HomeMy WebLinkAboutStaff Report 6.B 05/06/2013 A9-en kit/Item' #6 .3
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DATE: May 6, 2013 ,
TO:. HonorableMayorand`.Members of the City Council through City Manager
FROM: Heather Hines; Planning,Manager
SUBJECT: Public gand Discussion f the l and Economic Impact Assessment
completed f rhproposed o Mixed-Use
Project located at 500 Hopper
Street(APN 136-010-025),pursuant to City Council Resolution 2008-189 N.C.S.,
"Establishing a Policy and Procedure for the Preparation, Review and Use of
Fiscal and.Economic`Impact Assessments for Specified.Development Projects in
the City ofPetalutna,". �
RECOMMENDATION
It is recommended that the City Council hold thn e required public'hearing,take public comment,
and discuss the contents of the-Fiscal and Economic Impact Assessment (FEIA) for the proposed
Riverfront Mixed- Use Project in accordance with the provisions of City's adopted FEIA policy
(Resolution 2008-189 N.C.S:).
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BACKGROUND ,
General Plan 2025 Goal 9-G-1 is to "establish a diverse and sustainable local economy that
meets the needs of the community's residents and employers". In order toensure that new
commercial development will have a net positive impact on the community, Program "A" of
General Plan Policy 9-P-2 recommended that the City consider the need for a"fiscal/economic
impact analysis as a component of the project's,entitlementprocess".
On October.6, 2008,the Council.adopted Resolution No. 2008-189 N.C.S. which required
preparation of a'Fiscal:and Economic Impact Assessment for projects involving general retail,
grocery, hotel or building,and'landscape materials that standing alone, or in combination with
any other uses, has'a total floor area of 25,000 square feet or more. The Resolution required that
the City Council`hold a public hearing to consider and discuss the FEIA prior to the;granting of
any land,use entitlements. The;putpose of the hearing is to have a public'discussion with the City
Council, applicants?and the public; it is not intended'to require or result in separate findings,
conclusions or approvals regarding the project. The information in the FEIA can be used by the
applicable City decision-making bodies during the subsequent entitlement process for the
project. The FEIA for the Riverfront Project was prepared under the City's direction by Keyser
Marston Associates.
Agenda Revie
City Attorney Finance Dire' or ana
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The proposed,RiverfrontProjectis a mixed-usedeveloprnent, With';maximum full build-out
comprised of up"to 273 residential units,'60,000 square feet ofofficesand 30,000 square feet of
commercial space,,a>t20-roormselect service hotel,and"7J65 acres of open space.
The proposed 273 residential units include 134 for-sale-single-family detached;houses, 39
townhomes; including six live-work units, and 100 apartments. The single-family detached units
range from 1,200 to 2,300 square feet, with an average unit size of 1,790 square feet.
Approximately 60,000 square feet tof office space is configured as.a.'free',standing, 3-story
building adjacent to a 120 roommelect service hotel. The 30,000 square feet of commercial space
is proposed around the central,green with the 100 apartment units,above in a more traditional
vertical mixed use configuration. Approximately 10,000 square feet of the commercial is
assumed to be restaurant uses with:the remaining 20,000 square feet comprised of retail,
professional office_and commercial.services. No specific restaurant or retail tenants have been
identified at this time. itis.anticipated that the commercial space will be.comprised of small
tenant spaces, ranging from 2;000 t&5;000 square feet. Approximately 3,500 square feet of the
20,000 square feet of non-restaurant conunercial space is expected to be initially occupied by
traditional sales tax-generating retail tenants. The remaining 16;500 square feet is expected to be
occupied by service tenants, such as nail salons)hair salons and dry cleaners. Over time, as the
project matures, the mix between retail and service tenants may change: Similarly, a hotel
operator has not yet been identified..However, it is anticipated thatthe-hotel will be a select-
service hotel, such as a Holiday'Express, Hampton Inn,ior Marriott Courtyard.
