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DATE: February 3, 2014•
TO: Honorable Mayor and Members of the City Council through City Manager
FROM: Heather Hines, Planning Manager
SUBJECT: Resolutions adoptinga Mitigated Negative Declaration, approving a General Plan
Amendment,.Ordering-the Vacation of Publie Utility Easements, and Introduction
of an Ordinanceto approve a Zoning Map Amendment for the Maria Drive
Apartment Project located at 35 Maria Drive.
RECOMMENDATION
It is recommended that the City Council adopt the attached resolutions:
• Resolution adopting°a Mitigated Negative Declaration and Mitigation Monitoring .
Program (Attachment 1 and Exhibits A and B);
• Resolution approving;a;General.Plan Amendment to amend the General Plan land use
designation from Mixed Use to High Density Residential (Attachment 2);
• Resolution ordering the Vacation of Public Utility Easements (Attachment 3);
It is also recommended'that the City Council Introduce the attached Ordinance approving a
Zoning Map Amendmentto rezone the property located at.35 Maria Drive from PUD-Medical
and Office to R-5 (Attachment 4).
BACKGROUND
At their meeting..onJanuaryy27, 2014, the City Council considered modifications to the Maria
Drive Apartments project in response to direction previously given by the Council at their
October 21'2013 hearing. After consideration of the proposed design modifications, clarification
of anticipated traffic impacts, and receiving public comments, the City Council continued the
item to a date certain of February 3, 2014 and directed staff to return with the appropriate
resolutions to approve the Mitigated Negative Declaration, General Plan Amendment, Vacation
of Public Utility,Easements, and introduce the Zoning Map.Amendment for the project.
DISCUSSION
Agenda Rev'
CityAttorne Finance Director City Mana LaS
As directed by the City Council,staff has prepared the attached resolutionsand.ordinance.for the
Council's consideration.
ATTACHMENTS
1. Resolution,Approving the Mitigated Negative Declaration
Exhibit A—Mitigated Negative Declaration
Exhibit B--Mitigation Monitoring and Reporting Program
2. Re solution,Approving.General Plan Amendment
3. Resolution Directing Vacation of Public Utility Easement
4. Ordinance for Zoning Map Amendment
ATTACHMENT I
RESOLUTION'OF,THE CITY COUNCIL OF THECITY OF_'PETALUMA ADOPTING
A;MITIGATED NEGATIVE:DECLARATION AND MITIGATION MONITORING
PROGRAM,FOR THE MARIA DRIVE APARTMENT PROJECT
LOCATED AT 35 MARIA DRIVE
APN 007-280-078 & 077
FILE NO. 12-GPA-0582
WHEREAS, JDA West LLC, submitted an application to the City of Petaluma (File No.
12-GPA-0582) for a General Plan Amendment, Zoning Map Amendment, and Site Plan and
Architectural Review for the<Maria.Drive Apartments located at 35 Maria Drive (APN 007-280-
078 & 077) ("the Project" or the "proposed Project"); and
WHEREAS,the project is subject to the Petaluma General Plan 2025, adopted by the
City on May 19, 2008; and
WHEREAS, in evaluating certain potential environmental effects of the Project in the
Initial Study, the City relied on the program EIR for the City of Petaluma General Plan 2025,
certified on April 7, 2008 (General Plan EIR) by the adoption of Resolution No. 2008-058
N.C.S., which is incorporated herein by reference; and
WHEREAS, the General Plan EIR identified potentially significant environmental
impacts and related mitigation measures and the City also adopted a Statement of Overriding
Considerations for significant Impacts that could not be avoided;:and
WHEREAS, the City prepared an Initial Study dated June 27, 2013 for the proposed
Project consistent with CEQA Guidelines sections 15162 and 15163 and determined that a
Mitigated Negative Declaration (MND) was required in order to analyze the potential for new or
additional significant environmental impacts of the Project beyond those identified in the
General Plan EIR ; and
WHEREAS, on or before June 27, 2013, the city's Notice of intent to Adopt a Mitigated
Negative Declaration based on,the Initial Study, providing for a'twenty (20) day public comment
period commencing June 27, 2013 and ending July 17, 2013, and a Notice of Public Hearing to
be held on.August 13 2013, before the City of Petaluma Planning Commission, was published.
