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Home My WebLink AboutResolutions 88-307 N.C.S. 09/06/1988_ ~ EP 6 19~~ p}~j~~ ~ ~A - • ~ 4 Resolution No. 88-307 N.C.S. of the City of Petaluma, California RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PETALUMA, CALIFORNIA, SETTING A JOINT PUBLIC HEARING WITH THE PETALUMA COMMUNITY DEVELOPMENT COMMISSION IN CONNECTION WITH THE REVIEW AND APPROVAL OF THAT CERTAIN DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE COMMISSION AND HENRY C. HANSEL AND MARILYN J. HANSEL, HUSBAND AND WIFE, AND STEPHEN E. HANSEL AND CAROL HANSEL, HUSBAND AND WIFE (PETALUMA COMMUNITY DEVELOPMENT PROJECT AREA) WHEREAS, the Redevelopment Plan for the Petaluma Community Development Project (the "Redevelopment Plan") was approved and adopted by the City Council of the City of Petaluma (the "City Council") by Ordinance No. 1725 N.C.S., dated July 18, 1988; and WHEREAS, the Petaluma Community Development Commission (the "Commission") and Henry C. Hansel and Marilyn J. Hansel, husband and wife, and Stephen E. Hansel and Carol Hansel, husband and wife (collectively, the "Redeveloper") desire to enter into a certain Disposition and Development Agreement (the "Agreement") which provides, among other matters, for the purchase by the Redeveloper from the Commission of a portion of the Hansel Site (which is located in the area subject to the Redevelopment Plan and is further described in the Agreement as the "Disposition Parcel") and construction by the Redeveloper on the Hansel Site, which consists of approximately five hundred thirty-five thousand seven hundred eighty-eight (535,788) square feet (subject to changes caused by a later survey), of building, parking and landscaping area for -the development of a commercial retail automobile center; and - Page 1 of 3 - HAS. N~........8.8-.3.O.Z..... n~.cs. WHEREAS, prior to the Commission's approval of the Agreement, the Commission must conduct a public hearing pursuant to California Health and Safety Code Section 33431; and WHEREAS, prior to the Commission's approval of the Agreement, the City Council must conduct a public hearing pursuant to California Health and Safety Code Section 33433; and WHEREAS, the City Council may request a joint public hearing with the Commission for the foregoing purposes; and WHEREAS, it is reasonable and appropriate for the City Council and the Commission to schedule a joint public hearing for the review and consideration of the Agreement by and between the Commission and the Redeveloper. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF PETALUMA, CALIFORNIA, AS FOLLOWS: Section 1. The City Council hereby requests the Commission to conduct a joint public hearing with the City Council in connection with the review and consideration of the Agreement. - Page 2 of 3 - Reso. 88-307 NCS Section 2. The City Council hereby sets a joint public hearing for the review and consideration of the Agreement as follows: Time: 7:00 P.M. Date: September 19, 1988 Place: City Council Chambers City Hall 11 English Street Petaluma, California 94953-0061 Section 3. The City Council hereby ratifies and approves the publication of the notice of said joint public hearing by the City Clerk and the Commission Secretary attached hereto as Exhibit "A" and incorporated herein by this reference. Section 4. This Resolution shall take effect upon adoption. PET00004-13/0317P 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 Approved as to Council of the City of Petaluma at a (Regular) (9~jffitX~tal) meeting 1~form on the ....6.1.1 .............. day of ........................~s:g.~~mmlz~z............, 19.8.$..., by the following vote: i .. ----•--r •---•-•--•--• ............... ~\ ty Attorney AYES: Cavanagh, Tencer, Sobel, Woolsey, Balshaw, Vice Mayor Davis, Mayos H}~lligoss NOES: 0 ~ ABSENT: ATTEST : .. .. .... ..................................."'...'~Ca9~-- 3---of - •-- -t_.. ... _..~...:.._... City Clerk Mayor Council File .................................... CA 10-85 ~ Res. No. .......8.$c.3.Q]..... N.C.S. " ~ PSTO0004-10/03`l'4P/'nb" _. " - ~ . ~ _ _ 08/2;6/8;8' 043'0.. ~" , I . . NOTItiCE OF' JOINT PUBLhC HEARING' OF~ `THE.: ._. CITY COUNCLL OF THE CITY DE PETALUMA;, CAh"IFORNIA '• ~ - AND THE PETALUMA COMMUNITY. DEVELOPMENT COMMISS;I,ON - • ~; , .