HomeMy WebLinkAboutOrdinance 2595 N.C.S. 01/23/20171
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EFFECTIVE DATE
OF ORDINANCE
February 23, 2017
Introduced by
Gabe Kearney
ORDINANCE NO. 2595 N.C.S.
Seconded by
Kathy Miller
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 (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
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
24 WHEREAS, on June 19, 2006, the City Council adopted Resolution No. 2006 -119 N.C.S.
25 authorizing the City Manager to execute a memorandum of understanding with the County of
26 Sonoma regarding jurisdiction over compliance with the Petaluma Quarry Revised Reclamation
27 Plan and also an agreement with South Petaluma Partners LLC regarding a two -part annexation
28 of various unincorporated properties along the vicinity of Petaluma Boulevard South; and
29 WHEREAS, on August 8, 2006, a Pre - Annexation Agreement Regarding Two -Park
30 Annexation and Restrictive Covenants was entered into between the City of Petaluma and
31 South Petaluma Partners LLC and recorded as Document No. 2006097772; and
32 WHEREAS, on October 4, 2006, the Sonoma County LAFCO adopted Resolution No. 2518
33 approving the annexation supported by City Council Resolution No. 2005 -087 N.C.S. but with
34 Condition No. 3(a) which reads in full,
35 "Not later than 30 days after the City receives notice from the County of Sonoma of the
36 completion of reclamation of APNs 019 - 210 -010, 019 -210 -038, and 019- 210 -039, the City and /or
37 the Applicant shall initiate proceedings with the Commission for the annexation of APNs 019 -210-
38 005, 019 -210 -006, 019 -210 -007, 019 -210 -008, 019- 210 -009, 019- 210 -013, 019 -210 -014, 019 -210 -021,
39 019 -210 -022, 019 - 210 -025, 019 - 210 -029, 019 -210 -033, 019 -210 -034, 019 -210 -035, and 019 -210 -036 to
40 the City "; and
41 WHEREAS, on December 2, 2015, the County of Sonoma provided notice to the California
Ordinance No. 2595 N.C.S. Page 1
1 Office of Mine Reclamation, pursuant to the provisions of the Surface Mining and Reclamation
2 Act of 1975, that the Petaluma Quarry (State Mine Id# 91 -49 -0012) was fully reclaimed as
3 specified by the adopted reclamation plan; and
4 WHEREAS, on January 20, 2016, the California Office of Mine Reclamation responded to
5 the County of Sonoma's December 2, 2015 notice and concurred the Petaluma Quarry (State
6 Mine Id# 91 -49 -0012) had been substantially reclaimed in accordance with the approved
7 reclamation plan and, therefore, the County has fulfilled the requirements of California Code of
8 Regulations §3805.05; and
9 WHEREAS, the City Council has by separate resolution initiated annexation proceedings
10 as required by Condition No. 3(a) of Sonoma County LAFCO adopted Resolution No. 2518; and
11 WHEREAS, pursuant to Section 56375(a) (7) of the Cortese /Knox Local Government
12 Reorganization Act of 1985, all territory proposed for annexation into a city shall be based on the
13 General Plan and pre- zoned; and
14 WHEREAS, pursuant to the Sonoma Local Agency Formation Commission: Policies,
15 Procedures and Guidelines (Revised June 2013), it is the policy of the Sonoma County LAFCO
16 that, "The Executive Officer shall not accept proposals involving annexation to a city for filing
17 unless accompanied by an ordinance or other proof that the city council of the affected city
18 pre -zoned the affected territory pursuant to Government Code §56375 "; and
19 WHEREAS, the properties located north of Petaluma Blvd South and subject to
20 annexation are designated Mixed Use by the Petaluma General Plan and the pre- zoning of
21 those parcels to Mixed Use I (MUTA) is, pursuant to Implementing Zoning Ordinance Table 2 -1,
22 considered consistent with the General Plan designation of Mixed Use; and
23 WHEREAS, the properties located south of Petaluma Blvd South and subject to
24 annexation are designated Medium Density Residential by the Petaluma General Plan and the
25 pre- zoning of those parcels to Residential 4 (R4) is, pursuant to Implementing Zoning Ordinance
26 Table 2 -1, considered consistent with the General Plan designation of Medium Density
