HomeMy WebLinkAboutResolutions - No. RDA2008-05RESOLUTION NO. RDA2008-05
A RESOLUTION OF THE REDEVELOPMENTAGENCY OF THE CITY OF
LODI APPROVING AND CERTIFYING THE FINAL ENVIRONMENTAL IMPACT
REPORT FOR THE REDEVELOPMENT PLAN FOR THE LODI COMMUNITY
IMPROVEMENT PROJECT
WHEREAS, the RedevelopmentAgency of the City of Lodi (the "Agency") has initiated a
Redevelopment Plan for the Lodi Community Improvement Project (the "Redevelopment Plan");
and
WHEREAS, the Planning Commission of the City of Lodi has approved and forwarded
to the Agency and the City of Lodi its report that the proposed Redevelopment Plan is in
conformity with the General Plan of the City of Lodi and has recommended approval of said
Redevelopment Plan; and
WHEREAS, a Draft Environmental Impact Report (the "Draft EIR") was prepared for the
Redevelopment Plan pursuant to and in accordance with the California Environmental Quality
Act (Public Resources Code Section 21000, et seq_) ("CEQA) and the Guidelines for
Implementation of the California Environmental Quality Act (Title 14, California Code of
Regulations Sections 15000, et seq.) (the "CEQA Guidelines"); and
WHEREAS, the Draft EIR was sent to the City of Lodi Planning Commission (the
"Commission"), and the Commission held a public meeting to receive public input on the
adequacy of the Draft Environmental Impact Report; and
WHEREAS, all actions required to be taken by applicable law related to the preparation,
circulation, and review of the Draft EIR have been taken; and
WHEREAS, pursuant to public notice duly given, the City Council of the City of Lodi (the
"City Council") and the Agency held a full and fair public hearing on the proposed
Redevelopment Plan and Final Environmental Impact Report ("Final ER") on May 28, 2008;
and
WHEREAS, the Agency is the lead agency for the Redevelopment Plan under CEQA;
and
WHEREAS, the Agency has reviewed and considered the Final EIR and the mitigation
monitoring program included therein with respect to the Redevelopment Plan (the "Mitigation
Monitoring Program"), including all comments and responses thereto; and
WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.
NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF LODI
DOES HEREBY RESOLVE:
SECTION 1. The Final EIR has been completed in compliance with CEQA and the
CEQA Guidelines, as well as the local CEQA guidelines.
SECTION 2. The Agency hereby certifies that a full and fair public hearing has been
held on the Final EIR, including all comments received thereon and responses thereto, which
comments and responses are included in the Final EIR; the Agency as the lead agency has
reviewed and considered the Final EIR and the information contained therein prior to deciding
whether to approve the proposed Redevelopment Plan, including all comments received
thereon and responses thereto; and the Agency finds that the Final EIR reflects the
independent judgment of the Agency. These actions having been taken, the Final EIR is
hereby approved and certified by the Agency.
SECTION 3. The Agency hereby makes and adopts the following findings of fact as
set forth in the Final EIR:
Environmental impacts of the Redevelopment Plan will be less than significant without
mitigation for aesthetics, agricultural resources, biological resources, cultural resources,
geology/soils, hazards and hazardous materials, hydrology/water quality, land use/planning,
mineral resources, noise, population/housing, public services, recreation, traffic and utilities.
Certain environmental impacts related to the Redevelopment Plan are potentially
significantly adverse, but will be mitigated to less than significant level by conditions imposed
upon the Redevelopment Plan in the area of air quality and cultural resources. Such impacts
and mitigations are identified in Sections 4.4 Air Quality and 4.7 Cultural Resources of the Draft
EIR portion of the Final EIR.
All feasible mitigation measures, which are within the jurisdiction of the Redevelopment
Agency of the City of Lodi as identified in the Final Environmental Impact Report, have been
incorporated into the project and represent the fullest extent to which the project -related
impacts can be reasonably avoided and/or substantially lessened.
SECTION 4. The Agency hereby adopts the Mitigation Monitoring Program set forth in
the Final EIR, which is hereby incorporated herein by reference, and finds that the mitigation
measures and Mitigation Monitoring Program set forth in the Final EIR will eliminate, mitigate,
avoid, or reduce to a level of significance, all potentially significant environmental effects of the
Redevelopment Plan. The Agency hereby requires that such mitigation measures and the
Mitigation Monitoring Program shall be implemented in connection with, and are hereby made a
part of, the Redevelopment Plan.
SECTION 5. The Agency finds that the project alternatives identified in the Final EIR,
including the No Project alternative and the Reduced Project Area alternative, either would not
reduce environmental impacts, or would not achieve the primary objectives of the
Redevelopment Plan, and such alternatives are therefore infeasible, and the proposed
Redevelopment Plan is the environmentally superior alternative.
SECTION 6. The Agency shall make available the Final EIR and other related
materials which constitute the record of the proceedings upon which its decision is based at the
Lodi City Hall, 221 W. Pine Street, in the City of Lodi, California.
SECTION 7. Based on the Initial Study and the entire record before the Agency, the
Agency declares that there is no evidence before it that the Redevelopment Plan has any
potential for an adverse effect on wildlife resources or habitats and has rebutted the
presumption of adverse effects set forth in Title 14, California Code of Regulations, Section
753.5(d).
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SECTION 8. The findings made in this Resolution are based upon the information and
evidence set forth in the Final EIR and upon other substantial evidence in the record of the
proceedings on the Redevelopment Plan and the Final EIR, which include, among other things,
the City of Lodi General Plan and the City of Lodi zoning regulations. The documents, staff
reports, plans, specifications, technical studies, and other relevant materials, including, without
limitation, the Final EIR, that constitute the record of proceedings on which this Resolution is
based are on file and available for public examination during normal business hours in the
Agency offices, 221 W. Pine Street, Lodi, California. The custodian of said records is the
Secretary of the Agency.
SECTION 9. Upon approval of the Plan by the City, the Agency Secretary shall cause
a Notice of Determination to be filed forthwith in the Office of the County Clerk of the County of
San Joaquin and the State Clearinghouse pursuant to CEQA Guidelines Section 15094.
SECTION 10. That the Chairman shall sign this resolution and the Secretary shall attest
and certify to the passage and adoption thereof.
Dated: June 18,2008
I hereby certify that Resolution No. RDA2008-05 was passed and adopted by the
Members of the Redevelopment Agency of the City of Lodi in a regular meeting held June 18,
2008, by the following vote:
AYES: MEMBERS — Hansen, Johnson, and Katzakian
NOES: MEMBERS— Chairperson Mounce
ABSENT: MEMBERS — None
ABSTAIN: MEMBERS — Hitchcock
NIFERLWL PERRIN
Deputy Secretary
RDA2008-05
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