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Home My WebLink AboutResolutions 88-306 N.C.S. 09/06/1988Resolution No.88-306 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 BENSON INVESTMENTS, INC., A CALIFORNIA CORPORATION (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 Benson Investments, Inc., a California corporation (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 Benson 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 Benson Site, which consists of approximately seven hundred twenty-three thousand ninety-six (723,096) 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 - 88-306 Hes. n;~ ............................... 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. 88-306 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. PET00004-4 0308P This Resolution shall take effect upon adoption.. 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) (A~}~ti>li~:~~1) meeting ~ ~ fO~ .~- on the ...6th ............... day of .............-.....-----Sept-ember...-...-...., 1988.-., by the ._-~ . following vote: ....-~- ]~t--••----------------•--•----- AYES: Cavanagh, Tencer, Sobel, Woolsey, Balshaw, Vice Mayor Davis., T NOES: 0 ABSENT .~--- . ATTES --- .. - --- -- - - g "O f 3 - --------..' . ....................... City Clerk Mayor Council File.Q...4 ............................... CA ]0-85 ~ Res. No........t7.17.-.~Q.~..... N.C.S. ~~.,,ity Attorney lligoss I/ - ~ .. -.. - ' PETOO~b04=3/0~3A6'P/bs ~ ,`. .. 08%26/88 0400. ~ _ . .:. - NOTICE OF JOINT'PUBLI;C:HEARING OF THE • ... CITY' COUNCIL OF THE CITY OF' PETALUMA,; CALIFORN,I•A AND~_..THE'PETAh,UMA.COMMUNI'TY DEVELOPMENT COMMISSION ' PURSUANT.TO.HEALT~H AND~SAFETY CODE - , SECT--TONS 3.34'3'1 AND.33.4;33 _REGARD:LNG 'THE APPROVAL OF A CERTAIN D;I S.POSI T ION. AND DEVELb,PMENT,AGREEMENT.BY.AND BE.TWEE~N TH°E~ COMM~ISS'ION AND BENSON; INVESTMENTS, INC. - ,- AND 'T<0 ADOPT' A MITIGATED :NEGATIVE DECLARATION RELA. TIVE THERETO. (PETALUMA COMMUNITY DEVELOPMENT"PROJ'ECT'AREA):.. PLEASE TAKE NOTICE that the Petalu"ma Comity unity Development Commission. ('the ''Commis's'ion") and the Gt,y Counc l o,f 'the .City of Petaluma,, California (.:the "City Council`') will conduct a join -- public hearing of the Commi~s'sion and the City° .Council at, 7:00 p.rn'. on. September, 19, T9&8, in City Counc:i,1 Cha'mber's at "City Ha.Ll,. 11 En;gl;s'h Street, Petaluma, California 949,5:3-0051. At the joint public hearing, t'he Comriisson and, the City.. Cou-nail shall receive - evdence and testimony a:nd'consder: {a) the approval of a certain Disposi :ion an`d Dev:elo.pmerit Agreement (the "Ag.reement") by. an:d between . the Commission, and Benson Levestment's,, Inc. , a Calif^o.rn;a. corporation (the "Redeveloper"); ,(b) the adoption' of a Mit;:gated Nega ive Declaration ~r<elaaive thereto,,.... pur;suan;t to the G'alforni.a _ ~ , Environmental Qu;al-ty Act,; and (e) any and all 'other actioms related to 'the Agreement. NOTICE IS FURTHER GIVEN that any and .all persons are invited to appear bef'o=re the Commission and' the'- City'. .Council and present. evidence or to ~tmony conce;rn`i~ng the -foregoing matters a't the time, date and place. set. for h herein. ` The joint public hea,rrrg will. be conducted purs,uan to . t_he provisions o;f Health and 5'afety Code' Secaions 33431 and 3'34:33. Among; oth'e'r ;mat.€ers., the Agreement.- concerns the .propo ;ed s~a;1e by tYe ~: CommSss'on to tYie Redevel.o'per of that . cer.t.a;n real property ~. _ genera,Tly located :west of Corona .Road.,, north of IndiStr.a'1 Avenue, ea t of Petaluma, Boulevard North, and s:oitYi .of the U,.~S. 101 H:ig~hway'; mo.r.e s~peci,f`cally described iri the Agreement and constituting. a - ... portion ~ o~f the "`Benso:n. Site. " The Benson Site ~ loca?t:ed within, the Redevelopment- Plan for the Petaluma _ Community' Development Proj'e'ct {the "Redevelopment. Plan,") . The Benson Site s'hal'l be acquired and_ mp~r-oved~ by t`tie Redeveloper for the development of a coinrnercial . re~:ta: ;automobile center. The Comms;son and the City Counc'i1 duly considered a'nd. certified an ..Env=ironmental Iin act Re o-r't .for the Redevelopment Plan P' P on July 18 I98;8'(the "EIR"). For purpo es of. considering the - approval of t°he= Agreement, the- Commission ari~d the City Council ° intend to rely upon the EIR as a "Program EIR" since the proposed .. deve'lopmen of-the Benson Site as further described in the ,Agreement is wi~t~hn ;the scope ~ of the Redevelopment Plan and the EIR, and the EIR. adequately describes the proposed development of the Benson Site. .for purposes; o:f comp]:iance with tYie Cal'iforn°ia Environmental Quality Act, Public Resources Code Section 2:1000, et- seg. In addition, an Initial Study and Mitigated Negative Declaration :heave been prepared by the City Council a°nd Commission .Staff in. connection with the proposed project. The. Commission and, the: City. Council will rely upon the EIR for purposes, of co sider`ng resolutions approving the Agreement. In a;dditiori; t°he City Council and the Commission will consider the approval and adoption of the. Mitigated Negative Declaration following the public hearing;. A Summary Report setting forth certain details of the proposed Agreement has been prepared. pursuant to. the requirements of Section 33433 o:f the Health and Safety Code._ Copie of -the proposed Agreement and the Summary Report are on file and are available for inspection and copying at a cost not ~t~o exceed the cost of duplication, du,ringnor:mal business hours at the Office of the Commission Secretary ,at Pe aluma City Hall, located at Tl English Street, Petaluma, California. NOTICE GIVEN" this day of Atig.u~st., 1988. (SEAL) City Clerk of the City of Petaluma,: California (SEAL) Secretary of the Beta nma Community Developmenf`~ Commission ~ ~~ - 2 - . i -.. ' ~ .. ", - INSTRUCTLONS.•~ REGARDING' P-UBLI;CAT'TQN :OF NOTICE ~QF' -PUBLIC HEARING. 1. Publ,ish;~once pef week in co"nsecutive weeks in •the Arg_us-Courier, '. commenc'ng~ with •ttie,~ first. ;pub,lca°t.on... on; September 5, 19&8, ~ and continu°ng with the second publication' onSeptember 12, 1.988... . - 3 - '~