KMA used the most recently available information at the time of,analysis (February 2012 and
updated in February 2013) to establish baseline)'conditions. The,analysis was made for maximum
density build-out of the project assuming that home prices.are consistent with current prices in
Petaluma, and commercial components achieve:industry standard productivity levels. The
report's findings may not be valid if the program varies by more than 10% of the maximum
program, if the market;declines, or if the Project is not able to.achieve.the projected prices and
sales volumes. The FEIA was originally made available to the publicron February 28, 2013 but
was updated to include the most recent development impact fees and re-circulated on March 18,
2013 with amadditional 30 day public review period.
Given the disproportionate=amount of revenues.:to be-generated-by the hotel and commercial
components, KMA has evaluated the;ihrpacts of three development scenarios:
1. The maximum density program;
2. A"no hotel" scenario_that reflects the anticipated full development program excluding
the hotel; and
3. A `no cohi i erdial" scenario that is comprised solely of the 173 for-sale residential units,
whichare anticipated to represent the first four phases'of construction.
The,findings of these two partial development scenarios provide a general assessment of the
RiverfrontProject's fiscal impacts on the City of Petaluma prior to the completion of the hotel
and the commercial components, which generate tax revenues that are disproportionately high
relative:to their square footage.
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DISCUSSION
The specific factors required by Resolution 2008-189 N.C.S. to be analyzed in the FEIA are
listed below in italics with a.sunnnarry of the findings contained within the FEIA.
a) 'The existing local retail,market conditions for market sectors proposed for the project,
including.project primary and significant secondary market sectors, leakage of sales to other
communities in those market.sectors, regional market competition in the project market
sectors and populations, demographic and related data far the project market sectors. "
Retail demand currently exceeds supply in the CI ity of Petaluma, with a,significant amount of
retail expenditures exported outside of the city,;particularly in the categories of general
merchandise, home furnishings and,appliances„and home improvement merchandise. However,
the construction of two large,retail centers, Deer Creek i illage and East Washington Place, will
generate sales volumes superior to the export/leakage in the City and estimates of leakage in a
broader trade area. These centers,are.expected to shift approximately 12% of sales from existing
retail establishments in the City by 2015, with the transfer amount declining over time after
2015. Therefore, to generate industry:standard sales volumes, Riverfront would also have to
capture expenditures from other existing'Petaluma retailers at first, before the demand catches
up.
The Project is envisioned to contain up to 10,000 square feet of restaurant space, approximately
3,500 square feet of general retail space and 16,500 square feet of service commercial (non- sales
tax generating space). The nature of thetenants{has not;been.identified,yet but three main market
sectors,are used in+the Report's Appendix F B-1: Comparison Retail, Convenience Retail,
Automotive Retail, to analyze the attraction/leakage of sales to other communities in Petaluma
(Deer Creek Village, East Washington Place) and to other communities in the Nine-County Bay
Area.
It is anticipated that the Project's°residents, employees,:and hotel guests will generate
approximately $6.04 million of the total taxable retail sales:Of this total, it is estimated that the
Project's retailers will capture$1.4 million:and:other Petaluma retailers will capture $3.7 million
of sales! resulting in a totallannual benefit of$5165 million of retail sales to Petaluma. The
remaining balance of$390,000 of retail expenditures arerestimated to be spent outside of
Petaluma. An additional $3.66 million in sales at Riverfront would come from non-residents of
Riverfront. Table 6 in the FEIA-shows the potential retail salesderived from residents, workers
and visitors and its capture by.Riverfront, Petaluma or other places.
b) "Estimated retail sales.by,project retail sectors or merchandise categories per square foot,
including estimated captured leakage. ”
The FEIA's Appendix F B-5 shows the sales per square foot of retailers at in and the
distribution of the potential new riverfront retail taxable sales.
