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HomeMy WebLinkAboutPCDC Resolution 88-12 09/19/1988 ~ 3 PETO0004-15/0321P/sm `~'~a"~ 09/12/88 0435 RESOLUTION N0. 88-12 RESOLUTION OF THE PETALUMA COMMUNITY DEVELOPMENT COMMISSION, APPROVING 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 ADOPTING A MITIGATED NEGATIVE DECLARATION PERTINENT THERETO (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 J WHEREAS, the Redevelopment Plan provides for the redevelopment of real property pursuant to the Redevelopment Plan by owners thereof or by parties seeking to acquire real property from the Petaluma Community Development Commission (the "Commission"); and WHEREAS, Section 33391 of the Community Redevelopment Law (Part 1 of Division 24 (commencing with Section 33000) of the Health and Safety Code of the State of California) (the "Act") provides that a redevelopment agency may acquire any real or personal property within a redevelopment project area or for the .purposes of redevelopment and Section 33430 of the Act provides that a redevelopment agency may dispose of any real or personal property within a redevelopment project area or for the purposes of redevelopment; 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 "Redevloper") desire to ,enter into a certain Disposition and Development Agreement (the "Agreement"), a copy of which is on file with the Commission Secretary and is incorporated herein by reference, pursuant to which, among other matters, the Redeveloper would acquire from the Commission a portion of the Hansel Site which is described in Exhibit "A" attached hereto and incorporated herein by this reference and which is further defined in the Agreement as the "Disposition Parcel." The Hansel Site is located within the area subject to the Redevelopment Plan (the "Project Area"). The acquisition would be for purposes of the redevelopment thereof, as described in the Agreement, including construction by the Redeveloper 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 (the "Project"); and ~~l ~ ~ ~ ~'`~11~t ~!a IS~~ lJ Page 1 of 4 PCDC 88-12 WHEREAS, the Commission Staff has prepared and made available for ` public inspection a certain Summary Report (the "Summary") - concerning the proposed Agreement,'as required by Health and Safety Code Section 33433, a copy of which is on file with the Commission Secretary and is incorporated herein by reference; and WHEREAS, the Commission and the City Council duly considered, certified and adopted an Environmental Impact Report (the "EIR") at the time of the approval of the Redevelopment Plan, and the redevelopment of the Hansel Site as described in the proposed Agreement is within the .scope of the Redevelopment Plan and the EIR, both of which adequately describe the proposed redevelopment of the Hansel Site as set forth in the proposed Agreement; and WHEREAS, staff for the City, of Petaluma and the Agency (collectively, "Staff") have prepared an Initial Study of the Project as set forth in the Agreement and based upon the Initial Study, Staff have prepared a Mitigated Negative Declaration (the "Negative Declaration") regarding the Project, a copy of which is attached hereto as Exhibit "B" and is incorporated herein by reference, in accordance with the requirements of the California Environmental Quality Act, Public Resources Code Section 21000, et sea. ("CEQA"); and WHEREAS, the City Council has duly noticed and conducted a public hearing in accordance with the requirements of Health and Safety Code Section 33433 concerning the proposed sale of the Disposition Parcel by the Commission to the Redeveloper pursuant to the proposed Agreement, and concerning the proposed adoption of the Negative Declaration in accordance with the requirements of CEQA; and WHEREAS, the Commission has duly noticed and conducted a public hearing in accordance with the requirements of Health and Safety Code Section 33431 concerning the proposed sale of the Disposition Parcel by the Commission to the Redeveloper pursuant to the proposed Agreement, and concerning the proposed adoption of the Negative Declaration in accordance with the requirements of CEQA; and WHEREAS, based upon evidence and testimony submitted to the Commission, it is reasonable and appropriate for the Commission to approve the proposed .Agreement. NOW, THEREFORE, BE IT RESOLVED, BY THE PETALUMA COMMUNITY DEVELOPMENT COMMISSION AS FOLLOWS: Section 1. The Commission hereby finds and determines that the EIR pertaining to the Redevelopment Plan was