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HomeMy WebLinkAboutStaff Report 6.E 07/15/2019DATE: TO: f'•T, July 15, 2019 Honorable Mayor and Members of the City Council through City Manager Heather Hines, Planning Manager SUBJECT: Introduction (First Readings) of Ordinances: Approving Lot Line Adjustment and Conveyance to the City of Petaluma of.a Portion of Fee Parcel Currently Part of APN 006-163-028 Located on Water St. North and Owned by Water Street Properties L.L.C. to Merge the Conveyed Land with APN 006-163-051 Currently Owned by the City; Approving Lot Line Adjustment and Conveyance to Water Street Properties LLC of a Portion of Fee Parcel Currently Part of APN 006-163-051 Owned by the City to Merge the Conveyed Land with APN 006-163-0512 Currently Owned by Water Street Properties LLC; and Rezoning an Approximately 2,130 Square Foot Portion of Parcel No. 006463-052 (previously part of city owned parcel 006-163-051) Owned by Water Street L.L.C. from CS to T5; and: Adoption of Resolution Approving Non -Summary Vacation of an Existing Public Utility Easement Located on APN 006-163-052 Currently Owned by Water Street Properties LLC, Subject to Conditions Specified in the Vacation Resolution. RECOMMENDATION It is recommended that the City Council: • Introduce an Ordinance approving a Lot Line Adjustment and Conveyance to the City of Petaluma of a portion of fee parcel APN 006-163-028 located on Water St. North and owned by Water Street Properties, L.L.C. to merge the conveyed land with APN 006-163- 051 currently owned by the City; • Introduce an Ordinance approving a Lot Line Adjustment and Conveyance to Water Street Properties, L.L.C. of a portion of fee parcel APN 006-163-051 owned by the City to merge the conveyed land with APN 006-163-052 currently owned by Water Street Properties, L.L.C.; • Introduce an Ordinance Rezoning an approximately 2,130 square foot portion of APN 0064 63-052 (previously part of City owned parcel 006-163-051) owned by Water Street Properties, L.L.C. from CS (Civic Space) to T5 (Urban Center); and • Adopt a Resolution approving non -summary vacation of an existing public utility easement located on APN 006-153-052 currently owned by Water Street Properties, L.L.C., subject to conditions specified in the vacation resolution. Page 1 BACKGROUND Project Location and Ex#a g it M3 The project involves two parcels (APN 006-163-052 and 006463-028) located on Water Street North and owned by Water Street Properties, L.L.C. (Applicant), and one adjacent parcel (006- 163-051) owned by the City of Petaluma. More specifically, the properties owned by the Applicant. include 006463-052, which is an approximately 29,620 square foot (.68 acre) parcel zoned T5 (Urban Center), and 006-163-028, an approximately 7,400 square foot (.17 acre) parcel zoned CS (Civic Space). The City -owned property, APN 006463-051, is approximately 8,600 square -feet, is also within the CS Zone, and contains a City pump station and gravel road accessed from the existing northern terminus of Water Street. (Figure 1: Existing Ownership) The Petaluma River adjoins both the City's parcel and the CS zoned Applicant -owned parcel on the eastern edge. Neighboring lots include the North River Apartments development site to the north, Lot 40, and three additional properties owned by Water Street Properties, L.L.C., west and south of the subject site (Lots 05, 25, and 53) (Figure 1). These neighboring properties are mostly within the T5 zone, which permits higher density, mixed-use buildings. The exception is three parcels within the CS zone which allows civic oriented uses such as public facilities and parks (Figure 2: Existing Zoning).. Although the project directly involves the three properties described above, the proposal serves an important role in facilitating the development of the broader area between East Washington Street and Lakeville Street, west of the Petaluma River. Water Street North Extension On January 23, 2018, the Planning Commission approved the North River Apartments project, a residential mixed-use development (184 units and 5,000 square feet of commercial) on Water Street North and Petaluma Boulevard North (Figure 1). This approval included a condition that the developer of North River Apartments, the Spanos Corporation, also construct extensions of both Water Street North and Oak Street. The Planning Commission required completion of these public streets with the intent that they serve as a catalyst for the area and facilitate the activation of downtown Petaluma's northern riverfront, as well as provide a connection between Petaluma Boulevard North and East Washington Street. As required, the Water Street extension also includes construction of a 10 -foot wide waterfront bike and pedestrian path that connects Water Street to the Lynch Creek trail via the Copeland Street Bridge. The proposed multi -use path will turn from Water Street at the City -owned parcel (Lot 51) to align with the access route to the sewer pump station, where it will then follow the riverbank to the bridge and connect to the Lynch Creek trail. Upon construction of the North River Apartment buildings, the path will also extend beyond the pump station and loop back to the intersection of Water and Oak Streets. Public improvement plans for the construction of Water Street Nort h and Oak Street are currently under review by City staff, while the Spanos Corporation pursues acquisition of the land necessary to complete these roads and otherwise prepares for construction of the streets and related improvements. The Oak Street extension, is entirely within the North River Apartment development boundaries; however, the Water Street extension crosses 25 separate properties and requires coordination among the public and private ownership of those lots. The Applicant, Water Street Properties, L.L.C., must dedicate the entirety of Lot 53 (.26 acres), as well as portions of Lots 05, 22, 25, 28 and 52 to facilitate acquisition of needed right-of-way and construction of Page 2 Water Street North. To facilitate the improvements described above, the Planning Commission approval of the North River Apartments anticipates a subsequent City Council action to form a benefit assessment district and approve a reimbursement agreement with the Spanos Corporation. Formation of the benefit assessment district and execution of the reimbursement agreement will establish a mechanism for properties that benefit from the construction of Water and Oak Streets and that also develop while the reimbursement agreement is in effect, to reimburse the Spanos Corporation for a proportionate share of the cost of constructing Water and Oak Streets. ■ Water Street Properties EL IIIA ' � TAX RA TE AREA ■ City Owned ,0 J-000 Property q�GI J-060 El North River 9� Apartments Site ♦% ROTA" � l WON J 1 I�KI • .IIQ iI _ tie �•`-� ii l.ee/ !she iii•,atu 04 IS ' (16 ~1 � • M/S !!I - N I 1 5 see r re asN 1 ci 0 03 (MAIN Sr) Figure 1: Existing Ownership Page 3 T5 Urban Center Zone .;EL ASA ■ Civic Space ' Zone � � I t rY 001 TAX RATE AREA ,Joh J3 000 J3 060 doRp t3 t"AM-M r, .IMJt"+ ..III I toy84 '�---- : _• ,. •PLM �.._... .... , (MA/N ST. J Figure 2: Existing Zoning Project Description In coordination with the active public improvement plans for Water Street North, Oak Street, and the pedestrian and bicycle path, Water Street Properties, L.L.C., is requesting the following approvals from the City Council: 1. Approval of a Lot Line Adjustment and Conveyance to the City of Petaluma of an approximately 2,855 square foot portion of APN 006-163-028 owned by Water Street Properties, L.L.C. to merge the conveyed land with APN 006463-051 currently owned by the City; and 2. Approval of a Lot Line Adjustment and Conveyance to Water Street Properties, L.L.C., of an approximately 2,130 square foot portion of APN 006463-051 owned by the City to merge the conveyed land with APN 006463-052 currently owned by Water Street Properties, L.L.C.; and 3. Approval of a Zoning Map Amendment to the SmartCode rezoning an approximately 2,130 square foot portion of Parcel No. 006-163-052 (previously part of City -owned parcel 006- 163-051) Owned by Water Street Properties, L.L.C. from CS to T5; and 4. Approval of a non -summary vacation of an existing public utility easement located on APN 00645M52 currently owned by Water Street Properties L.L.0 and relocation. of the existing sewer line within the City's reconfigured property APN 006463-051. These changes in ownership. and parcel configuration are shown below in Figure 3: Proposed ownership and proposed changes in zoning are shown in Figure 4: Proposed Zoning. The existing and proposed location of the sewer line is illustrated in Figure 5: Proposed Sewer Line Relocation. i _ __ ■ Water Street . %Properties LLC I City Ownership wqos a .Mc R h KAMMM no Y7O L7oR't •� MK (] 730 try 1 7 J. PFLoOYp MARR STRC[i r.�.li �. ws..o�up O ri. llAit` V I�Y�Ya' M .R/f �•. 1 IMl•a!I ;�4 I �1 Figure 3: Proposed Ownership Page 5 pRoposm r,oan7 7a�R AVART1iEN1S 571E lor p. R,=COY �v r.u+ sroN0. m. i.mof 1M01 TD Y7(1 ffIIi � ..orQrci p.