HomeMy WebLinkAboutResolutions 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
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88-306
Res. No . .... . ................. N.C.S
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.
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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
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
Council of the City of Petaluma at a (Regular) meeting
on the ....6 t b. .............. day of ........................ S ep t emb e r............, 19 aa_ by the
following vote:
AYES: Cavanagh, Tencer, Sobel, Woolsey, Balshaw, Vice Mayor Davis, r
NOES: 0
ABSENT
ATTES g o f 3 — ----------- -- -
City Clerk Mayor
Council File.
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CA 10-85 Res. No.........8.8.73.0-6..... N.C.S.
Approved as to
form
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NOTICE OF JO.INT'PUBLIC- HEARING OF THE17
CITY'COUNCI-L OF THE CITY OF PETALUMA,, CALIFORN.IA
AND.THE'PETAL.UMA.COMMUNITY DEVELOPMENT COMMISSION
PURSUANT TO.HEALTH AND'SAFETY'CODE
SECTIONS 33431 AND. '33433
REGARDING 'THE APPROVAL OF'A CERTAIN D,IS.POS:ITION.AND
DEVELQPMENT,AGREEMENT BYAND
BETWEEN THE,COMM,ISS'ION AND BENSON, I-NVESTMENTS, INC.
AND'TO ADOPT A MITIGATED NEGATIVE DECLARATION RELATIVE THERETO
(PETALUMA COMMUNITY DEVELOPMENT'PROJ'ECT'AREA),.
PLEASE TAKE NOTICE that the Petaluma Community Development
Commission. (the "Commia's°ion") and the City Counc,i l ofthe. City of
Petaluma,, California (the "City Council' will conduct a joint
public hearing of the Commission and the City, Council at, 7:00 p.m.
on September, 19, 19H , in City Counc.i:l Chambers at City Hall,.
11 Engli,sh Street, Petaluma, California 9495.3-0061. At the joint
public hearing, the Commission and, the City Council shall receive -
evidence and testimony and consider: -('a) the approval of a certain
Disposition and Development Agreement (the "Agreement") by, and
between. the Commission, and Benson Investments,, Inc., ' a Cal.ifo;rni:a
corporation (the "Redevelope.r"); ,(b) the adoption of a 'Mitigated
Negative Declaration relative thereto, pursuant to the C'ali.f,orni.a_
Envir.onment'al Quality Act,; and (c) any and all other actions related
to the Agreement.
NOTICE IS FURTHER GIVEN that any and all persons are
invited to appear bef'ore the Commission and the, City, Council and
present, evidence or testimony conce.rn"ing the -foregoing matters at
the time, date and place set forth herein.
The -joint public hearing will be conducted pursuant. to.the:
provisions of Hea-lth and Safety Code' Sections 33431 and 33.4.33.'
Among o_th'ex matters., the Agreement concerns the propos,ed sale by the
CommSssion to the Redeveloper of that. certain -real pr.opert-y
generally located. :west of Corona Road,, ='r.th of Industrial Avenue,
east of Petaluma. Boulevard North, and south of the U,.,S. 101 Highway_
more s,peci.f,:ic',11y described in the Agreement and constituting, a
por'tioii of the "Benso.ri Site." The Benson Site is located within .the
Redevelopment- Plan for the Petaluma_Community Development Project
(the "Redevelopment. Plan") . The Benson Site s'hal*l 'be acquired and
improved- by the Redeveloper for the development of a commercial
re=.ta°il ;automobile center.
T
The Commis,s.ion and the City. Council duly considered and.:
certified an .Environmental Impact Report for t-he Redevelopment Plan
P' P
on July 18; 1988'`(the I"EIR"). For purposes of. considering the
approval of the- Agreement, the- Commission and the City Council
intend to rely upon the EIR, as a "Program EIR" since the proposed..
deve'lopment.of the Benson Site as further described in the .Agreement
is within ,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 compliance with the California Environmental Quality
Act, Public Resources Code Section .21000, et seq. In addition, an
Initial Study and Mitigated Negative Declaration have been prepared
by the City Council and Commission Staff in connection with the
proposed project. The. Commission and, the. City. Council will rely
upon the EIR for purposes, of considering resolutions approving the
Agreement. In addition, the 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 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 -t,o exceed the cost of
duplication, 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 Aug::ust,, 19,88.
(SEAL)
City Clerk of the City of
Petaluma; California
(SEAL)
Secretary of the Petaluma Community
Developmen'. Commission
FYP I P MA
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INSTRUCTI,ONS,% REGARDING P-UBLI.CATION .OF NOTICE -OF .PUBLIC HEARING
1. Publ,ish; once per week in consecutive weeks in -the Argus-Courier,
commencing' with the," first. pub,lica°t. on:_ on- September 5, 1988, and
continuin-.g with the second publication on September 12, 1988.
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