properly and lawfully certified and adopted by the Commission and the City Council at the time of the adoption of the Redevelopment Plan. The Commission further finds and determines that the development of the Hansel Site as described in the proposed Agreement is within the scope, terms and provisions of the Redevelopment Plan and the EIR, and the EIR adequately describes the proposed development of the Hansel Site for purposes of compliance with CEQA. The Commission further finds that no new effects could occur and no new mitigation measures would be Page 2 of 4 PCDC• 88-1~ required for the proposed redevelopment of the Hansel Site as described in the Agreement separate from those effects and mitigation measures set forth in the EIR, and that there are no substantial changes which have occurred since the certification of the EIR with respect to the circumstances under which the proposed redevelopment of the Hansel Site is to be undertaken. The Commission .further finds and determines that no new information of substantial importance with respect to the proposed redevelopment of the Hansel Site has become available since the certification of the EIR. The Commission has duly considered the EIR for purposes of its consideration of the proposed Agreement, in accordance with the requirements of CEQA. Section 2. The Commission hereby further finds and determines that the Project as set forth in the Agreement will not have a significant effect upon the environment, and the Commission hereby approves and adopts the Negative Declaration, a copy of which is set forth in Exhibit "B." Section 3. The Commission hereby accepts and approves the Summary. Section 4. The Commission hereby finds and determines that the consideration to be paid by the Redeveloper to the Commission for the conveyance of the Disposition Parcel pursuant to the Agreement is not less than the fair market value of the Disposition Parcel. However, in accordance with the terms and provisions of the Agreement., the Commission will be required to make certain future payments to the Redeveloper. To the extent that the sale of the Disposition Parcel. by the Commission to the Redeveloper pursuant to the proposed Agreement may be deemed to be for less than the fair market value thereof, the Commission hereby finds and determines that the conveyance of the Disposition Parcel for less than fair market value is reasonable and necessary to effectuate the purposes of the Redevelopment Plan, in that the conveyance for less than the fair market value will permit the Redeveloper to acquire the Disposition Parcel for redevelopment and in order to eliminate blight, to create employment opportunities, to increase the value of real property in the Project Area and to cause the City and the Commission to receive additional tax revenues as a result of redevelopment. Absent the conveyance of the Disposition Parcel for less than fair market value, the Redeveloper would likely not proceed with the purchase thereof and redevelopment of the Hansel Site due to the resulting inability of the Redeveloper to obtain a reasonable economic return on its investment therein. Section 5. The Commission hereby approves the proposed Agreement and the conveyance of the City Council's interest in the Hansel Site by the City Council to the Redeveloper. The Commission hereby authorizes and directs the Chairman and Secretary of the Commission to execute the Agreement on behalf of the Commission, together with any and all non-substantive changes therein as may be approved by the Chairman and Commission Counsel. The Commission further authorizes and directs the Chairman and Secretary of the Commission, and any and all other officers and employees of the Commission, to execute any and all documents and take any and all actions described in or contemplated by the approval of the Agreement. Page 3 of 4 PCDC 88-12 Section 6. 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 19 1988, by the following vote: Commissioner AYE NO ABSENT Woolsey g Sobel g Tencer g Cavanagh g Balshaw g Vice Chair ::~Savi g Chairman Hilligoss z Micha ~1 Davis, 9ice Chairman ATTEST: P.E. Bernard, Recording Secretary PETO0004-15/0321P Page 4 of 4 PCDG 88-~, EXHLBIT "A" _ Legal Description of Disposition Parcel - A11 that real property sit;ua'ted in the City of Petaluma, County of Sonoma, S'tat,e of California, described as follows, less that portion of the below.