HomeMy WebLinkAboutPCDC Resolution 88-13 09/19/1988 .
PETO0004-7/0311P/sm
09/12/88 0425
RESOLUTION NO. 88-13
RESOLUTION OF THE PETALUMA COMMUNITY DEVELOPMENT COMMISSION
APPROVING A CERTAIN DISPOSITION AND DEVELOPMENT AGREEMENT
BY AND BETWEEN THE COMMISSION AND BENSON INVESTMENTS, INC.,
A CALIFORNIA CORPORATION, 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
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 Benson Investments, Inc., a California corporation
(the "Redeveloper") 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 Benson 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 Benson 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 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 (the "Project"); and
Page 1 of 4
PCDC 8$-13
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 3.3433, 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 Benson 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
Benson 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 "H" and is incorporated herein by
reference, in accordance with the requirements of the California
Environmental Quality Act, Public Resources Code Section 21000,
~ sec. ("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 COMMLSSION 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 Benson 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 Benson Site for
purposes of compliance with CEQA. The Commission further finds that
no new effects could occur and no new mitigation measures would be
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PCDC $8-13
required for the proposed redevelopment of the Benson 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 Benson 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 Benson 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 and redevelopment of the Disposition
Parcel 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 Benson 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.
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PCDC 88-13
a' ~ ~
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 x
Sobel g
Tencer g
Cavanagh z
Balshaw g
Vice Chair Davis g
Chairman Hilligoss g,
Michael Davis, Bice Chairman
ATTEST:
P.E. B nard, Recording Secretary
PETO0004-7/0311P
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PCDC 88-13
y p „ .
~s
Leg~a Description of Disposition Parcel,
;real. property situated i'n the City o~f Petaluma,
• All that described as follows, less
Co;urity of Sonoma, Stats of Cal;forn ~operty -whic'h is necessary for
that port°ion of" the ,below-de cribed P delineated i;n
the construction of that certain public rights-of-way
lemen~`e" and that portion of Lot 46
'the Aq'reement as "Auto :Center Driv
Gatt 's. Restaurant" and reasonable
p~reserttly occu"pled by
par-'k;ng for same:
- LOT 4;3
(A.P. No. 007-412-43").
ion of fhe lands conveyed to McKellar, Benson, et al by Deed
A port
filed in D~~cument No. 85' 42894described1 asafo 11ows as ~ Sonoma County
Records, an3 more particularly
NING at the most northerly corner o:f said lands, on the
BEGIN" TO1;. thence southeasterly along
southwesterly line .of US Highway
id line on a curve to the. right, rad,ua ce traTf angle hof e0;0,en48r
sa
6;
bears South 44° 39' 0`3'• East, throng
24" an are length of 140.39 feet to , a set 1/,2" iron piPeo nt E on 2t'he
thence .S:outh 36° 24' 3.2"la ds; thence along" said bon dart' North
westerly boundary of said
9' 49~, 22" Eas"t 311.OA feet to the point of beginning.
LOT 46
(A.P. No. 007-4.12-4'6`)
,or'tion of Lot 311 of the. Petaluma RancFio, according to the
Being a .P August 12 , 1871, filed on February 3 ,
Map made by the Rowe Brothers,
1872 in Book 21 of Maps, Page 1, Recorder's Office, Sonoma County.
at a point forming the intersection of the northeasterly
Beginri:;ng
of way lime of t:he Petaluma and Santa Sta~teRHghway, Roudte.tle
right line of the Cal'i.forni
easterly r°gh of way ° 3' East, f`roR
So,noina County, ~Sectio_n C, which point is 'North 80 and which point
Engineer"s Station 649+4.9.3er1 :f corner t" fe. he h27y35 acre tract of
is a so the most sou~t~hwest Y Scott,
thence from
land de'scri.bed in theconveyance Se
~
a1 No. aCa8231na
dated December 5, 1945',
Grantees, and running along the said northeast right
•sa~id point of beginning, Dint:,
of way of the Petaluma and Santa Ross ~ REast o649 .4a eeth to saupherly
line o:f sapid Scott Tr.~act, South 53 5 corner
West 150 feet from t_he soa.theaisterly line,
that" is North 53° 55' said railway right of WaY
of said Scott: Tract; thence leaving 28, East 60.0 feet.;
line of Scott Tract, North 9°
and southerly West 649.4 feet to a point. that is South 9°
thence No,;r-th 53° 55'' corner of said Scott
28~ We t '6,55.5 feet from the northwester~.y
corner of the 2,4.52 acre parcel
Tract;, 'a`nd the southwe5`ter ly
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'
of land described in the conveyance ree.orded September 28, 194;8,
Official Records,, 706-/231, Elmer H, a_nd Theo. S. Joerge~r,. Gra°ntees
and which point is on he easterly r-igh°t of way lime of said State
Highway, and the we terly line of sad.~Scott Tract; thence running
along said line, Sou. h 9° 2'8' West 600 feet to the point of_
beginning, being, an 8 acre piarallelo9:ra'm in the southwesterly
portion of the said Scott Tract, described in the conveyance,
C-82.31, referred to above.
i
EXCEPTI:NG~ THEREFROM that 0.'86q of a~n acne conveyed to the State of
Califo,rn,ia, €or freeway purpo,se;s, 6y Deed da°ted January 14,, 19:54 and
recorded Ma.reh 18, 1"9"54 in Book 1261 of Of'fic:ial Records, Page 559,
Sonoma County Records:.
ALSO EXCEPTING THEREFROM'`that portion described in Modification of
Lease redorded January 18, 1.966 under Record`e;r~'s Serial No. J-79901,
Sonoma Coumty Records.
ALSO EXCEPTING TH"EREFROM that portion described in Document.
Nos. 86-0'05570 and 8.5-00557'1, Sonoma" County Records.
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