and mailed to all residents and property owners within 500 feet of the Project, as well as all
persons having requested special notice of said proceedings; and
WHEREAS, on or before July 1.1, 2013, the City issued a corrected Notice of intent to
Adopt a Mitigated Negative Declaration based on the Initial Study, providing for a corrected
public comment period commencing July 11, 2013 and ending July 31, 2013, and a Notice of
Public Hearing to be held on August 13, 2013, before the City of Petaluma Planning
Commission,was published and mailed to all residents and property owners within 500 feet of
the Project, as well as all persons having requested special notice of said proceedings; and
3
WHEREAS, pursuant'to the analysis in the Initial ;Study/MND, the Project does not
make a considerable contribution to the significant and unavoidable [cumulative traffic and/or
noise impacts identified in the general Plan 2025 EIR because of its small size; and
WHEREAS, pursuant to further analysis in the Initial Study/MND, including evaluation
using the Bay Area Air Quality Management District (BAAQMD) adopted CEQA Guidelines
and 2010 Clean Air Plan, the,Project does not make a considerable contribution to cumulative air
quality or greenhouse gas emissions impacts found to be significant and unavoidable in the
General Plan 2025 EIR, because of the Project's small size and lack of significant stationary
sources of emissions; and
WHEREAS, the Planning Commission held a public hearing on August 13, 2013, during
which the Commission considered the Project, the Initial Study/MIND and supporting
documentation referenced in the Initial Study, and received and considered all written and oral
public comments on environmental effects of the Project which were submitted up to and at the
time of the public hearing; and
WHEREAS, the Planning Commission recommended the City Council adopt the MND
and Mitigation Monitoring Program with the following corrections:
• On Page 7 of the Initial Study, the first sentence in the third paragraph was changed
as follows:
Across the street, east of the subject property is an existing 224 unit apartment
complex, Addison.Ranch (a.k.a.; Greenbriar Apartments) on approximately 17.2
acres (General Plan designation - Medium Density Residential 8.1-18.0hu/ac and
zoned PUD).
• On Page 38 of the Initial Study, second paragraph was changed as follows:
The Project is not in the immediate proximity to the Petaluma River, but adjacent to
Washington Creek Capri Creek, which is a small tributary stream that drains to the
Petaluma River. Capri Creek Washington Creek runs-from the northeast to southwest
immediately east north of the proposed project site. The creek bisects suburban
residential development and serves as public open space '- - . . -
Pte. The Regional Water Quality Control Board (RWQCB=) does not consider Capri
creek a major surface water; and
WHEREAS, the City Council held a duly noticed public hearing on October 21, 2013,
January 27, 2014, and February 3,. 2014, during which the Council considered the Project, the
Initial Study/MND and supporting documentation referenced in the Initial Study, and received
and considered all written and oral public comments on environmental effects of the Project
which were submitted up to and at the time of the public hearing; and
WHEREAS,:the Initial Study/MND and related project and environmental documents,
including the General Plan 2025 EIR and all documents incorporated herein by reference, are
I
available for,review in'the City of Petaluma Community Development Department at Petaluma
City Hall, during normal business hours. The custodian of the documents and other materials--,
which constitute the record of proceedings for the proposed project, file No.. 12-GPA-0582, is the
City of Petaluma Community, Department, 11 English Street, Petaluma, CA 94952,
attn: Alicia Giudice, Senior.Planner;
NOW THEREFORE BE IT RESOLVED THAT:
1. The foregoing recitals are true and correct and incorporated herein by reference.
2. Based on its review of the entire record herein, including the Initial Study/MND, all
supporting, referenced and :incorporated documents and all •comments received, the City
Council hereby finds that:
a. Potential environmental;iinpacts of the Project would be avoided or reduced to a level of
insignificance by mitigation measures to be made conditions of approval of Project
entitlements;
b. There is no substantial evidence that the Project as.mitigated-will have a significant effect
on the environment;
c. The MND reflects the City's independent judgment and analysis; and
d. The Initial Study/MND and supporting documents provide an adequate description of the
environmental impacts of the Project and comply with CEQA, the State CEQA
Guidelines and the City of Petaluma Environmental Guidelines.
3. The Petaluma City Council hereby adopts the Mitigated Negative Declaration and
Monitoring and Reporting Program for the Maria.Drive Apartments located at 35 Maria
Drive attached to and made a part of this resolution as Exhibits A and B.
��ALU EXHIBIT A
k City of Petaluma
n � .y
� �, MITIGATED NEGATIVE DECLARATION
Community Development Department
isse
Planning Division'
11 English Street, Petaluma, CA•94952
The City of Petaluma has prepared this Mitigated Negative Declaration for the following project:
To: Sonoma County Clerk Return To: City of Petaluma
2300 County Center Drive Planning Division
La Plaza, Building B; Suite 177 11 English Street
Santa Rosa, CA 95406 Petaluma, CA 94952
Project Title: Maria Drive Apartments
Contact Person: City of Petaluma, Alicia Giudice, Senior Planner
Telephone Number: (707) 778-4401
Project Location: 35 Maria Drive, APN 007-280-078 & -077, Petaluma, CA, Sonoma County
Project Applicant: JDA West, LLC.
505 Montgomery Street, l lth
San Francisco, CA 94111
Project Description: The project being requested is for General Plan Amendment, Zoning Map
Amendment, and Site Plan and Architectural for construction of a 144-unit apartment complex on an
approximately 5.85 acre site located at 35 Maria Drive (APN 007-280-077 and 078). The proposed
project consists of demolition of the existing single-story medical/business office complex and
construction of six 3-story apartment buildings and associated parking, landscaping, and circulation. The
proposed development includes a mix of unit types including, one-bedroom, two-bedroom, and three-
bedroom units. A courtyard is proposed in the center of the development and includes amenities such as
a community building,swimming pool/hot tub, picnic area, and playground.