�fo ta7 L"Kn Tp YTp %TFW FW""foa to 1h r -i r tIr �. J r ppppOSW WATER STRUT � rclit gm T5 Urban Center Zone ■ Civic Space Zone �M�R AVR 1 .n iN. �: f met (w1 s rp awr waRu�� Figure 4: Proposed Zoning - �kkk ,. I I nIN \f ._• Q few It, IN f N I ANOW4. ye It • I Ito k i Existing Sewer Line r'" Proposed >F'. suss Sewer Line It I Mine Figure 5: Proposed Sewer Line Relocation For Water Street Properties, L.L.C., this proposal results in the consolidation of their developable property, whereby the Applicant gains a 2,130 square foot portion of Lot 51, rezoned to T5, and benefits from the vacation of the public utility easement that currently bisects Lot 52. In exchange, the applicant has agreed to conditions that would: • secure property within the adopted plan line for right -of --way needed to construct the Water Street North extension, • convey an approximately 2,616 square -foot portion of the river -fronting Lot 28 (zoned CS) to the City of Petaluma, • commit the applicant to developing and maintaining the remaining area of Lot 28 (approximately 4,134 square feet) as civic space, as part of the applicant's future development proposal on the neighboring properties (006-163-052, 005, and 025), • seek feedback from the Recreation, Music, and Parks Commission regarding the improvement of the civic space prior to Planning Commission consideration of the applicant's future development, and • coordinate with City staff on the surface treatment of the re -aligned pump station access road so that it will sensitively transition between the multi -use path and the future civic space. For the City and for property owners in the area between Washington Street, Petaluma Boulevard North, the planned Oak Street extension and the Petaluma River, the proposal as conditioned will facilitate completion of the Water Street North extension, require future development of the Water Street Properties, L.L.C. land to construct civic space on privately owned property, enhance the connection to the Lynch Creek Trail, and extend the City's riverfront property for public access. As conditioned, the project also grants a degree of certainty relative to how the future civic space will be developed, requiring that it comply with the parameters set forth in SmartCode Table §4.50.030.A. This is important because, as discussed in the March 26, 2019 Planning Commission Staff Report (Attachment 5), the SmartCode identifies Civic Space -as both a "zone" and a "land use." As a land use, civic spaces (i.e. community parks, neighborhood squares, and pocket plazas), are subject to the requirements of SmartCode Table §4.50.030.A, but only within the T1 -T5 transect zones. Within the Civic Space zone, the SmartCode does not establish civic space land use standards, inherently providing flexibility for civic uses or spaces that could range from a City services building, like a pump station, to a park. Finally, approval of the Water Street Propert ies, L.L.C. application before the Council will, in return for the enhanced developability of the applicant's land that results, finalize the acquisition A virtually all of the remaining land needed in the Water Street plan line for construction of Water Street by the Spanos Corporation, preserve the City's access to its pump station, enhance pedestrian access along the Petaluma River, and deliver a future improvement of civic space land at the Petaluma River at no cost to the City. This is the last major transactional component required to accomplish the construction of Water Street and Oak Street, which will pave the way for the development and revitalization of this part of the City. Timing of Actions and Conditions The four actions before the City Council for consideration include introduction of two separate ordinances, each one conveying a parcel of land and approving associated lot line adjustments (and Page 7 together, accomplishing a land swap between the City and Water Street Properties, L.L.C.), introduction of an ordinance approving a Zoning Text Amendment to rezone approximately 2,130 square feet of property currently zoned Civic Space to T5, and adoption of a resolution to vacate the existing public utility easement for sewer facilities on APN 006453-052 once the relocated sewer line intended to replace the existing sewer is completed and fully functional. The proposed vacation of the existing public utility easement across 006-163-052 is subject to the general vacation statutes in Chapter 3 of Part 3 of Division 9 of the California Streets and Highways Code, which authorizes municipalities to vacate a public service easement when it is . found to be unnecessary for present or prospective public use. Additionally, a resolution for vacation under the general vacation statutes may also provide that the vacation occurs only after required conditions have been satisfied, and that the resolution of vacation not be recorded until that time. In this case, the general vacation statute is being used to permit the Council to take its vacation action at this time subject to staff's verification at some later time that the relocated sewer line is complete and functioning as required, at which time the existing sewer line will no longer be needed. Relocation of the sewer line and vacation of the existing easement allows for consolidated development on Lot 52, increasing the property's value and its development potential, in consideration for the land conveyances being provided by Water Street Properties, L.L.C., for construction of Water Street. Further, as described in the March 26, 2019 Planning Commission Staff Report (Attachment 5), the increased development potential of the site is supported by General Plan Policies 1-P-2 and 1-1`42, as it avails an under -developed site to achieve an intensity of land uses consistent with the General Plan. To provide a level ofconfidence for the Council relative to the future sewer line relocation in relation to the land conveyances, lot line adjustments, mergers and rezoning, staff has included provisions in the attached vacation resolution requiring the following: a) Adoption by the City Council of an ordinance approving lot line adjustment and conveyance to the applicant of a portion of the fee parcel currently part of APN 006-163-051 located on Water Street North in Petaluma and owned by the City to merge the conveyed land with APN 006463-052 currently owned by the applicant as depicted and described in the documents prepared by Cinquini and Passarino Land Surveying and running of the referendum period applicable to such ordinance. b) The applicant providing to the City for the City's acceptance and recordation irrevocable offers of dedication for public right of way covering ail portions of APNs 006A63-005, 006A63-022, 006463-0255 006463-028, 006463-0523 and 006-163-053, that lie within the adopted Water Street plan line, consistent with Condition No. 82 of Planning Commission Resolution No. 2018-03, such that necessary rights to commence Water Street construction are conveyed, and so that irrevocable offers of dedication acceptable to the City are conveyed prior to acceptance and approval by the City of the Water Street improvements and the applicant's development project. c) Relocation of the existing City sewer facilities within the P on APN 006- 163-052 owned by the applicant to new City sewer facilities constructed within APN 006- 1 63-5 lowned by the City in accordance with the graphic showing the proposed relocation of City sewer facilities prepared by Civil Design Consultants, Inc. d) Acceptance of the sewer facilities relocated from the PUE on APN 006-163- 052 owned by the applicant to APN 006-163-051owned by the City upon inspection of such relocated sewer facilities by the City confirming that such relocated sewer facilities conform to all applicable requirements concerning such facilities and that such relocated sewer facilities are functioning as required in all respects. Further, to ensure that upon City Council approval of entitlements, including land conveyances, lot line adjustments, and rezoning, that the construction of Water Street may commence, the draft ordinances have been conditioned as follows: • The ordinance approving the zoning map amendment is not effective until the recordation of the land conveyance and lot line adjustments, thereby ensuring that the re -zoning will not occur until all other conditions are satisfied. • The draft ordinances approving the land conveyance and lot line adjustments between Water Street Properties, L.L.C. and the City of Petaluma are conditioned upon the approval and simultaneous recordation of both. This ensures neither land conveyance and lot line adjustment will be completed without the other. This language tracks with Condition (a), as noted above, for the vacation resolution. • The draft ordinances approving the land conveyances and lot line adjustments between Water Street Properties, L.L.C. and the City of Petaluma are conditioned on the provision and recordation of the IODs required from Water Street Properties, L.L.C. for the construction of Water Street, as outlined in the executed agreement between Water Street Properties, L.L.C., and Spanos. This ensures that the property exchange cannot occur unless the right of way required for construction of Water Street has been provided. This language tracks with Condition (b), as noted above, for the vacation resolution. Previous Proposal and Public Comment A previous iteration of this proposal requested rezoning of the entirety of the CS property, Lot 28 (Figure 6: Previous Rezoning Proposal). In preparation for Planning Commission consideration, staff and the applicant explored conditions relative to improvements to Penry Park and inclusion of a 2,000 square -foot civic space within the consolidated development site. The proposal was considered by the Recreation, Music, and Parks Commission on December 19, 2018, as an informational item to provide feedback to the Planning Commission. At that hearing, the Commission expressed a unified concern that the 2,000 square feet of civic space required as a condition of a future development project was an insufficient trade for the 4,545 square -feet of civic space the City would lose on Lot 28, regardless of potential improvements to Penry Park. The Commission also expressed concerns about making such a trade without. knowing the specific extent of what .future development would entail. Two of the six commissioners expressed the opinion that there should not be a net loss to property zoned civic space. However, while there was no specific consensus relative to how much open space should be required in exchange