- PURSUANT TO 'HE_ALTH AND ~SA"FETY CODE. ~: • SECTh.ONS 33431 AND .33`433, REG'ARD.I-NG THE APPROVAL ~OF A CERTAIN 'DISPOSITION AND . DEVELOPMENT AGR"EEMENT BY .AND' BETWEEN. THE.COMMISSION'AND HENRY~C,.. HANSEL AND MAR I LYN J . HANSEL,, HUSBAND 'AND WIFE , AND STEPHEN E'.'HANSEL AND CAROL.HANSEL, HUSBAND AND WIFE, AND TO-ADOPT A MITIGATED NEGATIVE DECLARAT`I'ON :RELATIVE THERETO (`PETALUMA:COMMUN'.ITY DEVELOPMENT PROJECT AREA). ". PLEASE TAKE'. ..NOTICE that the Petaluma Community Development _ • Cocrimission (the "Commis'"ion") and the C;ay C_ounc,l of the City of Petaluma, Cal.forn-i<a (t-tie "City Counc`il'') will conduct a joint public -hea:rng of the- Commission and the City Council at 7:00 p.m. on September 1:9; 19"8~8, in City Counc- Ch!,amber`s at~ C;ity Ha11, 11 English Street, Petaluma, California 949;5.3-006'1. At the joint public hea:ring~,: the . Commission and the City Council shall receive " evidence and. te~s.timony and consider: (a')~ the approval of a certain Dispo.s~itori and' Deve.lo,pment. Agreement- (the -"'Agreement") by and " between, t`he Commis ion and Henry C, Hansel sand; MB~rilyn J. Hansel, husband -and wife and Stephen E . Hansea and Caro 1- . Hansel , husb"a~nd a'nd wife (colLsctively, the.. "Rede.veLoper'°) (,.b,} the adoption of a' ." Mitigated N'egativ,e Dec;larat'on relative thereto, pursuant to t`he Calif'o~rnia En"~ir:onmental. Quality Act; and ('c) any and al;l other actions related to he: A.g,reement . - NOTICE I,S FURTH_ER GIVEN that" . any . and -a 11 persons ar'e ` na'it"ed to a;ppea°:r be;~fore t'he Commission and the City Counc,l and "- p"r.esent, .evidence or est.imo,ny concerning the" f.o:rego~i,ng matters . at the: time;, date and -place set forth herein.. ~. ,.. The.,jont public he'arin'g will be, conducted pursiiana t:o,. the provisions o,f, H:e'alfh and .:Safety Code Sectons.~3.3431 and 33~433~: • Among other ma~t,ters,. 'the Agreement concerns the - proposed s;a'1e by t`he "Comm:ss.i~on tq the 'Red`eve,loper of tYiat certain real" p.ropert"y genet°ally~ located• west of •CO"ro:na Road, north, of :Indus-trial Avenue, - • ea"s-t of PethaTUm'a, Bou,leva°rd North., and south. of the U.S. 101 Highway, moxe specif..call:y descr.~bed in the Agreement and constituting:. a portion. of the "H;ans;el Sife." The Hansrel Site is located within the Redevel~opmen't Plan for the Peta uma Corninunity Dev-elopment Project (tYe "R'edevea-o:pment 'Plan."), The Hansel ;S=ite hall be acquired' and. imp~r:oved by the: Redeveloper for the• development of a commercial - reta 1, •automobi 1e cen~te'r . " ~~~ Page • 1 of 3 TYi"e Commis'sio,n aride the City ~Counc;l: duly considered and cent°ified an Engronmental Impact Report..f.or.the,.Redevelopment Plan. on July .18`, .19:8'8 (the "EI`R':) . Eo.r . purpo es o;f. considering the approval~of the Agreement; the Commission. and t'he City Council intend to rely upon the EIR, as a. ":Pr,ogram EIR" since the proposed development. of the Hansel Sit;e,as further desc-gibed in the Agreement is within the scope of. the Redevelopment Plan and the EIR, and. the. EIR adequately describes: the' pro.pose'd ~de.ve`lo,pmen,t o~f tYie Hansel Site for purpo es of comph:ance~with the 'California .Environme'ntal Quality Act, Public Resources Code -Section 2100Q, e-t seq.. In addition, an Lnitial Study and Mit"gated Negative Declaration have been prepared by the City Co:unci and Commission .Sta;ff in connection with the proposed project. The Commission and the City Council will rely upon the EIR for purposes of considering ~resolu ions approving the Agreement.. In addition,, the City Council and t;he Commission will consider the approval and adoption o;f the Mitigated Negative Declaration following the public hearing. A Summary Report setting forth certain details of the proposed Agreement ha been prepared pursuant to the requirements of Sect-ion 334;33 of the'-Health and Safety Code. Copies of the proposed Agreement and the Summary Report are on file and' are available for inspection and copying at a cost. not to exceed the cost of duplicat`i.on,•.during normal business hours at the Office of the Commission. Secretary at, Petaluma City Hall, located at 11 English Street, Petaluma,~California.- NOTICE GIVEN this day of August, 1988. (SEAL) City Clerk of the City of _ Petaluma, California ,- (SE.AL) Secretary of the Petaluma Community Development Commission EXHIBBT A Page 3 of 3~