FINDING: The City of Petaluma has reviewed the proposed project and has determined, based on the
Initial Study and associated technical reports, that there is no substantial evidence that the project as
mitigated will have a significant effect on the environment. The City of Petaluma finds that potentially
significant impacts related to aesthetics, air quality, biological resources, cultural resources, geology and
soils, hydrology and water quality, land use and planning, noise, Transportation/Traffic, and Utilities can
be reduced to less than significant levels with implementation of m_itigation measures as set forth below
and described in the Initial Study. The Initial Study is available fot review during normal business
hours, at the City of Petaluma Community Development Department, 11 English,Street, Petaluma, CA•
94952;.Attn: Alicia Giudice, SeniorPlanner.
MITIGATION`MEASURES: The following mitigation/measures will be incorporated into the project
design or as conditions of approval, to ensure that any potential environmental impacts will be reduced
to levels below significance.
VIS-1: In order to avoid light intrusion onto adjacent properties, all exterior lighting shall be
directed onto the project site and access ways, and shielded to prevent glare and intrusion
onto adjacent properties.
VIS-2: Only low-intensity light standards and/or wall mounted lights shall be used (no flood
lights), and lights attached to buildings shall provide a"soft wash" of light against the
wall and shall generate no direct glare.
AQ-1. In order to assure that potential impact to existing nearby sensitive receptors are reduced
to levels below significance, the applicant shall incorporate the Best Management
Practices for construction into the construction and improvement plans and clearly
indicate these provisions in the specifications. In addition an erosion control program
shall be prepared and submitted to the City of Petaluma prior to any construction activity.
BMPs shall include but not be limited to the BAAQMD Basic Construction Mitigation
Measures as modified'below:
I. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas,
and unpaved access roads) shall be watered two times per day.
2. All haul trucks transporting soil, sand, or other loose material off-site shall be
covered..
3. All visible mud or dirt track-out onto adjacent public roads shall be removed
using wet power vacuum street sweepers at least once per day. The use of dry
power sweeping is prohibited.
4. All vehicle speeds on unpaved roads shall be limited to 15 mph.
5. All roadways, driveways, and sidewalks shall be completed as soon as possible.
Building pads shall be laid as soon as possible after grading unless seeding or
soil binders are used.
6. Idling-times shall be minimized either by shutting equipment off when not in
use or reducing the maximum idling time to 5 minutes (as required by the
California airborne:toxics control measure Title 13, Section 2485 of California
Code of Regulations). Clear signage shall be provided for construction workers
at all access points.
7. All construction equipment shall be maintained and properly tuned in
accordance with manufacturer's specifications: All equipment shall be checked
by certified mechanic and determined to be running in proper condition prior
to operation.
8. Equipment staging shall occur as far as possible from existing sensitive
receptors.
9. Post a publicly visible sign with the telephone number and person to contact at
the Lead Agency regarding dust complaints. This person shall respond and take
corrective action within 48 hours. TheiAir Dist'rict's phone number shall also be
visible to ensure compliance with applicable regulations.
10. The Developer shall designate a person-with authority to require increased,
watering to monitor the dust,and erosion control,program,and provide name and
phone number to.the City prior to issuance of grading permits Postia;publicly,
visible sign with the telephone number of-designated person and person to
contact at the Lead Agency regarding dust complaints. This person shall
respond and lake corrective action within 48 hours.The Air Dist'rict's phone
number shall also be visible to ensure compliance with applicable regulations.
AQ-2. Diesel-powered off road equipment larger than 50. horsepower and operating at the site
more than two days that are used for demolition and mass grading/excavation shall meet
U.S. EPA particulate matter emissions standards for Tier 4 engines or an equivalent
measure such as the use of alternate powered equipment, alternate fuels, and added
exhaust devices. The applicant shall provide the City with a list of measures to be used
along with an updated Health Risk Study that demonstrates effectiveness of such
measures to reduce predicted cancer risks below thresholds of significance.
AQ-3. The contractor shall prepare a project schedule that minimizes the number of hours that
equipment will operate and includes the provision of idling restrictions.
AQ-4. Line power shall be installed at the site as soon as possible after construction start and
shall be used to power equipment to avoid use of diesel-powered generator engines.
BIO-1. To prevent impacts to nesting birds covered by ,State and federal law (California
Department of Fish and Game Code and the MBTA), the applicant shall avoid the
removal of trees, shrubs, or weedy vegetation between.February 1 and August 31, during
the bird nesting period. If no vegetation or tree removal is proposed during the nesting
period, no surveys are required. If it is not feasible to avoid the nesting period, a pre-
construction survey for nesting birds shall be conducted by a qualified wildlife biologist
no earlier than seven days prior to the removal of trees. Survey results shall be valid for
the tree removals for 21 days following the survey. lithe trees are not removed within the
21-day period, then a new survey shall be conducted. In the event that an active nest for a
protected species of bird is discovered in the areas to be cleared, clearing and
construction shall be postponed for at least two weeks or until the biologist has
determined that the young have fledged (left the nest), the nest is vacated, and there is no
evidence of second nesting attempts, whichever is later.
CUL-1 Prior to excavation for the swimming pool, the applicant shall conduct test drilling to the
depths expected for the pool. A City-approved archaeologist shall be present during test
drilling and excavation for the swimming pool or for any work involving depths of more
than 5 feet.
CUL-2 In the event that;any cultural resources are uncovered during earthmoving activities, all
construction excavation activities shall be. suspended for a period to be determined by a
City-approved archaeologist to allow for adequate inspection, recommendation and
retrieval, if appropriate.