for the rezoning, the Commission did agree that future civic space must be oriented toward the river and provide some sense of connectivity to the pedestrian and bike path along the river's edge. Further,. the Commission expressed a desire to review any proposed civic space included in the site's future development, prior to SPAR approval by the Planning Commission. In response to the comments from the Parks Commission, the Applicant revised the scope of the project. The revised proposal eliminated the request to re -zone Lot 28 from CS to T5. As revised, the proposal seeks to re -zone only the portion of city -owned Lot 51 that is part of the current request for a lot line adjustment and land conveyance between Water Street Properties, L.L.C., and the City, and corresponds to the relocation of the pump station access road and sewer realignment. The Applicant also agreed to a condition of the rezoning that would require development of the privately -owned Lot 28 as civic space as part of future development of the consolidated T5 zoned sites. Additionally, the proposed conditions of approval also included a requirement to convey the property held by Water Street Properties, L.L.C., that is needed to facilitate the construction of the North Water Street extension. i � J ■ T5 Urban Center Zone Civic Space v*ALK ''-~ �'trg Zone 0" OF _lR \l (sou vt PROPOSED NORTH FUER • - �+ OL M APARTWNTS Srllu• tad ITE owls K -11P Kms-lM-e� tJAOt Ip Yip i1Ql /tlPT[t It.i Yltil _ ppOppSED WATER 51RUt , �':x5, _ - - � I N A.IFY� I N tl1.MYM I I I Y w sr IN Av-•Il-.N DISCUSSION Figure 6: Previous Rezoning Proposal On March 26, 2019, the Planning Commission considered the revised project at a duly noticed public hearing. The Planning Commission approved Resolution No. 2019-04 recommending that Page 10 the City Council approve a Zoning Map Amendment to rezone the approximately 2,130 square foot portion of the City -owned Lot 51 from CS to T5. While the only specific jurisdiction for the Commission action was the Zoning Map Amendment, the project in its entirety was discussed with the Commission (lot line adjustment, land conveyance, easement vacation) to provide holistic context of the project. The Commission's deliberation focused on the loss of approximately 2,130 square feet of civic space versus the benefit of the right-of-way acquisition and construction of Water Street North, the development of 4,134 square foot civic space on Lot 28 in connection with development of the neighboring properties, and the reconfiguration of the City -owned property to include more lineal feet of frontage along the Petaluma River, The Commissioners who opposed the project indicated a concern that even the reduced square footage to be rezoned was too significant a loss of civic space. They also expressed a desire for the revised proposal to be brought back before the Recreation, Music and Parks Commission for input prior to the Planning Commission decision. Those Commissioners who supported the proposal indicated that a return to the Recreation, Music,. and Parks Commission be conditioned as part of the future SPAR review. The same commissioners aIso acknowledged that the benefits of acquiring the necessary property to complete the Water Street extension and reconfigure the City -owned parcel to gain more frontage on the River outweighed the loss of rezoning the 2,130 square feet of civic space. Commissioners in support of the project also valued the condition requiring development of civic space on Lot 28 as part of the anticipated development by the Applicant. These commissioners also appreciated that the conditions of approval applied specific development standards for the future civic space by requiring compliance with the T5 zoning requirements. This was considered important as the CS zone does not have development standards for any use, including civic space as a land use. Commissioners also expressed concern relative to the enforceability of the Zoning Map Amendment condition requiring development of public civic space on Lot 28 because the Applicant opposed the Commissioners' request to record that commitment against the property. PUBLIC OUTREACH Notification of the City Council hearing was published in the Argus Courier on June 26, 2019 and July 4, 2019. A mailed notice was also sent to all property owners and occupants within 1,000 feet of the project site. Additionally, the Applicant posted three public hearing signs on the property. The completed public notice for the proposal is in accordance with the City's outreach policy, as well as Chapter 3 of Part 3 of Division 9 of the Streets and Highways Code. All writt en comments received prior to the Council hearing and including comments received in advance of the Planning Commission and Music, Recreation, and Parks Commission meetings are included at Attachment 9. There were several members of the public at the Music, Recreation and Parks Commission meeting that expressed concern with the loss of civic space under the original proposal. Some acknowledgment of the revised project and reduction of civic space proposed for rezoning was expressed during public comment at the Planning Commission hearing, although two commenters still expressed concern that any loss of property zoned civic space was unacceptable. Page 11 ENVIRONMENTAL REVIEW The F roject has been reviewed in accordance with the California Environmental Quality Act and found to be categorically exempt under CEQA Guidelines Sections 15061 (General Rule) and 15183 (Specific Plan Consistency) as the lot line adjustments, conveyances of property, and rezoning from the Civic Space zone to the T5 zone are consistent with the development of Civic Space as a land use and are thereby consistent with the development potential otherwise envisioned by the Central Petaluma Specific Plan. Additionally, the associated relocation of the existing sewer line is exempt under CEQA Guidelines Section 15282(k) (Statutory - Pipeline) as the proposed pipeline modifications are less than one mile in length. The attached ordinances and resolution include corresponding City Council findings. FINANCIAL IMPACTS The project is subject to cost recovery with all expenses paid by the applicant. ATTACHMENTS Attachment 1: Ordinance, Lot Line Adjustment and Land Conveyance from Water Street Properties, L.L.C. to the City of Petaluma Attachment 2: Ordinance, Lot Line Adjustment and Land Conveyance from the City of Petaluma to Water Street Properties, L.L.C. Attachment 3: Ordinance, Zoning map Amendment of a port ion of reconfigured APN 006-163- 052 from CS to TS Attachment 4: General Vacation Resolution for Public Utility Easement on APN 006-163-052 Sub -attachment 4.A Vacation Description and Plat Attachment 5: Planning Commission Staff Report, March 26, 2019 with Sub -att achment S.0 Project Plans Sub -attachment S.D Civic Space Type Standards Permitted in TS Attachment 6: Planning Commission Resolution No. 2019-04 Attachment 7: Music, Recreation and Parks Commission Minutes, December 19, 2018 Attachment 8: Planning Commission Minutes, March 26, 2019 Attachment 9: Public Comment Page 12 0 ik ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA APPROVING, SUBJECT TO SPECIFIED CONDITIONS, LOT LINE ADJUSTMENT AND CONVEYANCE TO THE CITY OF PETALUMA A PORTION OF FEE PARCEL CURRENTLY PART OF APN 006-163-028 LOCATED ON WATER ST. NORTH AND OWNED BY WATER STREET PROPERTIES, L.L.C. TO MERGE THE CONVEYED LAND WITH APN 006- 163-051 CURRENTLY OWNED BY THE CITY FILE NO. PLMA-18-004 WHEREAS, Tony Cinquini, of Cinquini and Passarino Land Surveying, on behalf of property owner, Water Street Properties, L.L.C., ("Applicant") submitted an application for a Zoning Map Amendment to rezone property at APN 006463-051 from CS (Civic Space) to T5 (Urban Center) as part of a broader proposal that includes lot line adjustments, land conveyances between Water Street Properties, L.L.C., and the City of Petaluma ("City"), relocation of a sewer line, and abandonment of an existing sewer line easement ("Project"); and WHEREAS, public notice of the Match 26,2019 Planning Commission hearing on the Project was published in the Petaluma Argus -Courier and mailed to property owners and occupants within a 1,000 foot radius of the project site in compliance with state and local laws and WHEREAS, a public hearing sign was posted on site at least 17 days prior to the Planning Commission meeting, consistent with City Council Resolution No. 2018-107; and WHEREAS, on March 26, 2019 the Planning Commission held a duly noticed public hearing to consider the Project, including the Zoning Map Amendment, at which time all interested parties had the opportunity to be heard; and WHEREAS, pursuant to Resolution No. 2019-04, as required by Government Code section 65402(a), the Planning Commission found that the Project, including the proposed amendment to the zoning map and Conditions of Approval, to be consistent with the General Plan 2025 and the Central Petaluma Specific Plan in that the proposed rezoning: provides greater flexibility for future development of sites that the General Plan identifies as under under-utilized; does not preclude the development of civic space land use; enables a dense mixed-use development pattern that facilitates desired growth within the Central Petaluma Specific Plan subarea; supports the new uses and development pattern that will accompany the extension of North Water Street; enables future development to provide more pedestrian activated commercial ground floor spaces along Water Street; enables future coordinated development of contiguous lots under single ownership; and supports the alignment of City -owned property with the Lynch Creek trail; all as described in the Staff Report accompanying and incorporated into Resolution 2019-04; and WHEREAS, at said hearing the Planning Commission approved Resolution