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Home My WebLink AboutPCDC Resolution 88-8 09/06/1988 r PETO0004-11/0315P/sm 08/29/88 0400 RESOLUTION NO. 88-8 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 HENRY C. HANSEL AND MARILYN J. HANSEL, HUSBAND AND WIFE, AND STEPHEN E. HANSEL AND CAROL.HANSEL, HUSBAND AND WIFE (PETALUMA COMMUNITY DEVELOPMENT PROJECT AREA) WHEREAS, the Redevelopment Plan far 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 Henry C. Hansel and Marilyn J. Hansel, husband and wife, and Stephen E. Hansel and Carol Hansel, husband and wife (collectively, 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 Hansel 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 Hansel Site, which consists of approximately five hundred thirty-five thousand seven hundred eighty-eight (535,788) 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 - PCDC 8$-8 I' 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 N~ ABSENT 3ioolsey x Sobel x Tencer x Cavanagh x Balshaw x Vice Chair navis x Chairman Hilligoss x ,~,~p - l~Y~ M. Patricia Hilligoss Chairman ATTE T: P.E. Bernard, Recording Secretary PETO0004-4/0307P - Page 2 of 2 - PETO0004-10/0314P/nb 08/26/88 0430 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 HENRY C. HANSEL AND MARILYN J, HANSEL, HUSBAND AND WIFE, AND STEPHEN E. HANSEL AND CAROL HANSEL, HUSBAND AND WIFE, 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 Henry C. Hansel and Marilyn J. Hansel, husband and wife and Stephen E. Hansel and Carol Hansel, husband and wife (collectively, 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 "Hansel Site." The Hansel Site is located within the Redevelopment Plan for the Petaluma Community Development Project (the "Redevelopment Plan"). The Hansel Site shall be acquired and improved by the Redeveloper for the development of a commercial retail automobile center. ~ IT Page 1 of 3 , r The Commission and the City Council duly considered and certified an Environmental Impact Report for the Redevelopment Plan on July 18, 19.88_ (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 Hansel 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 Hansel Site for purposes of compliance with the California Environmental Quality Act, Public Resources Code Section 21000, et seg. In addition, an Initial Study anal 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 d Page 2 of 3 - • " ~ PETO0,004-1O1Q314P'/nb ~ - _ 0.8/26/88 0'430 . " ~ ~ ~ NOTICE OF'~ JO'I,NT PUBLIC `HEARING OF.=_THE : ' . - CITY' COUNCIL 'OF: THE. CITY. OF: PETALUMA; CALIFCQRN'IA ' AND fiHE' PETALUMA COMMUNITY°;DEVELOPPMENT` COMMISSION. _ PURSUANT.: TO' HEALTH .A'Np ;SAFETY CODE ~ - SECTIONS .3`3431-AND .3°3`43,3 REGARD T NG THEE ~ .APRROVAL. OF' A CERTAIN D`I S'POS LTI ON A_ ND ` . ~ ~ ~ DEVELO'PMENT' 'AGREEMENT` BY AND - . ' ~ ' BETWEEN THE' COMMhS'S~ION .AND HENRY 'C . ' HANSE'h AND ' MARILYN~ J. HANSEL, HUSBAND .AND W:IFE,.AND STEPHEN E. HANSEh AND CAROL HANSEL, HUSBAND-AND''WLFE, AND TO ADOPT A MLTIGATED-NEGATIVE"DECLARATION RELATIVE THERETO. - (PETALUMA COMMUNLTY DEVELOPMENT PROJECT .AREA) PLEASE TAKE NQ:TTCE~ that the ~Pe.taluma. Community Development, - Commission ('then; '"Comrnssi:o:n"~)° and th'e City Council of~ the ~ Ctg of`~. Petaluma,. "Ca_li.fornia (:the "City Council". will -~conduct~ a joint - public hear°ing~ of-.the. Commission and the C-ty,, Council at 7:00 p.m. on. September; 1,9, 1:98'8, in City Council Chambe•rs4 at City' Ha11, 11, English S~~txeet, Petaauma,, California 94953-0061. At the join . public hearing, the Commission and the City Counci. shall .receive. evidence. and testimony and consider: (a) the, .approval of a ~cer.tain Disposition and Dewelo'pme;ntAgreement (the "Ag:reement") by acrd between the Commission, and- Henry C. Hanse,l> a•nd Marilyn J. Hansel, ; husband and wife and Stephen E. Hansel a'nd' Carol Hansel, husband and . wife (collectively, the ''Redeveloper"~); (b) the ad`o.ption of a Mitigated. Ne'gat°ive D'eclarati"on re.lati-ve thereto, pursuamt Eo the Ca'liforn-ia Environmental Quality Act; and (c) any and all other actions related' to the-Ag;re.ement. . NOTICE IS. FURTHER GIVEN that ariy a'nd all persons arse invited to appear before the Commission ...and` the City Council and , present evidence or tes°timony concerning 'the foregoingmatters at - the time, dat<e and place set forth herein. . . The joint pu`bl'ic hearing will. be:.conducted pursuant to the provisions of Health and Safety Code ~ Seetiorrs 3343.1 and 334`33 . Among other matters, the Agreement concerns the proposed sale by the Commission to the Redewelop`er of that certain ~ real proper"ty generally ;-located west of Corona Road, north o;f Industrial Avenue, east of :Petaluma Boulevard Nor h, and south of the U..S. 101 Highway, more specifically described in the Agreement, and const.t'uting a portion of the' "Hansel Site.'' .Thee Hansel Site is,.l,ocated within the Redevelopmeri't, Plan for the Petaluma Community Devel<opment Project (fhe "R'ede elo: meat 'Tan" _p The Hansel Site shall be acquired and improved by the Redewe,loper for the development. of a commercial- retail automokii~le: center. , ~ ~T~ . . Page 1 of 3 _ -The Commis'"son, and the. City` ~Counc,l. duly consid`exed and cert~ifisd a`n 'Environmental- Impact Report for the .Redevelopinen.t Plan on Jr-1y 18`,._.1988_-:-(the "'EIR"),. Fo;r. :purp.ose_s of conss,dering =the - - approval of ' tYie Agreement, the~~ Commission an"d ~ the:- City Council - intend to rely upon t:he EIR, as a ":Program E~IR"!. since they "proposed development of :the. Hansel- Ste_.~as' f~urr,t:he.r, descr:ibed:.,n the Agreement ~ ' is. within .the. scope of the= Redevelopment 'Plan and the E;IR, and the EIR adequately.describe's the. proposed.'development of the Hansel Site £or purposes of ;compliance with the 'Cal'ifornia Environmental Quality Act., Pub is Resou"rces~Code Section 2.1000.,. et se; Ln addition, an Initia Study and M==itgated Negative Dec'aa~ration have been-prepared by the City Council. and Commission S.taf~f i;n 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 approwa,I and adoption of the Mitigated Negative Declaration following the public hearing. A Summary Repo>r't setting forth certain details of the proposed Agreement has been prepared pursuant to the requirements of Section 33433 of the Heal h 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 atthe Office of the Commission Secretary at Petaluma City Haal, located at T1 E'nglish Street, Petaluma, Ca`lf:'orrna. NOTICE GIVEN this day of Augusa, 1988. - (SEAL) ' . City Clerk of the City of Petaluma, California ..(SEAL) Secretary of the Petaluma Community Development; Commission Page 2 of 3