Loading...
HomeMy WebLinkAboutCC Resolution 9036 (1118 Fourth Street)CITY OF SAN RAFAEL RESOLUTION NO. go 6 RESOLUTION OF THE CITY COUNCIL MAKING CERTAIN FINDINGS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33433 AND THE CALIFORNIA ENVIRONMENTAL QUALITY ACT RELATED TO THE PURCHASE AND SALE OF PROPERTY LOCATED AT 1118 FOURTH STREET, SAN RAFAEL (PORTION OF ASSESSOR'S PARCEL #11-215-03) BY THE SAN RAFAEL REDEVELOPMENT AGENCY AND THE REHABILITATION OF SAME BY THE FILM INSTITUTE OF NORTHERN CALIFORNIA FINDINGS AND PURPOSE: The City Council of the City of San Rafael, Marin County, California, ("City"), does hereby declare, find and determine that: WHEREAS, the San Rafael Redevelopment Agency ("Agency") and the Film Institute of Northern California, a California non- profit corporation, ("Developer") desire to enter into a disposition and development agreement ("DDA") for the development of a portion of Assessor's Parcel Number 11.-215-03 located in the City of San Rafael, County of Marin, California, commonly known as 1118 Fourth Street, (the "Property"); and WHEREAS, the proposed DDA provides for the Agency to sell the Property to the Developer and for the Developer to modernize and rehabilitate the Property such that it will contain a three - screen theatre and related uses (the "Project"); and WHEREAS, the Agency, as the lead agency under the California Environmental Quality Act, Public Resources Code section 21000 et. sea. ("CEQA"), has conducted an initial study to determine whether the Project would have a significant negative impact on the environment; and WHEREAS, as a result of the initial study, the Agency has determined that the Project would not have a significant effect on the environment due to the nature of the Project and certain mitigation measures which will be incorporated into the Project; and WHEREAS, as a result of the initial study, the Agency has prepared and approved a proposed negative declaration ("Negative Declaration") pursuant to Public Resources Code section 21080(c) and 14 California Code of Regulations section 15070 et. sea., to serve as the environmental documentation required by CEQA for the Project; and WHEREAS, the Negative Declaration incorporates the mitigation measures which will be incorporated into the project to avoid any significant effect on the environment by virtue of the Project ("Mitigation Measures") and provides for the monitoring program required by Public Resources Code section 21081.6 ("Monitoring Program"); and WHEREAS, the City, as a responsible agency under CEQA, has considered the Negative Declaration, Mitigation. Measures and Monitoring Program for the Project; and WHEREAS, the City Council has received and reviewed the summary report on the proposed DDA required by Health and Safety Code Section 33433, and related documents (collectively, the 1133433 Report"); and 14107N.P50 -1- ORIGINAL g9 6 WHEREAS, after publication of notice in accordance with Section 33433 of the Health and Safety Code, a joint public hearing was held on October 18, 1993, at which time any and all members of the public were afforded an opportunity to address the City Council and the Agency regarding the DDA and the Project; and WHEREAS, the 33433 Report and the proposed DDA were available for public inspection at the offices of the Agency for the two-week period prior to the October 18, 1993 joint meeting of the City Council and the Agency; and WHEREAS, upon the close of the public hearing, the City Council considered the Negative Declaration and deliberated upon the 33433 Report and other information received at the joint public hearing with the Agency, the information supplied by the Agency and the City for the City Council and the Agency, and comments received at the public hearing; and WHEREAS, upon the close of the public hearing, the City has determined that there is no substantial evidence before the City Council that the Project will have a significant effect on the environment. NOW, THEREFORE, the City Council of the City of San Rafael resolves as follows: 1. In conformance with Public Resources Code Section 21082.2, the City Council finds that, based upon the initial study, proposed Negative Declaration, Mitigation Measures and Monitoring Plan, and other information and testimony submitted to the City Council and the Agency, that there is no substantial evidence before the City Council to indicate that the Project will have a significant effect on the environment. 2. The City Council hereby approves the Negative Declaration prepared for the Project and approved by the Agency. 3. The City Council hereby adopts the Mitigation Measures and Monitoring Program for the Project, which are included as part of the Negative Declaration. 4. The City Council finds, based upon the 33433 Reports and other information submitted to the City Council and the Agency at the joint public hearing, that the consideration which the Developer is to pay to the Agency pursuant to the terms of the DDA is at least equal to the fair market value for the Property in accordance with the covenants and conditions governing the sale of the Property as set forth in the DDA. 5. The City Council finds that, while the purchase price which the Developer will pay for the purchase of the Property is less than the fair market value for the Property if utilized in its highest and best uses permitted under the Amended and Restated Central San Rafael Redevelopment Plan ("Redevelopment Plan"), the lesser purchase price is necessary to effectuate the purposes of the Redevelopment Plan in that, pursuant to the DDA, the Developer is obligated to rehabilitate the improvements on the property and utilize those improvements as a theatre for the next twenty five (25) years, in that the Property has been appraised as having a negative value given covenants requiring rehabilitation and use of the Property for theater use, and in that the use of the Property as a theatre will achieve the objectives under the Redevelopment Plan of revitalizing nighttime and weekend activity in the downtown area and of preserving historical buildings such as the theatre in the Project Area, which objectives that would not likely be achieved if the 14107N.P50 -2- Property were to be developed for the highest and best uses permitted under the Redevelopment Plan. 6. The City Council hereby approves the DDA. 7. The City Manager and her staff are directed to impose the Mitigation Measures and undertake the Monitoring Program to the extent such measures or monitoring are within the scope of the City's responsibilities in connection with the consideration of permits and approvals for the development contemplated by the DDA. 8. This resolution shall become effective immediately upon its passage. I, JEANNE M. LEONCINI, City Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a special joint meeting of the San Rafael City Council and the Redevelopment Agency of the City of San Rafael held on the 18th day of October. 1993, by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None J kM. LEONCINI, City Clerk 14107N.P50 -3-