No. 2019-04 recommending approval of the Zoning Map Amendment to the City Council; and 1-1 WHEREAS, Resolution No. 2019-04 included Exhibit B2, recommended Map Conditions of Approval, including Condition no. 2, which provided: Prior to and as a condition of approval of the map amendment, the applicant shall provide for City review an executed agreement between Water Street Properties, L.L.C. and Spanos, L.L.C. or their successors in interest that provides for and requires dedication of public right -of --way for APNs: 006463-005, 006-163-0225 006463-0255 006-163-028, 006463-0525 006-163-053, that lie within the adopted Water Street plan line, consistent with Condition no. 82 of Planning Commission Resolution No. 2018-03, such that necessary rights to commence Water Street construction are conveyed, and so that an irrevocable offer of dedication or other permanent right of way conveyance acceptable to the City is conveyed prior to acceptance and approval by the City of the Water Street improvements and Water Street Property, L.L.C.'s development project; and WHEREAS, the Applicant has provided for City review an executed agreement between the Applicant and Spanos, L.L.C. or their successors in interest that provides for and requires dedication of public right-of-way for APNs: 006-163-005, 006463-022, 006463-025, 006463- 0285 006A63-0523 006-163-053, that lie within the adopted Water Street plan line, in accordance with recommended Condition 2 of Planning Commission Resolution No. 2019-04; and WHEREAS, Cinquini and Passarino Land Surveying has provided a Boundary Exhibit showing the parcels related to the Project as they currently exist, a Lot Line Adjustment Site Plan showing how the properties would be altered by the Project, and legal descriptions and diagrams showing proposed lot line adjustments on land of Applicant and conveyance of property to the City and lot line adjustments on land of the City and conveyance of property to Applicant; and WHEREAS, Civil Design Consultants, Inc. has prepared a graphic showing the proposed relocation of a City sewer line currently located within a Public Utility Easement ("PUE") on all of Applicant; and WHEREAS, the Boundary Exhibit, Lot Line Adjustment Site Plan, and legal descriptions and diagrams showing proposed lot line adjustments on land of the Applicant and the City prepared by Cinquini and Passarino Land Surveying and the graphic showing the proposed relocation of a City sewer line on land of the Applicant prepared by Civil Design Consultants, Inc., are hereby made a part of this ordinance for all purposes; and WHEREAS, Section 46 of Article VII of the Petaluma Charter requires that cert ain actions of the City Council, including acquisition and sale of property, must be taken by ordinance, unless the amounts involved are less than the amount specified in the section; and WHEREAS, public notice of a July 15, 2019 City Council hearing on the Project was published in the Petaluma Argus -Courier on June 27 and July 4, 2019 and mailed to residents and occupants within 1,000 feet of the Project site in compliance with state and local law; and 1-2 WHEREAS, a public hearing sign was posted on site at least 17 days prior to the City Council meeting, consistent with City Council Resolution No. 2018-107; and WHEREAS, the City Council held a duly noticed public hearing to consider the Project, including the proposed Zoning Map Amendment on July 15, 2019, at which time all interested parties had the opportunity to be heard; and WHEREAS, the Project has been reviewed in compliance with the California Environmental Quality Act, Public Resources Code section 21000 and following ("CEQA") and has been determined to be exempt pursuant to CEQA and the CEQA Guidelines in Title 14 of the California Code of Regulations for purposes of the proposed lot line adjustments, conveyances and sewer relocation pursuant to this ordinance in accordance with: a) the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment, and where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA, in accordance with Section 15061, subdivision (b)(3) of the CEQA Guidelines (because the lot line adjustments and conveyances only change parcel configurations, and any later development of the affected land that may have a significant effect on the environment will be analyzed under CEQA); b) the exemption for projects which are consistent with the development density established by existing zoning, community plan, or general plan policies for which an EIR was certified and which do not require additional environmental review, except as might be necessary to examine whether there are project -specific significant effects which are peculiar to the project or its site in accordance with Section 15183, subdivision (a) of the CEQA Guidelines (because the lot line adjustments and conveyances are consistent with the existing General Plan, Central Petaluma Specific Plan and zoning policies applicable to the affected parcels and for which an EIR was certified — the changes do not preclude and are consistent with the development of civic space as a land use and are thereby consistent with the development potential otherwise envisioned by the Central Petaluma Specific Plan for the affected property - there are no resulting project specific significant effects, and any later development of the affected land that may have a significant effect on the environment will be analyzed under CEQA); and c) the exemption for projects of less than one mile in length within a public street or highway or any other public right -of --way for the installation of a new pipeline or the maintenance, repair, restoration, reconditioning, relocation, replacement, removal or demolition of an existing pipeline in section 21080.21 of CEQA as incorporated into the CEQA Guidelines at section 15282(k) (because the relocated sewer line will be located in City property used to access a City pump station from Water Street and will be less than 1 mile in length); 1-3 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS: Section 1. Recitals Incorporated As Findings. The above recitals are hereby declared to be true and correct and are incorporated into this ordinance as findings of the City Council, Section 2: CEQA Exemptions. Approvals of the lot line adjustment and conveyance to the City of a portion of the fee parcel currently a part of APN 006-163-028 located on Water Street North in Petaluma and owned by the Applicant, to merge the conveyed land with fee parcel APN 006- 163-051 on Water Street North in Petaluma and owned by the City, and to relocate the existing City sewer on the Applicant's property are exempt from CEQA in accordance with Section 15061, subdivision (b)(3), Section 15183, subdivision (a), and Section 21080.21of CEQA and section 15282(k) of the CEQA Guidelines and the findings incorporated into this ordinance. Section 3. Approval of Lot Line Adjustment and Conveyance. The City Council hereby approves lot line adjustment and conveyance to the City a portion of the fee parcel currently part of APN 006-163-028 located on Water Street North in Petaluma and owned by the Applicant to merge the conveyed land with APN 006463-051 located on Water Street North in Petaluma and owned by the City as described and depicted in the Boundary Exhibit, Lot Line Adjustment Site Plan, and legal descriptions and diagrams showing proposed lot line adjustments on land of the Applicant and the City prepared by Cinquini and Passarino Land Surveying all of which are a part of this ordinance. Section 4. Conditions Precedent. The actions listed in this section are conditions precedent to this ordinance taking effect. Unless and until all such actions are taken and the conditions precedent satisfied, this ordinance will be of no effect, notwithstanding its adoption by the City Council. Upon- satisfaction of the conditions precedent listed in this section, and the running of the referendum period in accordance with Section 7, this ordinance will become effective without further action of the City Council. The conditions precedent for this ordinance taking effect are: a) Adoption by the City Council of an ordinance approving lot line adjustment and conveW7 ance to the Applicant of a portion of the fee parcel currently part of APN 006463-051 located on Water Street North in Petaluma and owned by the City to merge the conveyed land with APN 006A 63-052 currently owned by the Applicant as depicted and described in the documents prepared by Cinquini and Passarino Land Surveying prepared therefore, and running of the referendum period applicable to such ordinance. b) Applicant providing to the City for the City's acceptance and recordation irrevocable offers of dedication for public right of way covering all portions of APNs 006-163-005, 006-163-022, 006463-025, 006-163-028, 006463-052, and 006-163-053, that lie within the adopted Water Street plan line, consistent with Condition no. 82 of Planning Commission Resolution No. 2018-03, such that necessary rights to commence Water Street construction are conveyed, and so that the irrevocable offers are acceptable to the City and are conveyed prior to 1-4 acceptance and approval by the City of the Water Street improvements and Applicant's development project. Section 5. The City Manager is hereby authorized and directed to execute and/or approve on behalf of the City and, at the appropriate time (upon such documents taking effect), have recorded any and all documents necessary to effectuate the purposes of this ordinance, including, but not limited to, acceptance of a grant approved by the City Attorney conveying to the City part of APN 006- 163-028 owned by the Applicant to merge the conveyed land with APN 006-163-051 owned by the City. Section 6. 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 7. Referendum Period. This ordinance shall become effective thirty (30) days after the date of its adoption by the Petaluma City Council, Section 8. 