Given the preliminary phase'of the project and the unknown,i'dentity of the retailers, the analysis
could not develop this part in a detailed manner: However, the analysis indicates sales per square
foot of$375 with total retail and restaurant sale's of$5,062,500.
c) "Current and estimated retail'supply'and demand for.each project retail sector or
merchandise category'
The FEIA discusses the net retail sales=and impacts on existing retail,businesses. Appendix F B-1
presents the retail sales.categories, as well as their corresponding demand forecast and
attraction/leakage between the'Bay Area,Petaluma''s retail projects DeerCreek Village and East
Washington Place, and the future.Riverfront Development. Even with completion of Deer Creek
Village?and East WashingtonPlace, the Riverfront retailers could compensate for leakage in
clothing, food and'beverage; and automotive"retail.
d) Employment characteristics: the and typesofjobs, including,'construction related,
permanent,part-time,,and full-time; whether the project will.result in increased or decreased
permanent part-time jobs,-or full-time jobs,:ior a combination of both compared to applicable
employment projects; estimated wages, benefits and einployer'contributions.
The total number of full-time equivalent jobs generated by the project at full build-out is 516,
dividedlbetween 348 direct jobs and 168 indirect jobs. ''The construction of the Project is
anticipated to support over 1,9.50 full-time equivalent jobs in Petaluma for a 1-year period, of
which 11,134 will be direct and 818 indirect.
The distribution of full-time equivalent jobs from part time and full time positions has been
estimated based on the distribution of U.S. parftime'and.full time workers by employment
industry as surveyed by the Bureau of Labor Statistics. Applying these percentages to the
project's land uses results in.between 14percent and 22 percent of full time equivalent jobs
contributed by part time employment; which is 95 to 15.1 part-time jobs out of a total of 395 to
423 positions (full-time and part-time).
The City of Petaluma adopted a Living,Wage Policy with minimum hourly wages rates of$14.60
per hour without an employee medical benefit plan and $1100 per hour with an employee
medical plan. KMA''s,estimate s indicate,that averageisalaries for all Riverfront land uses, with
the exception food and beverage, should provide average salaries that fall significantly above
these levels.
Given the nature of the project, specificnformation about individual tenants, or prospective
employers, is not available, and a comparison of employee benefits in comparison to Petaluma
standards could not be made.
e) "Tide estimated impacts of theproposed project on existing retail businesses, including the
potential foropportunitiesfor businessrenewal and growth due to new businesses locating
in the Petaluma community, as well as the potential for-negative'impacts such as reduced
sales or closures. "
The,FEIA report acknowledgesthat Petaluma's'currentcshortage of supply and export of sales are
expected to be remedied with the completion of two approved large retail projects—Deer Creek
Village and East Washington Place.
It is anticipated that Riverfront's residents, employees, and hotel,guests'will generate
approximately $6.04:million of-taxable retail sales. Of this,total,it is estimated'that-the Project's
retailers will capture $1.4-million and other Petaluma-retailers will capture $3:7 million of sales,
resulting in a total annual benefit of$5.65 million of retail sales to Petaluma.
KMA estimates that Riverfront:residents employees, and hotel guests will generate $1.4 million
of sales to Riverfront retailers. The,retail and restaurant useshave•a projected volume of$5.1
million. Given that retail demand-in the trade area will be met by the existing'and pending supply
of retail;it is estimated that the balance of$3.7 million of Riverfront retail sales will be
generated primarily through the transfer of sales)from existing retailers, and will not represent
net new sales to Petaluma.
The transfer impact on specific existing Petaluma retailers is not known because the Riverfront
tenancies have not yet been determined. In addition, depending on market conditions, a greater
percentage of space planned for retailers may be initially occupied by non-retail tenants, with the
space transitioning to retail users as the market.absorbs the additional supply to be provided by
the Deer Creek Village and East Washington Place retail centers.
j) The estimated project impacts on current and projected public revenues.
The analysis examined the major revenue elements including: sales taxes generated by on-site
retail and indirectly by Riverfront residents, property taxes in-lieu of motor vehicle fees,
transient occupancy tax,franchise fees,property transfer taxes, and,business license taxes. The
Appendices F6 details,all the revenue sources taken into account by this analysis.
Total annual city combined fund net revenues of$616,000 for total $173,000 for the
full-program excluding hotel, and$132,000 for-sale residential only For the same three
scenarios, the General Fund annual net revenues are $206,000, $183,000 and $132,000.
