HomeMy WebLinkAboutStaff Report 3.B 01/23/2017Agenda Item #3.8
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DATE: January 23, 2017
TO: Honorable Mayor and Members of the City Council through City Manager
FROM: Kevin Colin, Deputy Planning Manager
Heather Hines, Planning Manager
SUBJECT: Adoption (Second Reading) of an Ordinance to Carry Out the Remaining
Terms of the Pre - Annexation Agreement Related to the Quarry Heights
Project and Pertaining to Certain Properties Adjacent to Petaluma Blvd
South and Generally East of McNear Avenue and West of US 101.
RECOMMENDATION
It is recommended that the City Council Adopt an Ordinance pre- zoning APN 019- 210 -009, -
013,-014,-021,-022,-025,-029,-032,-033,-034,-035,-036 to Residential (R4) and APN 019-
210 -005, -006, -007, -008, -010, -038 and -039 to Mixed Use lA (MUTA) for the Lomas
Annexation concerning parcels adjacent to Petaluma Blvd South and generally east of McNear
Avenue and west of U.S. Highway 101.
BACKGROUND
At their meeting of January 9, 2017, the City Council unanimously approved introduction of an
ordinance to pre- rezone parcels related to the Lomas Annexation and located adjacent to
Petaluma Boulevard South and generally east of McNear Avenue and west of U.S. Highway 101.
At the same meeting the City Council approved, also by unanimous vote, a resolution adopting a
Negative Declaration and a separate resolution of application for reorganization of the
aforementioned property.
The ordinance was introduced (as presented) at the hearing. No changes were made.
ATTACHMENT
1. Draft Ordinance
ATTACHMENT 1
AN ORDINANCE OF THE PETALUMA CITY COUNCIL PRE- ZONING
ASSESSORS PARCELS NOS. APN 019- 210 -009, -013, -014, -021, -022, -025, -029, -
032, -033, -034, -035, -036 TO RESIDENTIAL (R4) AND ASSESSORS PARCEL
NOS. 019 - 210 -005, -006, -007, -008, -010, -038 AND -039 TO MIXED USE lA
(MU1A) FOR THE LOMAS ANNEXATION CONCERNING PARCELS
ADJACENT TO PETALUMA BLVD SOUTH AND GENERALLY EAST OF
MCNEAR AVENUE AND WEST OF U.S. HIGHWAY 101
APNs 019 -210 -010, -038, -039, -005, -006, -007, -008, -009, -013, -014, -021, -
022, -025, -029, -032, -033, -034, -035 and -036
PROJECT FILE No: 07 -ANX -0623
WHEREAS, on June 6, 2005, the City Council adopted Resolution No. 2005 -087 N.C.S.
supporting an application to the Sonoma County Local Agency Formation Commission
(LAFCO) for Assessor's Parcel Numbers 019 -210 -010, -011, -026, -038, and -039 and 019 -220-
012 and -027 for a project known as the Lomas Residential Development and pursuant to the
Cortese/Knox Local Government Reorganization Act of 1985; and
WHEREAS, on June 19, 2006, the City Council adopted Resolution No. 2006 -119
N.C.S. authorizing the City Manager to execute a memorandum of understanding with the
County of Sonoma regarding jurisdiction over compliance with the Petaluma Quarry Revised
Reclamation Plan and also an agreement with South Petaluma Partners LLC regarding a two -part
annexation of various unincorporated properties along the vicinity of Petaluma Boulevard South;
and
WHEREAS, on August 8, 2006, a Pre - Annexation Agreement Regarding Two -Park
Annexation and Restrictive Covenants was entered into between the City of Petaluma and South
Petaluma Partners LLC and recorded as Document No. 2006097772; and
WHEREAS, on October 4, 2006, the Sonoma County LAFCO adopted Resolution No.