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 _day of , 2019. ADOPTED this day of , 2019 by the following vote: 1-5 ATTACHMENT 2 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA APPROVING SUBJECT TO SPECIFIED CONDITIONS LOT LINE ADJUSTMENT AND CONVEYANCE TO WATER STREET PROPERTIES, L.L.C. A PORTION OF FEE PARCEL CURRENTLY PART OF APN 006463-051 LOCATED ON WATER ST. NORTH AND OWNED BY THE CITY TO MERGE THE CONVEYED LAND WITH APN 006463-052 CURRENTLY OWNED BY WATER STREET PROPERTIES, L.L.C. FILE NO. PLMA-18-004 WHEREAS, Tony Cinquini, of Cinquini and Passarino Land Surveying, on behalf of property owner, Water Street Properties, L.L.C., ("Applicant") submitted an application for a Zoning Map Amendment to rezone property at APN 006463-051 from CS (Civic Space) to T5 (Urban Center) as part of a broader proposal that includes lot line adjustments, land conveyances between Water Street Properties, L.L.C., and the City of Petaluma ("City"), relocation of a sewer line, and abandonment of an existing sewer line easement ("Project"); and WHEREAS, public notice of the March 26, 2019 Planning Commission hearing on the Project was published in the Petaluma Argus -Courier and mailed to property owners and occupants within a 1,000 foot radius of the project site in compliance with state and local law; and WHEREAS, a public hearing sign was posted on site at least 17 days prior to the Planning Commission meeting, consistent with City Council Resolution No. 2018-107; and WHEREAS, on March 26, 2019 the Planning Commission held a duly noticed public hearing to consider the Project, including the Zoning Map Amendment, at which time all interested parties had the opportunity to be heard; and WHEREAS, pursuant to Resolution No. 2019-04, as required by Government Code section 65402(a), the Planning Commission found that the Project, including the proposed amendment to the zoning map and Conditions of Approval, to be consistent with the General Plan 2025 and the Central Petaluma Specific Plan in that the proposed rezoning: provides greater flexibility for future development of sites that the General Plan identifies as under under-utilized; does not preclude the development of civic space land use; enables a dense mixed-use development pattern that facilitates desired growth within the Central Petaluma Specific Plan subarea; supports the new uses and development pattern that will accompany the extension of North Water Street; enables future development to provide more pedestrian activated commercial ground floor spaces along Water Street; enables future coordinated development of contiguous lots under single ownership; and supports the alignment of City -owned property with the Lynch Creek trail; all as described in the Staff Report accompanying and incorporated into Resolution 2019-04; and WHEREAS, at said hearing the Planning Commission approved Resolution No. 2019-04 recommending approval of the Zoning Map Amendment to the City Council; and 2-1 WHEREAS, Resolution No. 2019-04 included Exhibit B2, recommended Map Conditions of Approval, including Condition no. 2, which provided: Prior to and as a condition of approval of the map amendment, the applicant shall provide for City review an executed agreement between Water Street Properties, L.L.C., and Spanos, L.L.C., or their successors in interest that provides for and requires dedication of public right -of --way for APNs: 006-163-005, 006463-0223 006-163-0255 006463-0285 006-163-052, 006463-053, that lie within the adopted Water Street plan line, consistent with Condition no. 82 of Planning Commission Resolution No. 2018-03, such that necessary rights to commence Water Street construction are conveyed, and so that an irrevocable offer of dedication or other permanent right of way conveyance acceptable to the City is conveyed prior to acceptance and approval by the City of the Water Street improvements and Water Street Properties, L.L.C.'s development project; and WHEREAS, the Applicant has provided for City review an executed agreement between the Applicant and Spanos, L.L.C. or their successors in interest that provides for and requires dedication of public right-of-way for APNs: 006463-005, 006463-022, 006-163-025, 006463- 028, 006463-0525 006463-053, that lie within the adopted Water Street plan line, in accordance with recommended Condition 2 of Planning Commission Resolution No. 2019-04; and WHEREAS, Cinquini and Passarino Land Surveying has provided a Boundary Exhibit showing the parcels related to the Project as they currently exist, a Lot Line Adjustment Site Plan showing how the properties would be altered by the Project, and legal descriptions and diagrams showing proposed lot line adjustments on land of Applicant and conveyance of property to the City and lot line adjustments on land of the City and conveyance of property to Applicant; and WHEREAS, Civil Design Consultants, Inc. has prepared a graphic showing the proposed relocation of a City sewer line currently located within a Public Utility Easement ("PUE") on all of Applicant and WHEREAS, the Boundary Exhibit, Lot Line Adjustment Site Plan; and legal descriptions and diagrams showing proposed lot line adjustments on land of the Applicant and the City prepared by Cinquini and Passarino Land Surveying and the graphic showing the proposed relocation of a City sewer line on land of the Applicant prepared by Civil Design Consultants, Inc., are hereby made a part of this ordinance for all purposes; and WHEREAS, Section 46 of Article VII of the Petaluma Charter requires that cert ain actions of the City Council, including acquisition and sale of property, must be taken by ordinance, unless the amounts involved are less than the amount specified in the section; and WHEREAS, public notice of the July 15, 2019 City Council hearing on the Project was published in the Petaluma Argus -Courier on -June 27 and July 4, 2019 and mailed to residents and occupants within 1,000 feet of the Project site in compliance with state and local law; and 2-2 WHEREAS, a public hearing sign was posted on site at least 17 days prior to the City Council meeting, consistent with City Council Resolution No. 2018-107; and WHEREAS, the City Council held a duly noticed public hearing to consider the Project, including the proposed Zoning Map Amendment on July 15, 2019, at which time all interested parties had the opportunity to be heard; and WHEREAS, the Project has been reviewed in compliance with the California Environmental Quality Act, Public Resources Code section 21000 and following (`'CEQA") and has been determined to be exempt pursuant to CEQA and the CEQA Guidelines in Title 14 of the California Code of Regulations for purposes of the proposed lot line adjustments, conveyances and sewer relocation pursuant to this ordinance in accordance with: a) the common sense exemption that CEQA applies only to projects which -have the potential for causing a significant effect on the environment, and where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA, in accordance with Section 15061, subdivision (b)(3) of the CEQA Guidelines (because the lot line adjustments and conveyances only change parcel configurations, and any later development of the affected land that may have a significant effect on the environment will be analyzed under CEQA); b) .the exemption for projects which are consistent with the development density established by existing zoning, community plan, or general plan policies for which an EIR was certified and which do not require additional environmental review, except as might be necessary to examine whether there are project -specific significant effects which are peculiar to the project or its site in accordance with Section 15183, subdivision (a) of the CEQA Guidelines (because the lot line adjustments and conveyances are consistent with the existing General. Plan, Central Petaluma Specific Plan and zoning policies applicable to the affected parcels and for which an EIR was certified — the changes do not preclude and are consistent with the development of civic space as a land use and are thereby consistent with the development potential otherwise envisioned by the Central Petaluma Specific Plan for the affected property - there are no resulting project specific significant effects, and any later development of the affected land that may have a significant effect on the environment will be analyzed under CEQA); and c) the exemption for projects of less than one mile in length within a public street or highway or any other public right -of --way for the installation of a new pipeline or the maintenance, repair, restoration, reconditioning, relocation, replacement, removal or demolition of an existing pipeline in section 21080.21 of CEQA as incorporated into the CEQA Guidelines at section 15282(k) (because the relocated sewer line will be located in City property used to access a City pump station from Water Street and will be less than 1 mile in length); 2-3 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS: Section 1. Recitals Incorporated As Findings. The above recitals are hereby declared to be true and correct and are incorporated into this ordinance as findings of the City Council. Section 2. CEQA Exemptions. Approvals of the lot line adjustment and conveyance to the Applicant a portion of the fee parcel currently a part of APN 006463-051, located on Water Street North in Petaluma and owned by the City, to merge the conveyed land with fee parcel APN 006- 163-052 on Water Street North in Petaluma. and owned by the Applicant, and to relocate the existing City sewer on the Applicant's property are exempt from CEQA in accordance with Section 15061, subdivision (b)(3), Section 15183, subdivision (a), and Section 21080.21 of CEQA and section 