The operation of the hotel is expectedto bring $419,429 in annual revenues from the transient
occupancy tax.
The construction of the project will also generate non-recurring revenues coming from three
different sources. Development Impact'Fees<are estimated to generate approximately $14.8
million as shown.m.Attachment B. Transfer Tax revenues will-be generated by the initial sale of
the for-sale residential units and will bring $146,700 to`the'City General Fund, as detailed in
Table F10. Finally, sales/usetaxes will result from thepurchase of construction materials and
could bring $161,000`.tothe City.
g) The estimated cost ofpublic contributions, servicesoand infrastructure required by the
project.
All operating and,maintenance costs.associated'with the park, soccer field, open space, and
central green to be built as part of the Project will be funded through a landscaping and lighting
district or other mechanism. The maintenance costs'reflect an allowance for maintaining all
public infrastructure(new°and existing) based On an extrapolation•of current per capita overtime
maintenance costs. The FEIA extrapolated'`the current per capita costs;to the future population
(and employees) to estimate the costs of the project.
Annual Expenditures at Build-out are estimated at $53;854 total, including $28,568 from the City
General Fund and $25,286 from other funds.
The Riverfront developer plans to.pay:•for publiclimprovements including;emergency vehicle
access, on-site improvements,public and'private,roads, bicycle paths, green belts, a soccer field,
a waterfront park, plazas, and a central green, fo i a total value expected to be between $13 and
$15 million.
e)Additional analysis regarding:the Hotel construction
PFK Consulting USA evaluated the likely performance of the proposed midscale, select-service
hotel and its impact on the existing lodging supply in Petaluma. They assessed a minimal impact
on occupancy rates of the majority of existing Petalumalodging market.
The conclusions of their analysis are based on an analysis of the existing and potential future
supply and demand for the competitive lodging,market as of the completion of PFK's fieldwork
in December 2011. PFK's study determined an impact of two occupancy points on the overall
market for the first year of operation if the hotehopened;in 2014. There would be no impact in
the following years as the market returned to its;stabilized:occupancy rate. The absorption of the
new space is expected to be complete by the third year of operation.
Staff has concluded that the contents and analysis in the Riverfront.FEIA conform to the
requirements contained in Section 6 of Resolution 2008-189 N.C.S. The FEIA further complies
with the policy direction and intent expressed by Section 2, and does"provide an objective
evaluation of the potential economic impacts of[the] specified retail/commercial project."
FINANCIAL IMPACTS
As required by the FEIA policy resolution, the overall a_ssessnient of the proposed Riverfront
Development is that, for the maximum development scenario,the project would generate an
estimated net fiscal surplus of$616,000 annually to,the°City of Peialuma's Combined Fund
(General Fund, Transient Occupancy tax Fund, Street Maintenance Fund),..of which $206,000
would go to the City's General Fund.
ATTACHMENTS
1. Riverfront FEIA—March 2013
2. FEIA Resolution No.,2008-189 N.C.S.
ATTACHMENT 1
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Fiscal and EconomicTinpact:Assessment
Riverfront MixedUse Project
The FEIA for the-Riverfront.Mixed'Use Project was previously distributed at the commencement
of the 30-day public commentperiod. The document is available for review on the city's
website and at the Community Development Department.
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*rA AtmeivT 2
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Resolution No. 2008-189 N C S..