-described property which is necessary for t°he cons'tructibn of that ce~rt,ain public rights-of-way delineated in the Agreement as " Auto Center D'rive'' and' "Hansel Way"' LOT 10. COMMENG,ING at, the inter=section of the center line of the public road past Corona Sta ion on the Pe~t,aluma and Santa Rosa Elec~tri:c Railway with t~h'e West 1'ne~ oaf the right oaf wa.y of Said railway as now laid out; thence f.ollowi.ng the fence along said right of way, North 55e 23" Wes+t, 4.74 chains and North 55e '07' West, 20.98 chains to a stake in the fencs;~ on the South line of lands of Denman; thence along said line, South 34,e 37' West:,. 3.90 chains to a 2" by 2" redwood stake; thence South 55e 07' East, 2'5.65 chains to a point- . in the middle of the road aforesaid, said' poina being indicated by a. witness stake on the North side ~of .the -road'.; thence along the: center line of said road, North 34e 1.6' E;a t, 3.91.. chains to the point of beginning; bei; g a part of Lots 310 and 313, according to Rowe's Official Map o,f the Subdivision of PetaI'uma Rancho. Bearing True. Variation 18e 30' East. ' EXCEPTING ;there,fr.om a pox-ti.on ,o:f .Lo"ts 31..0. and 313.,. Petaluma Rancho, ae;cording to Rowe''s Survey, as recorded in Sonoma County Records. COMMENChNG in the centerline of Corona Road at th°e most Southerl• - corner o:f the ands of wi lli,am Shu~bin and Pauline ~ S'hubin, a desc:r°i bed 'in t;he Deed recorded -ri Bo.o'k 10'57 of Official Record Page 573, Sonoma County Records; thence from said Souaherly cor.nE. and along the cent:e'r',1irie of Coro;m~a Road, North 34e 16' East, 90. feet; thence Leaving' s;a.d cent-erlne,. ..North 5^6e 50' we t,. 30. feet to a 1/2" ~ ,iron,. pipe:; thence e;pn~t.nuing North 56e 5~,0' wee 174.36 feet to an iron pipe; thence South 34e 35' West, 84.'25 fE to the Southwest~erl.y hive of Shub;n; thence on, said Southweste line, South 55e- 09°' East, 174._31 fe,e:t to a 1/2" iron. pipe.; then~~ conainunq South SSe 09' East, 31.42 feet to t`h~e center_lne of Corona Rb.ad and the point of beginning of the -above described' p:arc;e EXCEPTI',NG that portion lying within Corona Road. BEGINNING at a point in the No,rt:he;aste.rl.y line of the certain strip o:f land (60 feet wide] described in Deed dated May 13, 1907 from M. E:. Pre`°se;,y; a°t a1.,~ to Petaluma & Santa Rosa Railway Company, recorded Sep'tembe:r 4, 1'907 in Deed Book 23$, Page 471, Records of A - 1 ~ ~ i , said County,. distant South 42e L8' 46" West, 2,2.60 feet from State o'f Calforn.i'a Engineer's St.at.io,n 665+00 on the "F" line o€ Department of Public Works Survey ,for Sta e Freeway in Sonoma County, Road IV-:SON-I-F, said point also being the Sou hwest corner of land descri-;bed in Deed recorded in Book 218.5, Page 633, Records of said County; thence South 53e 35' 28". Eas°t> along the _ Southwesterly Line o`~f said' State Freeway being coincident w'it,h the Northeasterly irie of la'`hd descr=ibed in said Deed dated May 13, 1907, a distance; of 106.3 feet to the Northeast corner of last said land in the N'ort'her.ly .line of Corori:a Ro;ad.; thence. South 36e -24' 32" We t, along last' said Northerly line, 60 feet to the Southeast corner of the strip of l.arnd des:c~ri.bed' in' said Deed dated May 13 , 1907; thence North 53e 35'' ~ 28" We t, along t;he Southwesterly Tine . of last said land, 166``8 feet to t'he Southwe t corner of Tas;t said strip of land also being the Northeast co,rne.r of land described in Deed recorded in Book 1,981, Page 4Q4, Official Records, of . ,said County; thence North 36e 24' 32" West; a..long the Northwesterly line of said s rip of land (6q feet wide),. 30 feet to t`he center . line of last said strip o£ land; thence South 53e 35' 2`8" East, along. said center line:, b05 feet; thence North 36e 24' 32" East, 30 feet to the Point of Beginning. EXCEPTING therefrom that por pion thereof lying below a de;pt`h of 500 :feet, measured ve_rtic_aT1y, from the contour of the. surface of said property; howe~ex, Grantor, or its succ°esso•rs and a;ssig;ns, shall, not have the ri.g,h't f;or any purpose whatspeve:r to enter upon, into or through the surface o`f s°aid pr,ope;rt"g o;r' any part thereof lying between said surface a;nd 5"0.0 feet below said surface, as reserved in ahe Deed from Pet aaum'a and S`a'nta 'Roca Ra i l road .Company, a Ca'l f-o rn;i a corporation, recorded June 24, 1984 as Document' Number 84-042077, Sonoma County Records. 'LOT 21 Parcel 2, as number:e,d' a°nd ;desig'mated om C y of Petaluma Pay-rce1 ;Map Ng. 208, filed October,,`24, 1986 in Book 391 o.,f Maps, page 10, .Sonoma County Records. A.P. No. 15:0-:020-22 ' COMPARED . R - 2