27 Residential; and
28 WHEREAS, on November 8, 2016, the Planning Commission held a duly noticed public
29 hearing, pursuant to Implementing Zoning Ordinance §25.050, to consider the proposed pre -
30 zoning, at which time all interested parties had the opportunity to be heard; and
31 WHEREAS, on November 8, 2016 and prior to acting on this request, the Planning
32 Commission considered staff report analyzing the application, including the California
33 Environmental Quality Act (CEQA) determination therein; and
34 WHEREAS, on November 8, 2016 and prior to acting on this request, the Planning
35 Commission considered and recommended approval of a Negative Declaration prepared
36 pursuant to the California Environmental Quality Act ( "CEQA "); and
37 WHEREAS, on January 9, 2017, the City Council held a duly noticed public hearing,
38 pursuant to Implementing Zoning Ordinance §25.050, to consider the proposed pre- zoning, at
39 which time all interested parties had the opportunity to be heard; and
40 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL FO THE CITY OF PETALUMA AS
41 FOLLOWS:
42
Ordinance No. 2595 N.C.S. Page 2
1 Section 1: Findings. The City Council approves the pre -zone proposal based on the
2 findings made below:
3 1. The proposed Zoning Map amendment is, pursuant to Implementing Zoning
4 Ordinance Table 2 -1, consistent with the Petaluma General Plan.
5 2. The project is consistent with the public necessity, convenience, and general
6 welfare in that it enables the future consideration of development in a manner consistent with
7 the Petaluma General Plan.
8 Section 2: Zoning Map. The Zoning Map codified at Chapter 2 of the Implementing
9 Zoning Ordinance is hereby amended, as follows:
10 1. Assessor's Parcel Numbers 019 -210 -005, -006, -007, -008, -010, -038 AND -039,
11 located north of Petaluma Blvd South, are assigned a Mixed Use 1 A (MU 1 A) designation; and
12 2. Assessor's Parcel Numbers 019-210-009,-013,-014,-021,-022,-025,-029,-032,-033,
13 -034, -035, -036, located south of Petaluma Blvd South, are assigned a Residential 4 (R4)
14 designation.
15 Section 3: Severability. If any provision of this ordinance or the application thereof to any
16 person or circumstance is held invalid, the remainder of the ordinance, including the application
17 of such part or provision to other persons or circumstances shall not be affected thereby and
18 shall continue in full force and effect. To this end, provisions of this ordinance are severable. The
19 City Council hereby declares that it would have passed each section, subsection, subdivision,
20 paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more
21 sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held
22 unconstitutional, invalid, or unenforceable.
23 Section 4. Effective Date. This ordinance shall become effective thirty (30) days after the
24 date of its adoption by the Petaluma City Council.
25 Section 5. Posting /Publishing of Notice. The City Clerk is hereby directed to post and /or
26 publish this ordinance or a synopsis of it for the period and in the manner required by the City
27 Charter.
28 INTRODUCED and ordered published /posted this 9th day of January, 2017
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30 ADOPTED this 23rd day of January, 2017, by the following vote:
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Ayes:
Albertson, Vice Mayor Barrett, Mayor Glass, Healy, Kearney, King, Miller
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Noes:
None
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Abstain:
None
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Absent:
None
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°' e
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k �m
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David Glass, Mayor
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Ordinance No. 2595 N.C.S. Page 3
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ATTEST: APPROVED ATO FORM:
t � a
:
Claire Cooper, City Clerk Eric W, Danly, ity Attorney
Ordinance No. 2595 N.C.S.
Page 4