2518 approving the annexation supported by City Council Resolution No. 2005 -087 N.C.S. but
with Condition No. 3 (a) which reads in full,
"Not later than 30 days after the City receives notice from the County of Sonoma of the
completion of reclamation of APNs 019 -210 -010, 019 - 210 -038, and 019 -210 -039, the City
and /or the Applicant shall initiate proceedings with the Commission for the annexation of APNs
019 - 210 -005, 019 -210 -006, 019 -210 -007, 019 -210 -008, 019 - 210 -009, 019 -210 -013, 019 -210-
014, 019- 210 -021, 019 - 210 -022, 019 -210 -025, 019 -210 -029, 019 -210 -033, 019- 210 -034, 019-
210 -035, and 019- 210 -036 to the City "; and
WHEREAS, on December 2, 2015, the County of Sonoma provided notice to the
California Office of Mine Reclamation, pursuant to the provisions of the Surface Mining and
Reclamation Act of 1975, that the Petaluma Quarry (State Mine Id# 91 -49 -0012) was fully
reclaimed as specified by the adopted reclamation plan; and
WHEREAS, on January 20, 2016, the California Office of Mine Reclamation responded
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to the County of Sonoma's December 2, 2015 notice and concurred the Petaluma Quarry (State
Mine Id# 91 -49 -0012) had been substantially reclaimed in accordance with the approved
reclamation plan and, therefore, the County has fulfilled the requirements of California Code of
Regulations §3805.05; and
WHEREAS, the City Council has by separate resolution initiated annexation
proceedings as required by Condition No. 3(a) of Sonoma County LAFCO adopted Resolution
No. 2518; and
WHEREAS, pursuant to Section 56375(a)(7) of the Cortese/Knox Local Government
Reorganization Act of 1985, all territory proposed for annexation into a city shall be based on the
General Plan and pre - zoned; and
WHEREAS, pursuant to the Sonoma Local Agency Formation Commission: Policies,
Procedures and Guidelines (Revised June 2013), it is the policy of the Sonoma County LAFCO
that, "The Executive Officer shall not accept proposals involving annexation to a city for filing
unless accompanied by an ordinance or other proof that the city council of the affected city pre -
zoned the affected territory pursuant to Government Code §56375"; and
WHEREAS, the properties located north of Petaluma Blvd South and subject to
annexation are designated Mixed Use by the Petaluma General Plan and the pre- zoning of those
parcels to Mixed Use IA (MUlA) is, pursuant to Implementing Zoning Ordinance Table 2 -1,
considered consistent with the General Plan designation of Mixed Use; and
WHEREAS, the properties located south of Petaluma Blvd South and subject to
annexation are designated Medium Density Residential by the Petaluma General Plan and the
pre- zoning of those parcels to Residential 4 (R4) is, pursuant to Implementing Zoning Ordinance
Table 2 -1, considered consistent with the General Plan designation of Medium Density
Residential; and
WHEREAS, on November 8, 2016, the Planning Commission held a duly noticed public
hearing, pursuant to Implementing Zoning Ordinance §25.050, to consider the proposed pre -
zoning, at which time all interested parties had the opportunity to be heard; and
WHEREAS, on November 8, 2016 and prior to acting on this request, the Planning
Commission considered staff report analyzing the application, including the California
Environmental Quality Act (CEQA) determination therein; and
WHEREAS, on November 8, 2016 and prior to acting on this request, the Planning
Commission considered and recommended approval of a Negative Declaration prepared pursuant
to the California Environmental Quality Act ( "CEQA "); and
WHEREAS, on January 9, 2017, the City Council held a duly noticed public hearing,
pursuant to Implementing Zoning Ordinance §25.050, to consider the proposed pre- zoning, at
which time all interested parties had the opportunity to be heard; and
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL FO THE CITY OF
PETALUMA AS FOLLOWS:
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Section 1: Findings. The City Council approves the pre -zone proposal based on the
findings made below:
1. The proposed Zoning Map amendment is, pursuant to Implementing Zoning
Ordinance Table 2 -1, consistent with the Petaluma General Plan.
2. The project is consistent with the public necessity, convenience, and general
welfare in that it enables the future consideration of development in a manner consistent with the
Petaluma General Plan.
Section 2: Zoning Map. The Zoning Map codified at Chapter 2 of the Implementing
Zoning Ordinance is hereby amended, as follows:
1. Assessor's Parcel Numbers 019 - 210 -005, -006, -007, -008, -010, -038 AND -039,
located north of Petaluma Blvd South, are assigned a Mixed Use lA (MUlA) designation; and
2. Assessor's Parcel Numbers 019 -210 -009, -013, -014, -021, -022, -025, -029, -032,
-033, -034, -035, -036, located south of Petaluma Blvd South, are assigned a Residential 4 (R4)
designation.
Section 3: Severability. 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. Effective Date. This ordinance shall become effective thirty (30) days after
the date of its adoption by the Petaluma City Council.
Section 5. Posting/Publishing of Notice. The City Clerk is hereby directed to post
and/or publish this ordinance or a synopsis of it for the period and in the manner required by the
City Charter.
INTRODUCED and ordered posted /published this 9th day of January, 2017.
ADOPTED this 23`a day of January, 2017 by the following vote:
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