CUL-3 In•. the event that human remains are uncovered during earthmoving activities, all
construction excavation.activities shall"be suspended andthe=following measures shall be
undertaken;
1.
TheSonoma County Coroner shall be,contacted..
2. If the coroner determines the remains to be Native'American the coroner shall
contact the Native American Heritage Commission within 24 hours.
3. The project sponsor shall retain a City-approved qualified archaeologist to
provide adequate inspection, recommendations and retrieval, if appropriate.
4. The Native American Heritage Commission shall identify the person or persons
it believes to be the most likely descended from the deceased Native American, .
and shall contact such descendant in accordance with state law.
5. The project sponsor shall be responsible for ensuring that human remains and
associated grave goods are reburied with appropriate dignity at a place and
process suitable to the most likely descendent.
GEO-l. Prior to Submittal of Improvement Plans, the applicant shall submit an updated
geotechnical report that identifies performance of supplemental exploration, defines the
amount of expansive or weak soils to be removed from the amount and make up of
engineered fill to be replaced, and specific recommendations for private and public
improvements.
GEO-2. The design of all earthwork, cuts and fills, drainage, pavements, utilities, foundations,
and structural components shall conform with the specifications-tand criteria contained in
the geotechnical report (as updated to comply with.GEO-1), as approved by the City
Engineer and/or.Chief Building Official. Foundation and structural design for buildings
shall meet the Uniforfn. Building Code regulations for seismic safety (i.e., reinforcing
perimeter and/or load bearing walls, bracing parapets, etc.).
GEO-3. The•applicant shall obtain.a geotechnical engineer to review the final project plans and
specifications to determine if they are consistent with the recommendations as outlined in
the report and observe grading, compaction, and foundation excavations to verify that
conditions are as anticipated and to modify recommendations if warranted. A qualified
geotechnical engineer shall sign the improvement''plans and certify the design as
conforming to geotechnical report specifications. A,qualified geotechnical engineer shall
inspect the construction, work and shall certify to the City, prior to acceptance of the
improvements or issuance of a certificate of occupancy that the improvements have been
constructed'in•accordance with geotechnieal report,specifications.
GEO-4. Construction and improvement plans shall be reviewed for conformance with the
geotechnical report specifications (as updated by GEO-1 above) by the Public Works
Department and the Chief Building Official prior to issuance of grading or building
permits. Additional soils information may be required by the Chief Building Inspector
during the plan check of building plans in accordance with the Code.
GEO-5. All earthwork, grading, trenching, backfilling, and compaction operations shall be
conducted'in accordance`with the City of Petaluma's Subdivision Ordinance (#1046, Title
20, Chapter 20:04; of`the Petaluma Municipal Code) and Grading and Erosion Control
Ordinance#1576, Title 1.7, Chapter 17.3'x1 ofthe.Petaluma;MunicipalCode).
GEO-6. The applicant°shall submitan`Erosion'and Sediment,Control Plan'prepared by a registered
professional engineer as an integral part of the grading plan. The Erosion and Sediment
Control Plan shall be subject to review and approval of the Planning Division and Public
Works Department,prior to issuance of a grading permit, The Plan shall include temporary
erosion control measures to be used during excavation for foundations, and other grading
operations at the site to prevent discharge of sediment and contaminants into the.drainage
system. The Erosion and Sediment Control Plan ;shall include that the material and
equipment for implementation of erosion control measures shall be on-site by October
1st.
GEO-7. All construction activities shall meet the Uniform Building Code regulations for seismic
safety. Foundation and.structural design for buildings shall conform to the requirements
of the Uniform Building Code, as well as state and local laws/ordinances. Construction
plans shall be subject to review and approval by the Building Division prior to the
issuance of a building permit. All work shall be subject to inspection by the Building
Division and must conform to all applicable, code requirements and approved
improvement plans prior to issuance of a Certificate of Occupancy.
GEO-8. All public and private improvements shall be subject to inspection by City staff for
compliance'with'the'approved improvement plans, prior to their acceptance by the City.
HYDRO-1. The project shall prepare a•SWPPP prior to the issuance of grading permits. The SWPPP
shall be prepared pursuanto-to the requirements set by the State Water Resources Control
Board (SWRCB), and implemented throughout!.project.construction and operation. The
Applicant shall complete and submit a Notice oflntent'(NOI) and appropriate filing fee
to the SWRCB. The applicant shall file a Notice,of Termination (NOT) with the SWRCB
upon project completion. The SWPPP shall be submitted for review and approval by
Public Works prior to.approval of improvement plansoorissuance of grading or building
permits. City inspectors shall inspect the improvements and verify compliance prior to
acceptance of improvements. The SWPPP shall comply with San Francisco Bay Area
Regional Water Quality`Control Board requirements.
