HomeMy WebLinkAbout86-03 030486
PLANNING COMMISSION RESOLUTION NO. 86-3
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF DANVILLE MAKING ITS REPORT AND RECOmmENDATIONS
ON ADOPTION OF THE PROPOSED REDEVELOPMENT PLAN
FOR THE DOWNTOWN REDEVELOPMENT PROJECT
WHEREAS, the Community Development Agency of the City of
Danville (the "Agency") submitted to the Planning Commission of
the citY of Danville (the "Planning Commission") a proposed
Redevelopment Plan (the "Redevelopment Plan") for the Dowatown
Redevelopment Project (the "Project"); and
WHEREAS, by Resolution Nos. 85-5 and 85-6 on September 9,
1985, the Planning Commission formulated and adopted the
Preliminary Plan for the Project; and
WHEREAS, the proposed Redevelopment Plan authorizes the
Agency to acquire land for, and install or construct (or cause
the installation or construction of) certain designated public
improvements and public utilities either within or without the
Project Area, subject to the limitations contained in said
Redevelopment Plan; and
WHEREAS, Section 33346 of the Community Redevelopment Law
(Health and Safety Code Section 33000 et seq.) provides that the
Planning CommisSion is to review the proposed Redevelopment Plan
and make its report and recommendation concerning the Redevelopment
Plan and its conformity to the General Plan of the City of
Danville thereon to the Agency and the City Council, and may
submit their recommendation for or against approval of the
Redevelopment Plan; and
WHEREAS, the General Plan of the City of Danville has been
prepared and adopted in compliance with Planning and Zoning Law
(Government Code Section 65300 et seq.); 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 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...
and
"(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 loca-
tion, 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 .... ;"
WHEREAS, the above-required reports and recommendations,
including matters referred to in Section 33346 of the Health and
Safety Code and.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 Redevelopment Plan; and
WHEREAS, the Planning Commission has considered the-proposed.
Redevelopment Plan and the reports prepared in connection
therewith, including the Draft EIR, the General Plan of the City
and other pertinent reports;
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
DANVILLE DOES RESOLVE AS FOLLOWS:
Section 1. Findings. The Planning Commission hereby finds
and determines that:
(a) Pursuant to Section 33346 of the Community Redevelopment
Law, the proposed Redevelopment Plan for the Downtown Redevelopment
Project conforms to the General Plan of the City of Danville, as
proposed to be amended.
(b) Pursuant to Section 65402 of the Government Code, with
respect to activities which may be undertaken within the Project
Area pursuant to the Redevelopment Plan and that are referred to
in said section, such activities and undertakings conform to the
General Plan of the City of Danville, as proposed to be amended.
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Section 2. Reports and Recommendations.
(a) The Planning Commission hereby reports to the Community
Development Agency of the City of Danville and the City Council
of the City of Danville the findings referred to in Section 1
hereof.
(b) The Planning Commission recommends the technical
corrections, as shown on Exhibit A, attached hereto and
incorporated herein by reference.
(c) The Planning Commission recommends approval and adoption
of the Redevelopment Plan with the technical corrections referred
to in paragraph (b) of this Section 2.
Section 3. Transmittal. The Planning Director shall transmit
a certified copy of this resolution to the Community Development
Agency of the City of Danville and the City Council of the City
of Danville for consideration as part of the Agency's Report to
the City Council pursuant to Section 33352 of the Community
Redevelopment Law, and this resolution shall be deemed the report
and recommendations of the Planning Commission concerning the
proposed Redevelopment Plan and contemplated public projects and
activities thereunder as required by applicable provisions of
law.
PASSED AND ADOPTED this 4th day of March, 1986, by the
following vote:
AYES: Wright, Vilhauer, Greenberg
NOES: Harvey
ABSENT: Hendricks, Wickline
ABSTAIN: Hirsch
ATTEST:
' ' Sec~etaby -
Chairwoman
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EXHIBIT A
TECHNICAL CORRECTIONS TO REDEVELOPMENT PLAN
FOR THE DOWNTOWN REDEVELOPMENT PROJECT
1. Add a new subdivision 3 to Section IV.B. to read as follows:
"3. [§405] Commercial/Residential Uses
The areas shown on the Redevelopment Plan Map
(Attachment No. 3) for commercial/residential uses
shall be used for the commercial and residential uses
permitted and described in the City's General Plan."
2. Renumber Sections 405 to 424 to Sections 406 to 425.
3. Revise the-Redevelopment Plan Map (Attachment No. 3) to
designate the Charlotte Wood School site as "Commercial/Residential."