of the City of Petaluma, California
ESTABLISHING A POLICY AND PROCEDURE
FOR THE.PREPARATIOM"`REVIEW AND USE OF
"FISCAL AND ECONOMIC IMPACT ASSESSMENTS"
FOR SPECIFIED DEVELOPMENT PROJECTS
IN THE CITY OF PETALUMA
•
,WHEREAS, in 2008;,the:City of,Petaluma adopted General Plan 2025 ("General Plan"),
which included an entire chapter on economic health and sustainability (Chapter 9); and,
• WHEREAS, Goal 9-G-1 of the General Plan is to "establishra'diverse and sustainable
local economy that meets the needs of the community's residents and employers;" and,
' I
WHEREAS, policies-and programs under Goal 9-G-1 of the, General Plan focus on
attaining a diverse and sustainable local economy, including Policy 9-P-2 concerning ensuring
that new commercial developmentwill_have a net positive'impact on the community; and,
WHEREAS, Program "A" Of,General Plan Policy 9-P-2 recommends that the City
consider the need for "fiscal/economic analysis, as a component of the project's entitlement
process, of the impacts on Petaluma's economy)existing.businesses, local workforce and city
finances" when reviewing!commercial developme'nt.proposals;and,
1
WHEREAS, on June 16,,2008, the City Council held a discussion regarding the means
by which the City could begin to implement the various General Plan policies and programs
related to the goal of establishing a'diverse;and sustainable local economy; and, •
WHEREAS, the City;Council's June 16, 2008,discussion of general plan economic
policies concluded with City Council support for completion of a City-wide economic
development strategy, and antmmediatefrequirement for certain commercial uses of a given size
and type that are particularly likely, given their size and nature, to have significant impacts on
the local economy, to prepare a "fiscal and economic impact assessment" pursuant to Program
"A"of Policy 9-P-2 prior to the granting of,any required land use entitlements; and,
WHEREAS, on July 7, 2008, and August 4, 2008, the City Council considered and
received public comment on proposed policies and procedures for the preparation and review of
fiscal and economic impact assessments;
NOW,THEREFORE, BE IT RESOLVED by the City Council of the City of Petaluma
as follows:
1. Recitals Made Findings.
The above recitals,are hereby declared to be true and correct and incorporated in this resolution
as findings of the City Council of the City of Petaluma. •
Resolution No.2008189 N.C.S: Page I
� 2 - I
2. Fiscal and.Economic Impact Assessment Polic y"Established.
The City Council of the City of Petaluma hereby, establishes this policy and procedure.for the
preparation,review and use of Fiscal and Economic Impact Assessments ("FEIAs") for specified
development projects within the City of Petaluma ("City"). The purpose of this policy and
procedure is to provide an objective evaluation.ofthe potential economic impacts of specified
retail/commercial projects within the City. Such evaluation, together with all other available
information in the public'record, is intended to help the.decision making`body.determine project
consistency with General Plan economic,.goals, policies and programs, including Policy 9-P-2
concerning ensuring new commercial development.will.'have a net positive impact on Petaluma's
economy, existing"businesses,.oity finances'and quality of life.
This policy and procedure implements General Plan Pro am 9-P-2 (A), regarding consideration
of the need when"reviewing commercial development°proposals over a specific size in building
area per occupant, to obtain a fiscal/economic analysis of the impacts on Petaluma's economy,
existing businesses, local workforce and cityfinances as acomponent of the project's entitlement
process. FEIAs required pursuant to this resolution may also be used as,appropriate by project
applicants, the City Council,the Petaluma Community.Development,Commission, and City staff
to assist in identifying projects that may merit' City and/or Commission assistance, such as
through negotiation of development, agreements, direct Commission assistance for eligible
projects, and other assistance.
3. Covered Projects and Time for Submission of FEIAs
Any applicant for a "General, Retail," "Grocery," "Hotel," or `Building and Landscape
Materials" use, as defined by the City of Petaluma Zoning Ordinance, as amended from time-to-
time, that standing alone, or irt cornbinatiom':with any other uses,has a total floor area(including
where applicable`the "area used,for outdoor sales) of 25,0005square feet.or.more of "General
Retail," Grocery, `Hotel, and/or Building and Landscape Materials' usesshall be required
;prepare and submit an FEIA tothe City for"consideration in accordance with this resolution. To
the'maximum extent permitted by law, this,requirement shall apply'to any new development or
any redevelopment,:as defined'in California Health and'Safety Code Sections 33020 and 33021
as amended from time to time, that meets the use and size requirements specified in this section.