HYDRO-2. In accordance with City of Petaluma General Plan 2025 Policy 8-P-36, the project shall
include an on-site,storm water'detention system to limit post-construction storm water.
peak flows leaving:the site to not exceed pre-project peak flows by detaining peak storm
water runoff from the 100-year, 24 hour storm event. Final storm water calculations shall
be designed in accordance,with City of Petaluma and Sonoma County Water Agency
requirements and` be provided with the project construction drawings, subject to the
review and approval by the City Engineer:
HYDRO-3. The developer shall be responsible for funding, through the project cost recovery account,
all City,required storm water quality inspections. The project conditions, covenants and
restrictions shall establish and fund a mechanism to ensure long term maintenance,
inspection:andirepair as needed of the storm water detention system and post construction
storm water treatment measures and best management practices. The systems shall be
inspected at least annually, prior to the onset of the rainy season, by a Civil Engineer
licensed to practice in the State of California, to ensure the drainage systems are
1a
performing as designed and required in project approvals. The Civil Engineer shall
prepare a signed and sealed report of''the inspection';including findings regarding, the
condition'of the storm water detention.,and treatment systems, photo documentation, any
necessary proposed'modifications,and.a statement indicating that'the system,is operating '
as designed and required by project approvals:Theannual;report shall,besubmitted to the
City of Petaluma Planning Department and Department,of Public Works_ and°Utilities n o
later than October 15th of each year.
HYDRO-4. The project shall comply with the City of Petaluma Phase II Storm Water'Management
Plan requirements.
HYDRO-5. All storm draireinlets and-catch basins will be stenciled with prohibitive language (such as
"NO' DUMPING-DRAINS TO OCEAN) and/or graphical icons to discourage illegal
dumping.
HYDRO-6. The applicant shall pay the applicable City's Storm Drainage Impact.Fees calculated at
the time of building, permit issuance and a fair share portion shall be paid for each
residential unit prior final inspection of issuance of,a'Certificate,of Occupancy.
NOI.1. Due to the surrounding residential development and potentially intrusive noise generated
by construction activities, construction hours shall be restricted the hours of 7:00 am to
6:00pm.Monday;through' Friday and interior-only work=rnay he conducted on Saturdays
from 9:00 a.m. :to 5:00 p.m. Construction activities shall be prohibited on Sundays and
all federal, state, and local`holidays.
NOI-2. The project shall comply with interior noise standards of 45. dBA. To assure that interior
noise standards are achieved plans submitted for development permit shall include a
detailed acoustical 'analysis that identifies required window sound ratings, if any The
analysis shall also. identify which units Will require an alternative ventilation system
because the'windows.need to be in the closed position to meet-the indoor noise standard per
the State of'California.and the City of Petaluma requirement that interior noise levels be
reduced to a-CNEL of 45.dBA or less in habitable rooms.
CIRC-1. The proposed•monument sign at the extension.ofPark Lane and Maria Drive shall be set
back from the°access driveway approximately 10 feet to assure,sufficient line of sight.
CIRC--2. Traffic calming measures shall be employed to encourage low traveling vehicles on
internal,circulation including, crosswalks at comers, speed,bumps, and colored pavenienfto
visually identify pedestrian crossings.
CIRC-3. The intersection of Maria Drive and Park Lane shall be improved with yellow stripping
crosswalks to further enhance pedestrian safety at`the project access driveway and assure
safe crossing to the-MdDowell'ElementarySchool to the southeast
CIRC-4. The project applicant shall ,be responsible for the cost associated with the installation of
signage along the:frontage of the property at Maria Drive noting that Maria Drive is a Class
III Bike route.
Prepared By: -Alicia Giudice, Senior`Planner Date
Community'Development Department
EXHIBIT B.
City of Petaluma, California
Community Development Department
` Planning'Division
./858
11 English Street Petaluma, CA 94952
Project Name: Maria Drive
File Number: 12-GPA-0582
Address/Location: 35 Maria Drive, Petaluma
Mitigation Monitoring and Reporting Program
This Mitigation Monitoring and.Reporting Program (MMRP) has been prepared in conformance with
Section 21081.6 of the California Environmental Quality Act (CEQA) and Section 15097 of the CEQA
Guidelines. This document has been developed to ensure implementation of mitigation measures and
proper and adequate monitoring/reporting of such implementation. This MMRP shall be adopted in
conjunction with project approval,:which relies upon a Mitigated Negative Declaration.
It is the intent of this MMRP to: (1) document implementation of required mitigation; (2) identify
monitoring/reporting responsibility, be it the lead agency(City of Petaluma), other agency (responsible
or trustee agency), or a private entity (applicant, contractor, or project manager); (3) establish the
frequency and duration of monitoring/feporting; (4) provide a record of the monitoring/reporting; and
(5) ensure compliance. The City of Petaluma's Planning Commission has adopted those mitigation
measures within its responsibility to implement as binding conditions of approval.
The following table lists eachiof the mitigation measures adopted by the City in connection with project
approval, the timeframe to which the measure applies, the person/agency/permit responsible for
implementing the measure, and the status,of compliance-with the mitigation measure.
