HomeMy WebLinkAboutPCDC Resolution 2003-09 08/18/2003
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RESOLUTION 2003-09
PETALUMA COMMUNITY DEVELOPMENT COMMISSION
A RESOLUTION OF THE CITY OF PETALUMA COMMUNITY
DEVELOPMENT COMMISSION ADOPTING A MITIGATED NEGATIVE
.DECLARATION FOR THE PETALUMA THEATER DISTRICT PROJECT,
ADOPTING THE FINDINGS RECOMMENDED BY THE PLANNING
COMMISSION REGARDING THE MITIGATED NEGATIVE DECLARATION,
AND APPROVING AN OWNER PARTICIPATION AGREEMENT WITH BASIN
STREET PROPERTIES.
WHEREAS, after due notice the Petaluma Planning Commission did conduct a public
hearing on July 8, 2003 on the application for a development agreement by Basin Street
Properties; and,
WHEREAS, the Petaluma Community Development Commission, after due notice, did
conduct a public meeting on this matter on July 14, 2003, wherein a 11 persons desiring to be
heard were heard; and,
WHEREAS, the Petaluma Community Development Commission has reviewed and
considered the attached agreement and determined the contents of the agreement and the actions
of the Planning Commission to be complete and correct; and,
WHEREAS, the attached agreement is in the public interest and is consistent with the
Petaluma General Plan, the Central Petaluma Specific Plan, the Central Business District
Redevelopment Plan, and is in compliance with Article 19.3 of the Petaluma Zoning Ordinance;
and,
WHEREAS, the Petaluma Community Development Commission finds and determines
that facts stated above to be true and that an environmental review has been conducted for the
project resulting in a Mitigated. Negative Declaration, approved by the Petaluma City Council;
and,
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WHEREAS, an Initial Study was prepared for the Theater District Project proposal and
demonstrated that there is no substantial evidence that supports a fair argument that the project,
as conditioned, would have a significant effect on the environment; and,
WHEREAS, based on the Initial Study, potential impacts resulting from the project have
been i dentified. M itigation m easures h ave b een proposed a nd a greed t o by t he applicant a s a
condition of project approval that will reduce impacts to less than significant. In addition, there
is no substantial evidence that supports a fair argument that the project, as conditioned and
mitigate, would have a significant effect on the environment; and,
WHEREAS, the project is not located on a site listed on any Hazardous Waste Site List
compiled by the State pursuant to Section 65962.5 of the California Government Code, and,
WHEREAS, the Petaluma Community Development Commission further finds, with
respect to the attached agreement:
® It is compatible with the land uses authorized in, and the regulations prescribed for,
the zone in which the real property is located.
® It will not be detrimental to the public health, safety and general welfare.
® It will promote the orderly development of property or the preservation of property
values in accordance with good land use practice.
® It will eliminate blight in the Central Business District Redevelopment Project Area.
® It will substantially benefit the Central Business District Redevelopment Project
Area, increasing property tax increment and property values, enhancing the economic
vitality of the area and creating a vibrant 24-hour use of the downtown core.
e Without. a development agreement and a companion owner participation agreement
with the Petaluma Community Development Commission, the project would be
financially infeasible; and
WHEREAS, the Planning Commission, City Council, and PCDC have reviewed the
Initial Study and considered public comments before final deliberations on the project; and,
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WHEREAS, a Mitigation Monitoring Program has been prepared to ensure compliance
with the adopted mitigation measures; and,
WHEREAS, the record of proceedings o f the decision on the project is available for
public review at the City of Petaluma Planning Division, City Hall, 11 English Street, Petaluma,
California, and,
WHEREAS, the C ity Council finds on the basis of the whole record that there is no
substantial evidence the project will have a significant effect on the environment and the
Mitigated Negative Declaration reflects the lead agency's independent judgment.
NOW, THEREFORE, BE IT RESOLVED. by the Petaluma Community Development
Commission hereby:
1. Adopts the Mitigated Negative Declaration, with the findings recommended by the
Planning Commission regarding the Mitigated Negative Declaration; and,
2. Approves an Owner Participation Agreement with Basin Street Properties as provided
in Exhibit I.
Commissioner Aye No Absent Recused
Glass X
Canevaro X
Harris X
Healy X _
Moynihan - X -
O'Brien X
Torliatt X
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`David lass, Chairperson -
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.ATTEST: S TO RM:
Gayle Peterse~ Recording Secretary
Ric rd dnansky
General Counsel
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