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Home My WebLink AboutPCDC Resolution 88-7 09/06/1988 PET00004-4/0307P/sm 08/29/8.8 0400 RESOLUTION NO. 88-7 RESOLUTION OF THE PETALUMA COMMUNITY DEVELOPMENT COMMISSION SETTING A JOINT PUBLIC HEARING WITH THE CITY COUNCIL OF THE CITY OF PETALUMA, CALIFORNIA, 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 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 Commission may request a joint public hearing with the City Council for the foregoing purposes; and WHEREAS, it is reasonable and appropriate for the Commission and the City Council 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 PETALUMA COMMUNITY DEVELOPMENT COMMISSION AS FOLLOWS: ~~~~Q - Page 1 of 2 - t~°~ DIY." }1 PCDC 88-7 Section 1. The Commission hereby requests the City Council to conduct a joint public hearing with the Commission in connection with the review and consideration of the Agreement. Section 2. The Commission 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 Commission hereby ratifies and approves the publication of the notice of said joint public hearing by the Commission Secretary and the City Clerk attached hereto as Exhibit "A" and incorporated herein by this reference. Section 4. Effective Date. This Resolution shall take effect upon adoption. PASSED AND ADOPTED at a regular meeting of the Petaluma Community Development Commission held on September 6 1988, by the following vote: Commissioner AYE NQ ABSENT b~oolsey x Sobel x Tencer x Cavanagh x Balshaw x Vice Chair Davis. x Chairman Hilligoss x _ _ M. Patricia Hilligos Chairman ATTEST: P.E. Bernard, Recording Secretary PETO0004-4/0307P - Page 2 of 2 - PETO0004-3/0306P/bs 08/26/88 0400 NOTICE OF JOINT PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF PETALUMA, CALIFORNIA AND THE PETALUMA COMMUNITY DEVELOPMENT COMMISSION PURSUANT TO HEALTH AND SAFETY CODE SECTIONS 33431 AND 33433 REGARDING THE APPROVAL OF A CERTAIN DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE COMMISSION AND BENSON INVESTMENTS, INC. AND TO ADOPT A MITIGATED NEGATIVE DECLARATION RELATIVE THERETO (PETALUMA COMMUNITY DEVELOPMENT PROJECT AREA) PLEASE TAKE NOTICE that the Petaluma Community Development Commission (the "Commission") and the City Council of the 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, 1988, in City Council Chambers at City Hall, 11 English Street, Petaluma, California 94953-0061. 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 California corporation (the "Redeveloper"); (b) the adoption of a Mitigated Negative Declaration relative thereto, pursuant to the California Environmental 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 before the Commission and the City Council and present evidence or testimony concerning the foregoing matters at the time, date and place set forth herein. The joint public hearing will be conducted pursuant to the provisions of Health and Safety Code Sections 33431 and 33433. Among other matters, the Agreement concerns the proposed sale by the Commission to the Redeveloper of that certain real property generally located west of Corona Road, north of Industrial Avenue, east of Petaluma Boulevard North, and south of the U.S. 101 Highway, more specifically described in the Agreement and constituting a portion of the "Benson Site." The Benson Site is located within the Redevelopment Plan for the Petaluma Community Development Project (the "Redevelopment Plan"). The Benson Site shall be acquired and improved by the Redeveloper for the development. of a commercial retail automobile center. n The Commission and the City Council duly considered and certified an Environmental Impact Report for the Redevelopment Plan on July 18, 1988 (the "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 development 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 of 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 to 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 August, 1988. (SEAL) City Clerk of the City of Petaluma, California (SEAL) Secretary of the Petaluma Community Development Commission - 2 -