15282(k) of the CEQA Guidelines and the findings incorporated into this ordinance. Section 3. Approval of Lot Line Adjustment and Conveyance. The City Council hereby approves lot line adjustment and conveyance to the Applicant a portion of the fee parcel currently part of APN 006-163-051 located on Water Street North in Petaluma and owned by the City to merge the conveyed land with APN 006-163-052 located on Water Street North in Petaluma and owned by the Applicant as described and depicted in the Boundary Exhibit, Lot Line Adjustment Site Plan, and legal descriptions and diagrams showing proposed lot line adjustments on land of the Applicant and the City prepared by Cinquini and Passarino Land Surveying all of which are a part of this ordinance. Section 4. Conditions Precedent. The actions listed in this section are conditions precedent to this ordinance taking effect. Unless and until all such actions are taken and the conditions precedent satisfied, this ordinance will be of no effect, notwithstanding its adoption by the City Council. Upon satisfaction of the conditions precedent listed in this section, and the running of the referendum period in accordance with Section 7, this ordinance will become effective without further action of the City Council. The conditions precedent for this ordinance taking effect are: a) Adoption by the City Council of an ordinance approving lot line adjustment and conveyance to the City of a portion of the fee parcel currently part of APN 006- 163-028 located on Water Street North in Petaluma and owned by the Applicant to merge the conveyed land with APN 006463-051 currently owned by the City as depicted and described in the documents prepared by Cinquini and Passarino Land Surveying prepared therefore, and running of the referendum period applicable to such ordinance. b) Applicant providing to the City for the City's acceptance and recordation irrevocable offers of dedication for public right of way covering all portions of APNs 006463-005, 006A63-022, 006463-0253 006463-028, 006463-052, and 006-163-053, that lie within the adopted Water Street plan line, consistent with Condition no. 82 of Planning Commission Resolution No. 2018-03, such that necessary rights to commence Water Street construction are conveyed, and so that the irrevocable offers are acceptable to the City and are conveyed prior to 2-4 acceptance and approval by the City of the Water Street improvements and Applicant's development project. Section 5. The City Manager is hereby authorized and directed to execute and/or approve on behalf of the City and, at the appropriate time (upon such documents taking effect), have recorded any and all documents necessary to effectuate the purposes of this ordinance, including, but not limited to, execution of a grant approved by the City Attorney conveying to Applicant part of APN 006- 163-051 owned by the City to merge the conveyed land with APN 006463-052 owned by the Applicant. Section 6. 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 7. Referendum Period. This ordinance shall become effective thirty (30) days after the date of its adoption by the Petaluma City Council. Section 8. 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 day of , 2019. ADOPTED this day of , 2019 by the following vote: 2-5 ATTACHMENT 3 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA AMENDING SUBJECT TO SPECIFIED CONDITIONS OF APPROVAL THE CENTRAL, PETALUMA SPECIFIC PLAN ZONING MAP IN SECTION 2 OF "APPENDIX A" SMARTCODE AMENDMENTS TO RE -ZONE A 29130 SQUARE FOOT PORTION OF RECONFIGURED PARCEL APN 006463-051 FROM THE CURRENT ZONING DESIGNATION OF CS (CIVIC SPACE) TO T5 (URBAN CENTER) FILE NO. PLMA-18-004 WHEREAS, Tony Cinquini, of Cinquini and Passarino. Land Surveying, on behalf of property owner, Water Street Properties, L.L.C., ("Applicant") submitted an application for a Zoning Map Amendment to rezone property at APN 006-163-051 from CS (Civic Space) to T5 (Urban Center) as part of a broader proposal that includes a lot line adjustment, land conveyance between Water Street Properties, L.L.C., and the City of Petaluma ("City"), relocation of a sewer line, and abandonment of an existing sewer line easement ("Project"); and WHEREAS, the proposed change to the existing zoning designation requires amendment to the zoning map in the Central Petaluma Specific Plan's Appendix A SmartCode; and WHEREAS; the proposed amendments to the zoning map are consistent with the General Plan 2025 and the Central Petaluma Specific Plan in that the proposed rezoning: provides greater flexibility for future development of sites that the General Plan identifies as under-utilized; does not preclude the. development of civic space land use; enables a dense mixed-use development pattern that facilitates desired growth within the Central Petaluma Specific Plan subareas supports the new uses and development pattern that will accompany the extension of North Water Street; enables future development to provide more pedestrian activated commercial ground floor spaces along Water Street; enables future coordinated development of contiguous lots under single ownership; and supports the alignment of City -owned property with the Lynch Creek trail; all as described in the Staff Report, which is hereby made a part of this ordinance by this reference; and WHEREAS, public notice of the March 26, 2019 Planning Commission hearing on the Project was published in the Petaluma Argus -Courier and mailed to property owners and occupants within a 1,000 foot radius of the project site in compliance with state and local law; and WHEREAS, a public hearing sign was posted on site at least 17 days prior to the Planning Commission meeting, consistent with City Council Resolution No. 2018-107; and WHEREAS, on March 26, 2019 the Planning Commission held a duly noticed public hearing to consider the Project, including the Zoning Map Amendment, at which time all interested parties had the opportunity to be heard; and WHEREAS, at said hearing the Planning Commission approved Resolution No. 2019-04 recommending approval of the Zoning Map Amendment to the City Council; and 3-1 WHEREAS, Resolution No. 2019-04 included Exhibit B2, recommended Map Conditions of Approval, including Condition no. 2, which provided: Prior to and as a condition of approval of the map amendment, the applicant shall provide for City review an executed agreement between Water Street Properties, L.L.C. and Spanos, L.L.C., or their successors in interest that provides for and requires dedication of public right -of --way for APNs: 006-163-005, 006-163-022, 006463-025,006-163-028, 006-163-052, 006-163-053, that lie within the adopted Water Street plan line, consistent with Condition no. 82 of Planning Commission Resolution No. 2018-03, such that necessary rights to commence Water Street construction are conveyed, and so that an irrevocable offer of dedication or other permanent right of way conveyance acceptable to the City is conveyed prior to acceptance and approval by the City of the Water Street improvements and Water Street Property, L.L.C.'s development project; and WHEREAS, the Applicant has provided for City review an executed agreement between the Applicant and Spanos, L.L.C. or their successors in interest that provides for and requires dedication of public right-of-way f6r APNs: 006463-005, 006-163-022, 006463-025, 006463- 028, 006-163-0525 006463-053, that lie within the adopted Water Street plan line, in accordance with recommended Condition 2 of Planning Commission Resolution No. 2019-04; and WHEREAS, Cinquini and Passarino Land Surveying has provided a Boundary Exhibit showing the parcels related to the Project as they currently exist, a Lot Line Adjustment Site Plan showing how the properties would be altered by the Project, and legal descriptions and diagrams showing proposed lot line adjustments on land of Applicant and conveyance of property to the City and lot line adjustments on land of the City and conveyance of property to Applicant; and WHEREAS, Civil Design Consultants, Inc. has prepared a graphic showing the proposed relocation of a City sewer line currently located within a Public Utility Easement ("PUE") on land of Water Street Properties, L.L.C.; and WHEREAS, the Boundary Exhibit, Lot Line Adjustment Site Plan, and legal descriptions and diagrams showing proposed lot line adjustments on land of the Applicant and the City prepared by Cinquini and Passarino Land Surveying and the graphic showing the proposed relocation of a City sewer line on land of Applicant prepared by Civil Design Consultants, Inc., are hereby made a part of this ordinance for all purposes; and WHEREAS, public notice of a July 15, 2019 City Council hearing on the Project was published in the Petaluma Argus -Courier on June 27 and on July 4, 2019 and mailed to residents and occupants within 1,000 feet of the Project site in compliance with state and local law; and WHEREAS, a public hearing sign was posted on site at least 17 days prior to the City Council meeting, consistent with City Council Resolution No. 2018-107; and 3-2 WHEREAS, the City Council held a duly noticed public hearing to consider the Project, including the proposed Zoning Map Amendment on July 15, 2019, at which time all interested parties had the opportunity to be heard; and WHEREAS, the Project has been reviewed in compliance with the California Environmental Quality Act, Public Resources Code section 21000 and following ("CEQA") and has been determined to be exempt pursuant to CEQA and the CEQA Guidelines in Title 14 of the California Code of Regulations for purposes of the proposed lot line adjustments, conveyances, sewer relocation and zoning map amendment pursuant to this ordinance in accordance with: a) the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment, and where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA, in