HomeMy WebLinkAbout109-96RESOLUTION NO. 109-96
APPROVING THE SALE OF PROPERTY OWNED BY THE
DANVILLE COMMUNITY DEVELOPMENT AGENCY
AT 825 HARTZ WAY
WHEREAS, the Danville Town Council ("Town Council") adopted the Redevelopment Plan
for the Downtown Redevelopment Project ("Redevelopment Plan") on July 14, 1986, by
Ordinance No. 94; and
WHEREAS, the Danville Community Development Agency ("Agency") adopted Community
Development Agency Resolution No. 8-94 on December 14, 1994, approving the Agency's
Implementation Plan for the Downtown Redevelopment Project ("Implementation Plan");
and
WHEREAS, the Agency has noticed a public hearing for August 6, 1996, for the purpose of
amending the Implementation Plan to allow for either commercial or residential
development of the property located at 825 Hartz Way consistent with the goals and
objectives of the Redevelopment Plan; and
WHEREAS, the Agency is the owner of real property and associated improvements located
within the project area at 825 Hartz Way (the "Property"), which property was purchased
with tax increment moneys from the Agency's Set Aside Fund for Low and Moderate Income
Housing; and
WHEREAS, the Agency desires to cause redevelopment of the Property through the
rehabilitation and renovation of the Property and existing buildings for use as a mortuary
and funeral home; and
WHEREAS, the Agency adopted Resolution No. 1-96 on March 19, 1996, authorizing the
Executive Director to enter into a Letter of Intent to sell the Property to Wilson & Kratzer
Mortuaries or an affiliated entity owned by the principals of Wilson & Kratzer; and
WHEREAS, the Agency now desires to enter into a Purchase and Sale Agreement for the
Property with BWB Diablo Properties, LLC, an entity owned by the principals of Wilson &
Kratzer; and
WHERFakS, pursuant to Health and Safety Code Section 33433, the sale of the Property
must be approved by both the Town Council and the Agency; and
WHEREAS, the sale and redevelopment of the Property will assist in the elimination of blight
and will further the goals and objectives of the Redevelopment Plan; and
WHEREAS, the Agency has placed on file with the City Clerk a copy of the draft Purchase
and Sale Agreement and the summary called for in Health and Safety Code Section 33433
and has made those documents available for public inspection and copying pursuant to
Section 33433; and
WHERF~S, by staff report accompanying this resolution and incorporated herein by this
reference, the Town Council has been provided with additional information upon which the
findings and actions set forth in this resolution are based; and
WHEREAS, notice of the public hearing was published in the San Ramon Valley Times as
required by Health and Safety Code Section 33433; and
WHEREAS, the Town Council and the Agency have conducted a public hearing on the
Purchase and Sale Agreement pursuant to Health and Safety Code Section 33433 for the
purpose of receiving the input and comments of the public; and
WHEREAS, a mitigated negative declaration of environmental significance ("Negative
Declaration") has been prepared pursuant to the California Environmental Quality Act
("CEQA"), the State CEQA Guidelines and the Town's and the Agency's adopted local CEQA
Implementation Guidelines in conjunction with the land use approvals necessary for the
proposed use of the Property as a mortuary and funeral home; and
WHEREAS, the Town has served as the Lead Agency under CEQA with respect to the
Negative Declaration and has approved the Negative Declaration in conjunction with Final
Development Plan DP 96-30 and Land Use Permit LUP 96-19; now, therefore, be it
RESOLVED, by the Danville Town Council that:
1. The sale of the Property to BWB Diablo Properties, LLC is hereby approved, subject
to the Agency's amendment of its Implementation Plan to allow for commercial use of the
Property.
2. As set forth in the summary prepared pursuant to Health and Safety Code
Section 33433, the sale of the Property will assist in the elimination of blight within the
project area by allowing for the renovation and rehabilitation of the existing structure on the
PAGE 2 OF RESOLUTION NO. 109-96
Property; by expanding employment opportunities; by providing for economic growth; and
by providing additional funds into the Agency's Set Aside Fund for Low and Moderate
Income Housing.
3. The consideration to be paid to the Agency for the Property exceeds the fair market
value of the property as determined by the highest and best use in accordance with the
Redevelopment Plan.
4. The sale of the Property is consistent with the Agency's Implementation Plan, as
proposed to be amended by Community Development Agency Resolution No. 3-96.
5. The Town Council hereby certifies that as part of its consideration of this Resolution
and sale of the Property, it has reviewed and considered the Negative Declaration prepared
in conjunction with its consideration of the land use approvals necessary for the proposed
use of the Property as a mortuary in accordance with CEQA, the State CEQA Guidelines and
the Local Guidelines.
6. The Town Council hereby finds and determines that the Negative Declaration, with
the mitigations proposed therein, adequately addresses the environmental issues pertaining
to the Purchase and Sale Agreement as well as the proposed use of the Property as a
mortuary and concludes that the Purchase and Sale Agreement will not have a significant
impact on the environment.
APPROVED by the Danville Town Council at a Regular Meeting on August 6, 1996, by the
following vote:
AYES: Greenberg,
NOES: None
ABSTAINED: None
ABSENT: None
Shimansky,
Arnerich, Doyle, Waldo
MAYOR
APPROVED AS TO FORM:
%
CITY ATTORNEY
ATTEST:
CITY CLERK
PAGE 3 OF RESOLUTION NO. 109-96