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ATTACHMENT 2
A RESOLUTION,OF THE CITY OF PETALUMA CITY COUNCIL
APPROVING A GENERAL,PLAN AMENDMENT TO CHANGE THE LAND USE
DESIGNATION FROM MIXED USE TO HIGH DENSITY RESIDENTIAL FOR THE
MARIA DRIVE APARTMENT PROJECT
LOCATED AT 35 MARIA DRIVE
APNs 007-280-078 & 077
FILE NO. 12-GPA-0582
WHEREAS, JDA West submitted an application for a General Plan Amendment to
change the land use designation of the project site located at 35 Maria Drive (APN 007-280-078
& 077) from Mixed Use to High Density Residential; and
WHEREAS,.the City's"Planning Commission held a duly noticed public hearing to
consider the proposed General.Plan Amendment on August 13, 20.13. A copy of the notice was
published in the Argus Courier, provided to residents and occupants within 500 feet of the
project site in compliance.with state and local law, and routed to appropriate agencies listed
under Government Code Section 65352; and
WHEREAS, the Petaluma Planning Commission considered the application and related
staff report and received and considered all written and oral public testimony submitted up to and
at the time of the public hearing in accordance with the City of Petaluma Implementing Zoning
Ordinance;and
WHEREAS, on August 13, 2013, the Planning Commission recommended approval of
the requested General Plan Amendment to change the General.Plan Land Use designation of the
subject parcel (APN 007-280-078 &'077) from Mixed Use to High Density Residential
WHEREAS, on October 21, 2013, at a duly noticed public hearing, the Petaluma City
Council considered the application and related staff report and received and considered all
written and oral public testimony submitted up to and at the time of the public hearing regarding
the requested General Plan Amendment to change the General Plan land use designation of the
subject site from Mixed Use to High.Density Residential and continued said hearing to allow the
applicant to redesign the proposed development to address privacy, height; massing and
compatibility concerns.
WHEREAS, on January 27, 2014, and February 3, 2014, at a duly noticed public
hearing, the Petaluma City Council considered the applicants proposed modifications to the
project, including redesign of the,roof; reduction in building height, elimination of the third story
element along the northern façade of the. building facing Washington Creek, addition of
clerestory windows on the remaining third story units facing- north onto Washington Creek,
increased tree size to 24-inch box containers along the northern property boundary and Maria
Drive frontage, and other'site and landscape improvements. At said hearing the City Council
considered related;staff report and received written and oral public testimony submitted up to and
at the time of the public hearing regarding the requested General Plan Amendment to change the
ATTACHMENT2
General Plan land use design ation of the subject site from Mixed Use to High Density
Residential.
NOW THEREFORE BE IT RESOLVED that the City Council hereby approves a
General Plan Amendment changing the General Plan Land Use designation of the subject parcel
(APN 007-280-078 & 077) from Mixed Use to High Density Residential based on the following
findings:
1. Modification of the land use designation to High Density Residential is consistent with
General Plan policies, which promote a range of land uses at densities and intensities to serve
the community needs within the Urban Growth Boundary (UGB) and to use land efficiently
by promoting infill development; at equal or higher density and intensity than surrounding
uses.
2. The change in General Plan land use designation is compatible with the neighboring Medium
Density Residential and Low Density Residential and would provide a mix of densities
within proximity to each other. The project is also in proximity to shopping, park and
educational facilities, and transit routes and stops, thereby promoting development in areas
that facilitate alternate modes of travel.
3. The General Plan amendment to change the land use designation to High Density residential
will not contribute a significant increase in vehicle trips compared to what has been evaluated
in the General Plan EIR, as maximum density under the Mixed Use designation and under
the High Density Residential designation are both 30 unitsper acre.
4. The General Plan amendmentto change the land use designation to High Density residential
will not contribute a significant increase in vehicle trips compared to vehicle trips generated
by the existing medical office development.
5. The City continues to face a high vacancy rate of approximately 25% for office space. The
project site,is currently developed as an office complex and has a vacancy rate of about 50%.
6. The City of Petaluma Housing Department supports the proposed density because it will fill a
need for market rate rental housing given the City's current a low vacancy rate of below 2%
in market rate rental housing.
7. The change of the land use designation to High Density Residential is consistent with
policies of the Petaluma General Plan 2025, which promote-residential development within
the Urban Growth Boundary and encourage the development of housing on underutilized
infill sites.
8. The public interest, public necessity, convenience and general welfare clearly permit and will
be furthered by the proposed amendment because the proposed amendment will allow the
conversion of highly vacant office complex into a high density rental housing development
within proximity to shopping, park and educational facilities, and transit routes. The site is
currently developed with a medical/office complex (constructed in the mid 70's) and
ATTACHMENT.2
associated site improvements such;as landscaping and lot improvements, which will
be demolished/removed. The officercomplex has had`a high vacancy rate for several years,
currently at about 50 percent compared to the,City's overall office vacancy rate of
approximately 25 percent. Absorbing the high vacancy rate for this site will be difficult
given the condition of the buildings and vacancy rates for the City in general. According the
Economic Development.Manager and documentation submitted by the applicant, vacancy
rates for rental housing is currently at approximately 2 percent. In addition, memos prepared
by BAE Urban Economics, dated July 25, 2013, and EFA dated July 26, 2013, demonstrate
that because the site does not have direct access to major corridors and is not visible from
existing shopping centers occupy this site with retail or officeuses is difficult.
