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
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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
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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
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