Subject to applicable law, FEIAs+in accordance with.this resolution must be,submitted to the City
for consideration prior to the granting of any required landruse entitlements for the project
If current economic impact assessment information already exists for a project, and that
information analyzes and discusses one'or more of the FEIA factors identified in Section 6(a-g)
of this resolution,.then that existing information may be used by the City or its consultants in the
preparation of the FEIA., The City may elect to obtain peer review of existing economic impact
assessment information. The:source for all data and studies relied upon by the FEIA shall be
identified, including materials submitted by the applicant and/or the public.
4. Preliminaryfnformation Required from Applicants
Prior to commencing an FEIA, applicants for projects subject:to this resolution shall submit to
the City the followinginformation in a'"form acceptable to the City:
a. Completeapplicantand project manager contact information.
• Resolution.No.2008=1.89 N.C.S. Page 2
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b. Descriptions;ofproposeduses; where those uses are:;known;by area(square footage),
owner(s), and tenancies. Where owner(s), tenancies and/or users'are not known, reasonable
assumptions regarding proposed,types of retail users (e:g., home electronics, furniture, clothing,
etc.) may be substituted.
5. FEIA Costs
Applicants for projects subject, o this,resolution shall be responsible for all costs associated with
the preparation, administration and processing of the FEIA, including the cost of consulting
services, noticing, and any subsequent:analysis in accordance with this resolution. Applicants
shall file with the City a deposit against sleposit against Consultant costs for the;preparation of the.FEIA and the
City's administration and,processing costs in an amount to be determined`by the City. To avoid
delayed FEIA preparation and processing, applicants must update deposits when and as directed
.
by the City.
6. FEIA Contents
FEIAsishall analyze and discuss each of the following factors in sufficient detail to assist City
officials and bodies responsible[for, ro'ect review and entitlement determinations in assessing
p project
project consistency with General Plan economic goals, policies and programs, including whether
the project will have a net positive impact on Petaluma's economy, existing businesses, City
finances and quality of life in accordance with Policy 9-P-2 of the General Plan and this
resolution. . FE1As shall include a separate section on each of the factors and :a summary
• discussion on potential irnpactsto the local economy. For each factor; FEIAs shall analyze
project impacts for a five-year.period. from the estimated,completion of the project. FEIAs
required pursuant to this resolution may analyze and discuss in addition to the following factors,
any additional factors or information an applicant deems important or relevant'for a meaningful
assessment of the project's economic,impact.
a. The existing-local:retail,market conditions for market sectors proposed for the project,
• including project primary and'significant secondary market sectors , leakage of sales to other
communities in those market sectors, regional market competition in the project market sectors,
and population,demographic and related:data for he project Market sectors.
- b. Estimated retail sales by project retail sectors or merchandise categories per square
foot; including estimated captured leakage.
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• c. Current and estimated retail supply and demand for each project retail sector or
merchandise category.
d. The following,estimated employment characteristics: i) the estimated number and
type of jobs, including construction related, permanent,,part-time and full-time of the proposed
project for the period covered by the FEIA; ii) whether the proposed project will result in
significantly increased or decreased permanent part time:jobs (35 hours or less per week), or
permanent full-time jobs (more than 35 hours per week), ora-combination of permanent and full-
time jobs compared to or using applicable local or regional employment projections, such as
those 'from the Association of Bay Area Governments ("ABAG") for Petaluma for the period •
covered by the FEIA; ,iii) estimated employee wages, benefits, and employer contributions for
the proposed project.compared with or using relevant data.for the Petaluma-community, such as
living wages established in the Petaluma Municipal Code, or California Employment
Resolution No.200s-189 N.C.S. Page 3
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Development Department occupational wage data for the Santa Rosa-Petaluma. Metropolitan
Statistical Area for the period covered.by'the FEIA.
• e. The estimated.impacts of the proposed,project on existing retail including
the potential for opportunities for business renewal and growth due;to new businesses locating in
the Petaluma community; as well,as the potential for negative impacts such as reduced sales or
Closures.