9. Government Code Section 65358 allows General Plan amendments' it is deemed in the
public interest to do so. The proposed General Plan amendment would allow for
development of the property at a density ranging from 18.1 to 30 units per acre, which is
consistent with the density allowed under the existing land use designation. Residential
development at this density would support the existing nearby shopping centers due to
proximity of the site to 'these centers. Office vacancy rates within the city are currently at
approximately 25 percent and over 50% for this office 'complex. By comparison vacancy
rates for rental units are,at approximately 2 percent. The proposed amendment will facilitate
the conversion of highly .vacantoffice complex into a high density residential development
within proximity to retail shopping centers, park and-educational`,facilities, and transit routes.
10. State law limits the,number'.of-times a local agency can amend its general plan to no more
than four times per year. No other.General Plan Amendments have been approved for 2014.
11. In the public interest associated with the proposed General Plan Amendment, the applicant
has agreed achieve a minimum of 100 points under the current'Build It Green multi-family
checklist.
a(0
ATTACHMENT3
RESOLUTION OFTTHE CITY COUNGIL,OF THE CITY OF PETALUMA
ORDERING THE VACATION OF EXISTING PUBLICUTILITY EASEMENTS
ON ASSESSOR PARCEL NUMBERS 007-280-078 AND.007-280-077 PURSUANT
TO CALIFORNIA STREETS AND HIGHWAYS CODE SECTION 8300 AND
FOLLOWING
WHEREAS, pursuant to Section 8300 et seq. of the California Streets and
Highways Code, applicant 313A-West LLC ("Applicant"), requests-that the City vacate
existing public utility easements described in book 2992 of official records at pages 503
through 508 on parcel one and parcel two of Parcel Map 93 recorded on February 23,
1976, in book 230 of maps, page 32, and public utility easements shown on Parcel Map
number 79 recorded in book 225 of maps page 43 Sonoma County Records,
(collectively, "Easements"), said Easements located within the property located at 35
Maria Drive ("Property"), the proposed location of the;Maria Drive Apartments Project
("Project") and described on Exhibit A and Exhibit B of this resolution; and
WHEREAS, the Easements have been used for City water main facilities installed
in the Easements and serving the Property, and for other.public utility facilities installed
in the easements serving the Property with power, gas, and telecommunication services;
and
WHEREAS, it is proposed that all on-site water, sewer and storm drain utilities
serving the proposed Project on the Property will be privately owned and maintained,
obviating the need.for public utility easements located on the Property for water services
serving the Project;and
WHEREAS, in accordance with California Streets and Highways Code Section
8340, subdivision (c), as.a-result of in-place public utility facilities that are in use on the
Property for power, gas,.and telecommunication services, unless the public convenience
and necessity require otherwise, the City shall except from vacation of the Easements any
easement and right necessary to maintain, operate, replace, remove, or renew the in-
place, in-use public utility facilities for power, gas, and telecommunication services; and
WHEREAS, a. 10-foot wide public utility easement will be maintained along the
Property frontage on Maria Drive for future public utilities and water, sewer and storm
drain connections that may be necessary related to the Project or the Property; and
WHEREAS, pursuant to California Streets and Highways Code Section 8313,
subdivision (b) and California Government Code Section 65402, subdivisions (a) and (b),
submission of the proposed public utilities easement vacation to the Planning
Commission for a report is not required because the proposed vacation does not involve
acquisition of public property for street,square; park or other public purposes, disposal of
public property, vacation or abandonment of a street, or construction of a public building
or structure; and.
0-
WHEREAS; in accordance with California Streets and Highways Code Section
8333,, the proposed vacation of•the Easements does not qualifyy for summary vacation
procedures pursuant, to California Streets and Highways Code Section 8330 and
following because the Easements have been used for the purposes for which they were
dedicated and have not been superseded by relocation; and
WHEREAS, in accordance with California Streets and Highways Code Sections
8320, 8321, and 8322, published, notice of a public hearing on the proposed vacation of
the Easements giving the time and place of the hearing,'a,description of the public utility
easements to be vacated, and a reference to a map or plan that shows the area to be
vacated beginning at least 15 days before the public hearing has been given for two
successive weeks in the Petaluma Argus Courier; and
WHEREAS, in accordance with California Streets and Highways Code Section
8323, such hearing notice information was also posted along the line of the Easements
proposed to be vacated in at least 3 locations not more than 300 feet apart at least two
weeks before the day set for the hearing; and
WHEREAS, the proposed vacation of the Easements is consistent with the
Petaluma General Plan 2025 because it will not conflict with General Plan's goal (GOAL
8-G-1) to provide a safe, reliable, high-quality, economical and sustainable source of
water to meet the community's needs, because all on-site,water, sewer and storm drain
utilities shall be privately owned and maintained, obviating the need to retain the
Easements located on the Property for water services serving the Project, and the
Applicant will be required to have private meters within the property line; and
WHEREAS, on February 3, 2014 the City Council reviewed the California
Environmental Quality Act ("CEQA") evaluation for the Project and adopted the
Mitigated Negative Declaration and Mitigation Monitoring Report for the Project, all in
accordance with CEQA and the City of Petaluma Environmental Guidelines; and
WHEREAS, the Petaluma City Council, having duly received and considered all of
the evidence concerning, the facts in this proceeding, finds from all the evidence
submitted that the Easements as described in this resolution and its exhibits are
unnecessary for present or prospective purposes related to public water utilities;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Petaluma, pursuant to and in accordance with the authority contained in Division 9, Part
3, Chapter 3 of the California Streets and Highways Code, including but not limited to
Streets and Highways Code Section 8320, makes the following findings:
1. That the Easements for public utilities described in Exhibits A and B hereto, which
are incorporated herein by reference be, and the same are hereby ordered vacated,
abandoned and forever closed to public use for City water utility purposes with the
following:conditions:
�,U
a: 'In 'accordance; with California ,Streets and Highways Code' section 8340,
subdivision (b), the City reserves and excepts from the;vacation pursuant to this
rc"solution_ any easement and right necessary= to maintain, operate; replace,
remove, or renew the in=place, in-use public utilities for power, gas, and
telecommunications services within the Easements.
b. If this vacation resolution is not recorded within two years of adoption, the
vacation shall betonsidered null and void.
