements, construction of new development, and acquisition, of property that. is adjacent to the land of a current owner for approved development,. in' accordance with .the ;Redevelopment Plan and the applicable development: and land use standards .of the City ofPetaluma, California (the "City"): However;-these.;Rules shall not be deemed to confer a right or expectation upon any existing property owner within the. Project Area to obtain the- perrrission, authorization or assistance from the PCDC: to participate in the redevelopment within the Project Area: -The PCDC_ expressly reserves the .discretion to evaluate competing. proposals for :redevelopment within. 'the Project Area and; in appropriate circumstances, to withhoTd:.:or .not offer owner participation opportunities .for existing owners. of property in connection with redevelopment proposals'of third parties as approved by the PCDC. Partiepat'ion in an Existing Location In appropriate circumstances, ari owner may participate in the redevelopment of the Project Area by the PCDC in substantially the same~loeation either by retaining' all or portions of.his property and purchasing adjacent property from the PCDC or from other existing owners, An owner who participates in.tfie same location maybe required to. demolish all or part of his existing. structures: In some instances, the PCDC may purchase and demolish such structures. Such parficipatiori shall,be subject. to an evaluation by the PCDC of the economic feasbilty,of such a proposal• and:the benefits which such `a proposal shall confer upon the Project Area. Reso. 2001-103 N.C.S. Page 3