R-083-15 Appproving that Certain Disposition and Development Agreement with Evergreen for the Sale and Development Real Property

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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COLTON, CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS: 2 3 SECTION 1. Incomoration of Recitals. The foregoing recitals are true and correct and are incorporated herein and made an operative part of this Resolution. 4 5 SECTION 2. Findings. The City Council of the City hereby finds and determines that public convenience and necessity require the sale of the Property. The factors 6 demonstrating that the public convenience and necessity require the sale of the Property 7 include, but are not limited to the following: the Property will be utilized by Developer as a grocery and dry goods store and one (1) retail building or restaurant separate from the 8 grocery and dry good store for purposes of economic development, which will create or 9 maintain jobs within the City and alleviate conditions of economic and physical blight in the 10 City, all of which benefit the health, safety and welfare of the City. I I SECTION 3. Declaration of Intent to Sell; Fixing of Hearing. The City Council of the City hereby declares its intent to sell the Property pursuant to a DDA and fixes July 7, 12 2015 at 6:00 p.m. at Colton City Hall, 650 N. La Cadena Drive, Colton, as the date, time and 13 location for hearing any protests to the proposed sale of the Property, for approval of the DDA, and of the final action date. 14 15 SECTION 4. Publication and Posting. In compliance with California Government Code section 37423, the City Council of the City hereby directs City staff to 16 publish this resolution at least once in the Colton City News newspaper prior to July 7, 2015, 17 and to post this Resolution for not less than ten (10) days in at least three (3) conspicuous places upon the Property prior to July 7, 2015. I8 19 SECTION 5. CEQA. The City Council of the City of Colton has determined that the sale of property in this Resolution is not a "project" requiring environmental review 20 pursuant to the California Environmental Quality Act (Public Resources Code, sections 21 21000, et seq.); rather, a sale does not involve any commitment to any specific project and, as a result, is excluded from the definition of "project" in section 15378(b)(4) of the State 22 CEQA Guidelines (Title 14 California Code of Regulations sections 15000, et seq.). The 23 City Clerk is authorized and directed to file all appropriate notices pursuant to CEQA with 24 the Clerk of the Board of Supervisors of the County of San Bernardino, California. 25 SECTION 6. Severability. If any provision of this Resolution is held invalid, the remainder of this Resolution shall not be affected by such invalidity, and the provisions of 26 this Resolution are severable. 28