2. That, subject to the reservation for in-place, in-use public.utilities specified in 1(a),
above, from and after the date this Resolution is recorded, the Vacated public utility
easements described in Exhibits A and B no longer_ constitute public service
easements.
3. That the City Clerk°is.directed to cause a certified copy of this Resolution, attested by
said Clerk under the seal of said City, to be recorded in the Office of the Recorder of
Sonoma County, California.
ATTACHMENT 4
ORDINANCE;OF THE CITICCOUNCIL OF THE,CITY OF PETALUMA.AMENDING'
THE ZONING MAP'CONTAINED IN THE IMPLEMENTING ZONING ORDINANCE,
ORDINANCE NO. 2300=N;C S,TO CHANGE THE ZONING OF THE PROPERTY
LOCATED AT 35 MARIA DRIVE.FROM:PUD-MEDICAL OFFICE DISTRICT TO'R'-5_
APNs 007-280-077 and 078
WHEREAS,.JDA West.LLC submitted application to the City of Petaluma for a Zoning
Map Amendment to change:the zoning of the property located at 35 Maria Drive (APNs 007-
280-077 and 078) from PUD-Medical Office to R-5 for the purposes of redeveloping the site
with the Maria Drive Apartment project; and
WHEREAS, the City's Planning Commission, held a duly noticed public hearing to
consider the proposed Zoning Map Amendment on August 13, 2013 and recommended City
Council approval of said amendment;,and,
WHEREAS, on October 21,, 2013, January 27, 2014 and February 3, 2014, the City
Council held duly noticed public,hearings to consider the proposed Zoning Map Amendment;
and,
WHEREAS,.on February 3, 2014, the City Council considered CEQA evaluation for the
Project and adopted the Mitigated Negative Declaration and Mitigation Monitoring Report for
the Project, all in ,accordance with the California Environmental Quality Act and the City of
Petaluma Environmental Guidelines; and
WHEREAS,,on February 3, 2013 the City Council approved a General Plan Amendment
to change the land use designation of•the property located at 35 Maria Drive to High Density
Residential.
FINDINGS
1. The proposed zoning 'map amendment to rezone the subject parcels from PUD-
Planned Unit. District'(APN's 007-280-078' & 077) to R=5 is consistent with and
implements the proposed_ High Density Residential land use classification of the
General Plan 2025.
2. The proposed rezoning to. R-5 is consistent with the Petaluma General Plan 2025
Housing Element policies which promote residential development within the Urban
Growth Boundary (Policy 71-P-1.1) and encourage the development of housing on
underutilized.land (Policy 11-P-1.2).
3. The proposed amendment is also consistent with the General Plan policies as set forth
•
in Resolution No. '2013-XXX. N.C.S. amending the General Plan adopted herewith
and incorporated herein by reference.
SD
4.: The public necessity, convenience and general welfare, clearly permit and will be
furthered by the-proposed amendment because the proposed amendment`will allow
the conversion of highly vacant .office complex into :;a high density residential
development within proximity to shopping, park and educational facilities, and transit
routes.
NOW, THEREFORE, BE IT ORDAINED BY'THE`COUNCIL OF THE CITY OF
PETALUMA AS FOLLOWS:
Section 1. The Zoning Map contained in the Implementing Zoning Ordinance is hereby
amended to modify the zoning;district of the property located at 35 Maria Drive (APN 007-280-
077 and -078) to R-5.
Section,2. The City Council finds that.a Mitigated Negative Declaration and Mitigation
Monitoring Plan for this project has been prepared, circulated and adopted by the City Council in
accordance with State Law.
Section 3. If any provision of this ordinance or the application thereof to any person or
circumstance is held invalid, the remainder of the ordinance, including the application of such
part or provision to other persons or circumstances shall not be affected thereby and shall
continue in full force and effect To this end, provisions of this ordinance are severable. The
City Council hereby declares that:it would have passed each section, subsection, subdivision,
paragraph, sentence, clause;, or phrase hereof irrespective of the fact that any one or more
sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held
unconstitutional, invalid, or unenforceable.
Section 4. This ordinance shall become effective thirty (30) days after the date of its
adoption by the Petaluma City Council.
Section 5. The City Clerk is hereby directed to publish or post this ordinance or a
synopsis for the period and in the manner provided by the City Charter and any other applicable
law.
INTRODUCED and ordered posted/published.this 3`d day of February,.2014.
ADOPTED this day of , 2014 by the following vote:
a1