accordance with Section 15061, subdivision (b)(3) of the CEQA Guidelines (because the zoning map amendments rezoning property from the civic space zone to the T5 zone, subject to the Conditions of Approval attached to and made a part of this ordinance as Exhibit 2 ("Conditions of Approval") do not preclude and are consistent with the development of civic space as a land use, and any later development of the affected land that may have a significant effect on the environment will be analyzed under CEQA); b) the exemption for projects which are consistent with the development density established by existing zoning, community plan, or general plan policies for which an EIR was certified and which do not require additional environmental review, except as might be necessary to examine whether there are project -specific significant effects which are peculiar to the project or its site in accordance with Section 15183, subdivision (a) of the CEQA Guidelines (because the zoning map amendments are consistent with the existing General Plan, Central Petaluma Specific Plan and zoning policies applicable to the affected parcels and for which an EIR was certified — the changes do not preclude and are consistent with the development of civic space as a land use and are thereby consistent with the development potential otherwise envisioned by the Central Petaluma Specific Plan for the affected property - there are no resulting project specific significant effects, and any later development of the affected land that may have a significant effect on the environment will be analyzed under CEQA); and c) the exemption for projects of less than one mile in length within a public street or highway or any other public right -of --way far• the installation of a new pipeline or the maintenance, repair, restoration, reconditioning, relocation, replacement, removal or demolition of an existing pipeline in section 21080.21 of CEQA as incorporated into the CEQA Guidelines at section 15282(k) (because the relocated 3-3 sewer line will be located in City property used to access a City pump station from Water Street and will be less than 1 mile in length); NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS: Section 1. Recitals Incorporated As Findings. The above recitals are hereby declared to be true and correct and are incorporated into this ordinance as findings of the City Council. Section 2. CEQA Exemptions. Approval of a Zoning Map Amendment to rezone a 2,130 square foot portion of property at APN 006-163-051 from CS (Civic Space) to T5 (Urban Center) pursuant to this ordinance is exempt from CEQA in accordance with Section 15061, subdivision (b)(3), Section 15183, subdivision (a), and Section 21080.21 of CEQA and section 15282(k) of the CEQA Guidelines and the findings incorporated into this ordinance. Section 3. General Plan and Zoning Code Consistency Findings. The City Council approves proposed zoning map amendment based on the findings made below: a. The proposed amendment to the Zoning Map as illustrated in Exhibit 1 which is attached to and made a part of this ordinance is subject to the Conditions of Approval attached to and made a part of this ordinance as Exhibit 2 and as so conditioned is in conformance with the General Plan and Central Petaluma Specific Plan, as further described in the staff report accompanying this ordinance. b. The proposed Zoning Map Amendment as illustrated in Exhibit 1 and as subject to the Conditions of Approval attached as Exhibit 2 is consistent with the public necessity, convenience, and general welfare in that it would allow for a more efficient future development of sites identified as under-utilized in the General Plan, as further described in the staff report. Additionally, the zoning standards would be further implemented through future Site Plan and Architectural Review permits to ensure that each future structure, park or other improvement is an attractive element that integrates with the rest of the community both on- and off-site. Section 4. Zoning Map Amendment Approval. The Zoning Map contained in the Petaluma SmartCode is hereby amended to modify the zoning district of a 2,130 square foot portion. of property at APN 006463-051 from Civic Space (CS) to Urban Center (T5) as illustrated in Exhibit L Section 5. Conditions Precedent. The actions listed. in this section are conditions precedent to this ordinance taking effect. Unless and until all such actions are taken and the conditions precedent satisfied, this ordinance will be of no effect, notwithstanding its adoption by the City Council. Upon satisfaction of the conditions precedent listed in this section, and the running of the referendum period in accordance with Section 7, this ordinance will become effective without further action of the City Council. The conditions precedent for this ordinance taking effect are: a) Adoption by the City Council of an ordinance approving lot line adjustment and conveyance to the Applicant of a portion of the fee parcel currently part of APN 006-163-051 located on Water Street North in Petaluma and owned by the City to merge the conveyed land with APN 006-163-052 currently owned by the Applicant as depicted and described in the documents prepared by Cinquini and Passarino Land Surveying prepared therefore, and running of the referendum period applicable to such ordinance. b) Adoption by the City Council of an ordinance approving lot line adjustment and conveyance to the City of a portion of the fee parcel currently part of APN 006- 163-028 located on Water Street North in Petaluma and owned by the Applicant to merge the conveyed land with APN 006A63-051 currently owned by the City as depicted and described in the documents prepared by Cinquini and Passarino Land Surveying prepared therefore, and running of the referendum period applicable to such ordinance. Section 6. 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 7. Referendum Period. This ordinance shall become effective thirty (30) days after the date of its adoption by the Petaluma City Council. Section 8. Posting/Publishing of Notice. The City Clerlc 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 _day of , 2019. ADOPTED this day of , 2019 by the following vote: 3-5 ZONING MAP DIAGRAM % EXHIBIT 1 ■ T5 Urban Center Zone ■ Civic Space SCA Zone � + r.TTl. n • \` an a .l a rT.� �irr r�.r 1A110S TO Yl[11 TfQT 1 LA" TD YO STIM "Wo"" n Tn pgpporr" WATER STREET 4.,00 win off I l 11 1 ZONING MAP AMENDMENT FOR THE APN 006-163-051 LOCATED WITHIN THE CENTRAL PETALUMA SPECIFIC PLAN 3-6 3-7 EXHIBIT 2. MAP AMENDMENT CONDITIONS OF APPROVAL APN 006463-051 Project File No. PLMA-18-0004 PLANNING DIVISION 1. The applicant shall defend, indemnify and hold harmless the City and its officials, boards, commissions, agents, officers and employees ("Indemnitees") from any claim, action or proceeding against Indemnitees to attack, set aside, void or annul any of the approvals of the project to the maximum extent permitted by Government Code section 66477.9. To the extent permitted by Government Code section 66477.9, the applicant's duty to defend, indemnify and hold harmless in accordance with this condition shall apply to any and all claims, actions or proceedings brought concerning the project, not just such claims, actions or proceedings brought within the time period provided for in applicable State and/or local statutes. The City shall promptly notify the applicant of any such claim, action or proceeding concerning the subdivision. The City shall cooperate fully in the defense. Nothing contained in this condition shall prohibit the City from participating in the defense of any claim, action, or proceeding, and if the City chooses to do so, applicant shall reimburse City for attorneys' fees and costs incurred by the City to the maximum extent permitted by Government Code section 66477.9. 2. The Zoning Map Amendment shall not become effective until the land conveyance between Lot 28 and Lot 51, as described in the May 20, 2019, Staff Report is recorded. 3. Future development of the expanded privately -owned lot inclusive of APN 163-060-052 shall also be conditioned on development of the adjacent civic space parcel (163-060-028) (approximately 4,134 square feet) to implement the civic space standards permitted in the T5 zoning district, as outlined in SmartCode Table 4.50.030.A. The civic space shall be oriented towards the Petaluma River and the ultimate design and amenities provided within the civic space shall be reviewed as part of Site Plan and Architectural Review for the larger project entitlements. The civic space shall provide for public access and shall be maintained in perpetuityby the property owner. 4. The design, and amenities of the proposed civic spaces shall be reviewed by the Recreation, Music, and Parks Commission for feedback and recommendation prior to Site Plan and Architectural Review consideration by the Planning Commission. 5. To bett er integrate the future civic space with the Petaluma River and the policies and objectives of the Petaluma River Enhancement Plan, General Plan, and Central Petaluma. Specific Plan, the access road to the city pump station shall be surfaced with scored concrete or comparable material, subject to approval by the City Engineer, as part of improvement plans for North Water Street. The access road to the City pump station shall be designed to 3-8 soften the interface between the civic space, the access road, the pedestrian path, and the Petaluma River. 