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2002/04/09 City Council Resolution (5)RESOLUTION NO. 2002- 63 A RESOLUTION OF THE ROHNERT PARK CITY COUNCIL ALLOWING THE SUBMITTAL OF A PRELIMINARY APPLICATION FOR THE SOUTHEAST SPECIFIC PLAN AREA WITH LESS THAN A MAJORITY OF THE PLAN ACREAGE REPRESENTED IN THE APPLICATION WHEREAS, Section 17.57.040 A.2. of the Rohnert Park Municipal Code requires an application for a Specific Plan to be made by a property owner(s) with control of a majority of the acreage within the existing or proposed SP District or his/her agent. WHEREAS, Section 17.57.040 A.3 of the Rohnert Park Municipal Code further states that an application where less than a majority of the plan acreage is represented may be accepted if the City Council, by resolution, determines that it is in the best interest of the City to allow the minority property owners to proceed and if the property owned by the minority property owner(s) is contiguous to the City's incorporated boundaries. WHEREAS, Mr. Clement Carinalli, who represents two (2) of the properties, which amount to 89.1 acres, or 35.6 percent of the total area included in the Southeast Specific Plan Area, has requested that the Council consider allowing a Preliminary Specific Plan application for this area to proceed under the exception allowed for in Section 17.57.040 A.3 of the Rohnert Park Municipal Code. WHEREAS, YCS Investments, which controls over 50 percent of the properties within the Southeast Specific Plan Area, has indicated that they do not wish to be included in a Preliminary Specific Plan application at this time. Furthermore, YCS Investments does not oppose Mr. Carinalli's request and will provide information as feasible to assist in the review of Mr. Carinalli's application. WHEREAS, the City Council finds that the ultimate development of the minority properties within the Southeast Specific Plan Area would be beneficial to the City in that it would provide additional residential and mixed -use opportunities which would help achieve the goals and policies of the City's General Plan regarding same. WHEREAS, the City Council finds that the property contained within the Preliminary Specific Plan application is contiguous to the City's incorporated boundaries. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rohnert Park, California, allows the submittal of a Preliminary Application for the Southeast Specific Plan Area with less than a majority of the plan acreage represented in the application. DULY AND REGULARLY PASSED BY THE ROHNERT PARK CITY COUNCIL THIS 9th DAY OF APRIL, 2002. . AYES: (4) Four - Councilmembers Mackenzie, Reilly, Vidak - Martinez and Mayor Flores NOES: (0) None VACANCY: (1) One ABSTAINED: (0) None ABSENT: (0) None A , 4 0/1 APPROVED: Mayor ATTEST: MACKENZIE: AYE REILLY: AYE VACANCY: N/A VIIDAK- MARTINEZ: AYE FLORES: AYE AYES: (4) NOES: (0) ABSENT: (0) ABSTAIN: (0)