HomeMy WebLinkAboutResolutions 88-110 N.C.S. 04/04/1988.~
Resolution N®. s8_~1>:o N C.S.
of the City of Petalnn~la, California
RESOLUTION AMENDING RESOLUTIONS NO. 86-141 AND
86-142, WHICH APPROVED THE TENTATIVE SUBDIVISION
MAP FOR THE SOUTH POINT INDUSTRIAL SUBDIVISION
AND PINE CREEK PARCEL MAP
WHEREAS, Resolutions No. 86-141 and 86-142, approving the tentative
subdivision map for the South Point Subdivision and Pinecreek Parcel Map
were adopted by the City Council on June 16, 1986; and
WHEREAS, the project developer has requested that Condition No. 5A
be amended to accommodate the developer's need for an alternate mechanism
for the financing of the public improvements mentioned therein; and
WHEREAS, the Council considered such request at its meeting of April 4,
1988, and has determined that an alternative method of financing is
acceptable.
NOW, THEREFORE, BE IT RESOLVED that the tentative subdivision
map condition 5A as set forth in Resolution No. 86-141 and Parcel Map
Condition 1 which references Resolution 86-141 are hereby amended as
follows
5A. Approval of the final map shall be denied until such time as a
mechanism has been developed and implemented for the widening of
McDowell Blvd. to four lanes with appropriate left turn lanes from
Dynamic Street to Corona Road inclu ding all stor m drain improvements
necessary. Said mechanism shall be deemed implemented by the
conclusion of a protest hearing for the formati on of an Assessment
District.
Reso. 88-110 NCS
Rcs. No . ............. _............... N.C.S.
In the alternative, the final map may be processed for approval if the
developer, as a condition precedent, enters into an agreement with the
City which agreement shall provide as follows:
(1) In the event the Assessment District is formed, Developer
shall be assessed for the differential between the prorata
share of the total assessment cost which would otherwise be
levied on developer's property and the actual cost to
developer of constructing those improvements which
otherwise would have been included within the total
Assessment District levy.
(2) In the event the Assessment District is not formed, the
Developer shall pay to the City the differential between the
prorata share of the Engineer's preliminary cost estimate for
the Assessment District improvements which would otherwise
be levied on the developer's property and the actual cost to
developer of constructing those improvements, which
otherwise would have been included within the total
Assessment District levy. Payment of said costs shall be at
the time of issuance of building permits and shall be
prorated on an equal' basis for each permit.
(3) The funds covered in paragraph. 2 above, shall be placed in
a separate account by City and shall be used in any
subsequent Assessment District formed for the purposes
Reso. 88-110 NCS 2 of 3
covered in Paragraph 5A and shall be credited against the
developer's assessment levy. In the event an Assessment
District is not formed, the funds shall be used for the
ultimate improvement of North McDowell Blvd. , whenever
such improvement shall occur.
The applicant shall provide .funding for preliminary work for
the organization of an Assessment. District, as determined by
the City Engineer. Said funds shall be reimbursable from
the Assessment District if it is formed.
NOW, THEREFORE, be it further resolved that the City Manager is
authorized to sign. Any agreement on behalf of the City which may be
developed as a result of and which is consistent with this Resolution.
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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) (~t~~ (Special) meeting
on the ......4th-----...... day of ...................April--•--..................-..., 19.._88 by the
following vote:
y Attorney
AYES: Sobel, Balshaw, Cavanagh, Davis, Tencer, Bice Mayor Woolsey, I~9ayor i igoss
NU1i:5: L
ABSENT:
ATTEST
CA 10-85
Mayor
File ....................................
Etes. No..... ..... N.C.S.
.,.. 88-11p.......