'f. The estimated project.impacts on current andr,projected public revenues, including:'
sales tax, use tax, base property'tax', tax increment, transient occupancy tax, development fee
proceeds, benefit assessments,-land•dedication exactions, developer-funded improvements, and
other public revenue benefits.
•g. The estimated cost of public contributions, services and infrastructure required by the
project; including: tax rebates or refunds;:land right-downs,below market:or contingent loans,
site acquisition or preparation costs, fee waivers`{or payments, and unfunded infrastructure and
public ;improvement costs, and whether the estimated project public revenues will equal or
exceed estimated project publicacontribution,services, and;infrastructures costs.
7. 'FEIA.Preparation
Consultants preparing FEIAs mustbe designated or approved:by the City. Project applicants
may propose FEIA consultants City staff willlcoordinate,with project applicants and FEIA
consultants to avoid conflicts among FEIAs that are being prepared at the same time, or that
involve related or overlappinglmarketatudies,or that othety ise could•.conflitt.
8. Treatment.of,FEIA and'Cither Project Information:
The contents of FEIAs, and other project information supplied in accordance-with this resolution,
will be available to members of`tlieipublic,except to th'e;extent such information is exempt from
disclosure or the disclosure of.such.information'is prohibited pursuant'to the California Public
Records Act and/or other applicablelaw.
9. .Notice of FEIA Availabilityand Council Hearing on,FEIA
Upon receipt of the completed FEIA, the Community Development Department shall provide a
public notice of its,completion and availability for public review: Notice shall be provided in the
form of atone eighth,page display advertisement tn.the City's adjudicated newspaper of general
circulattonAand by mail to pall.property owners and residents within 1,000'feet of theproject site
and to all other thafhave requested such'.nonce:ircwrlhng ''Additionahnformation shall be
provided es> ated City:facilities. The"n `'ce shall appear at least
arty, r�or"to'th ouncil;hearing on the: .' The notice shall co »tie
p ace of the City Council hearing:on the FEIA.
10. City Council,Hearing and Use of FEIAS
Before a project subject to this:resolution is granted any required land use entitlements, the City
Council will holdatpublic hearing noticed in accordance with Section:9,:to consider:and discuss
the FEIA and the project, and°to permit-project applicants, FEIA consultants ;and;theEpublic to
comment on the FEIA and the project.. The FEIA'hearing before the.City'Counciliis not intended .
Resolution No.2008-189 N.C.S. Page 4
•
to require or result in separate,findings, conclusions or approvals (regarding a project. The
purpose,of the Council FEIA hearing is to:have public project`FEIAs with the City
Council, applicants arid the public beforerequired project land use entitleinents.are,granted.
The City officials and/or bodies responsible for project:review and entitlement determinations
shall, in the normal course of their project review and entitlement determination responsibilities,
use the FEIA to assist them.in determining project-consistency with General Plan economic
goals, policies and programs, including whether the project'will have a net positive impact on
Petaluma's economy, existing',businesses,,city finances and quality of life. In'the-normal course
of their project review and entitlement determination responsibilities and after due consideration
of the information, analysis and conclusions contained in the FEIA, the City officials and/or
bodies responsible for project review and entitlement determinations may accept and adopt the
information, analysis, and conclusions of the FEIA as findings of the officials or bodies in
support of their action concerning the project. However, nothing in this resolution requires
reviewing bodies to make findings concerning project consistency with the General Plan
economic goals, policies and,programs separate from or,in addition to findings required by law
or that are part of the City's,existingentitlement process.
11. No Private Right;of,Action
Nothing in this resolution creates or,shall be construed as creating.a private right of action.
Under the power and.authority conferred upon this Council'by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the A proved as to
Council of the City of Petaluma at a Regular meeting on the 6'h day of October, A.for :
2008,by the following vote: ` V
ity Attorney
AYES: Barrett.Harris,Nau,Vice Mayor.Rabbits,Mayor'I'orliati
NOES: Freitas,O'Brien
y I
ABSENT: None
ABSTAIN: None-
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ATTEST:
City Clerk Mayor
Resolution No.2008;189 N.C.S. Page 5
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