3-9 ��-i o RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk City of Petaluma 11 English Street Petaluma, CA 94952 (Exempt from Recording Fees per Government Code 27383) ATTACHMENT 4 (Space above line reserved for recorder's use) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PETALUMA VACATING, SUBJECT TO SPECIFIED CONDITIONS, A PUBLIC UTILITIES EASEMENT FOR SEWER FACILITIES ON APN 006453-052 OWNED BY WATER STREET PROPERTIES, L.L.C., PURSUANT TO STREETS AND HIGHWAYS CODE SECTION 8320 AND FOLLOWING WHEREAS, Tony Cinquini, of Cinquini and Passarino Land Surveying, on behalf of property owner, Water Street Properties, L.L.C., ("Applicant") submitted an application fora Zoning Map Amendment to rezone property at APN 006463-051 from CS (Civic Space) to T5 (Urban Center) as part of a broader proposal that includes lot line adjustments, land conveyances between the Applicant and the City of Petaluma ("City"), relocation of a sewer line, and abandonment of an existing sewer line easement ("Project"); and WHEREAS, public notice of the March 26, 2019 Planning Commission hearing on the Project was published in the Petaluma Argus -Courier and mailed to property owners and occupants within a 1,000 foot radius of the Project site in compliance with state and local law; and WHEREAS, a public hearing sign was posted on site at least 17 days prior to the Planning Commission meeting, consistent with City Council Resolution No. 2018-107; and WHEREAS, on March 26, 2019 the. Planning Commission held a duly noticed public hearing to consider the Project, at which time all interested parties had the opportunity to be heard; and WHEREAS, pursuant to Resolution No. 2019-04, as required by Government Code section 65402(a), the Planning Commission found that the Project, including the proposed amendment to the zoning map and Conditions of Approval, to be consistent with the General Plan 2025 and the Central Petaluma Specific Plan in that the proposed rezoning: provides greater flexibility for future development of sites that the General Plan identifies as under under-utilized; does not preclude the development of civic space land use; enables a dense mixed-use development pattern that facilitates desired growth within the Central Petaluma Specific Plan subarea; supports the new uses and development pattern that will accompany the extension of North Water Street; enables future development to provide more pedestrian activated commercial ground floor spaces 4-1 along Water Street; enables future coordinated development of contiguous lots under single ownership; and supports the alignment of City -owned property with the Lynch Creels trail; all as described in the Staff Report accompanying and incorporated into Resolution 2019-04; and WHEREAS, at said hearing the Planning Commission approved Resolution No. 2019-04 recommending approval of the Zoning Map Amendment comprising part of the Project to the City Council; and WHEREAS, Resolution No.2019-04 included Exhibit B2, recommended Map Conditions of Approval, including Condition no. 2, which provided: Prior to and as a condition of approval of the map amendment, the applicant shall provide for City review an executed agreement between Water Street Properties, L.L.C. and Spanos, L.L.C. or their successors in interest that provides for and requires dedication of public right-of-way for APNs: 006463-005, 006-163-022, 006-163-0255 006-163-0285 006A63-052, 006463-053, that lie within the adopted Water Street plan line, consistent with Condition no. 82 of Planning Commission Resolution No. 2018-03, such that necessary rights to commence Water Street construction are conveyed, and so that an irrevocable offer of dedication or other permanent right of way conveyance acceptable to the City is conveyed prior to acceptance and approval by the City of the Water Street improvements and Water Street Property, L.L.C.'s development project; and WHEREAS, the Applicant has provided for City review an executed agreement between Applicant and Spanos LLC or their successors in interest that provides for and requires dedication of public right-of-way for APNs: 006A63-005, 006-163-0225 006A63-025, 006463-028, 006- 163-0525 006463-053, that lie within the adopted Water Street plan line, in accordance with recommended Condition 2 of Planning Commission Resolution No. 2019-04; and WHEREAS, Cinquini and Passarino Land Surveying has provided a Boundary Exhibit showing the parcels related to the Project as they currently exist, a Lot Line Adjustment Site Plan showing how the properties would be altered by the Project, and legal descriptions and diagrams showing proposed lot line adjustments on land of Water Street Properties, L.L.C., and conveyance of property to the City of Petaluma and lot line adjustments on land of the City of Petaluma and conveyance of property to Water Street Properties, L.L.C.; and WHEREAS, Civil Design Consultants, Inc. has prepared .a graphic showing the proposed relocation of a City sewer line currently located within a Public Utility Easement ("PETE") on APN 006453-052 owned by the Applicant; and WHEREAS, the Boundary Exhibit, Lot Line Adjustment Site Plan, and legal descriptions and diagrams showing proposed lot line adjustments on land of Water Street Properties, L.L.C., and the City prepared by Cinquini and Passarino Land Surveying and the graphic showing the proposed relocation of a City sewer line on APN 006-153-052 owned by Water Street Properties, L.L.C. prepared by Civil Design Consultants, Inc., are hereby made a part of this resolution for all purposes; and 4-2 WHEREAS, Chapter 3 of Part 3 of Division 9 of the Streets and Highways Code (section 8320 and following) authorizes the City to vacate public right of way, including public utility easements, subject to the noticing and other requirements specified in that chapter; and WHEREAS, in accordance with Streets and Highways Code section 8320(a)(1)5 the City Clerk has initiated general vacation proceedings regarding the PUE located on APN 006A53-052 by giving public notice of a July 15, 2019 City Council hearing on the Project, including vacation of the PUE, by published notice in the Petaluma Argus -Courier on June 27 and July 4, 2019, and mailed notice to residents and occupants within 1,000 feet of the Project site in compliance with state and local law; and WHEREAS, in accordance with Streets and Highways Code section 8323, and consistent with City Council Resolution No. 2018-107, at least two weeks before the July 15, 2019 public hearing on the Project, including the PUE vacation, the City conspicuously posted at least three notices of vacation along the PUE not more than 300 feet apart; and WHEREAS, in accordance with Streets and Highways Code section 8320(b)(1), the published and posted notice concerning the public hearing on the Project, including the PUE vacation, contained a description of the PUE proposed to be vacated and a reference to a map or plan that showed the portion or area to be vacated, and included a statement that the vacation proceeding would be conducted under Chapter 3 of Part 3 of Division 9 (Section 8320 and following) of the Streets and Highways Code, and the date, hour and place for hearing all persons interested in the proposed vacation, which date is at least 15 days after the initiation of vacation proceedings on June 27, 2019; and WHEREAS, the City Council held a duly noticed public hearing to consider the Project, including the PUE vacation, on July 15, 2019, at which time all interested parties had the opportunity to be heard; and WHEREAS, in accordance with Streets and Highways Code section 8313(a), the City Council has considered the City's General Plan 2025, and the Central Petaluma Specific Plan, and finds the Project, including the proposed vacation of the PUE on APN 006A63-052 owned by the Applicant, to be consistent with the General Plan 2025 and the Central Petaluma Specific Plan in that the Project: provides greater flexibility for future development of sites that the General Plan identifies as under under-utilized; does not preclude the development of civic space land use; enables a dense mixed-use development pattern that facilitates desired growth within the Central Petaluma Specific Plan subarea; supports the new uses and development pattern that will accompany the extension of North Water Street; enables future development to provide more pedestrian activated commercial ground floor spaces along Water Street; enables future coordinated development of contiguous lots under single ownership; and supports the alignment of City -owned property with the Lynch Creek trail; all as described in the Staff Report accompanying and incorporated into Resolution 2019-04 and the Staff Report accompanying and hereby made a part of this resolution; and 4-3 WHEREAS, the Project has been reviewed in compliance with the California Environmental Quality Act, Public Resources Code section 21000 and following ("CEQA") and has been determined to be exempt pursuant to CEQA and the CEQA Guidelines in Title 14 of the California Code of Regulations for purposes of the proposed PUE vacation pursuant to this resolution in accordance with: a) the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment, and where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA, in accordance with Section 15061, subdivision (b)(3) of the CEQA Guidelines (because the lot line adjustments and conveyances only change parcel configurations, and any later development of the affected land that may have a significant effect on the environment will be analyzed under CEQA); b) the exemption for projects which are consistent with the development density established by existing zoning, community plan, or general plan policies for which an EIR was certified and which do not require additional environmental review, except as might be necessary to examine whether there are project -specific significant effects which are peculiar to the project or its site in accordance with Section 15183, subdivision (a) of the CEQA Guidelines (because the lot line adjustments and conveyances are consistent with the existing General Plan, Central Petaluma Specific Plan and zoning policies applicable to the affected parcels and for which an EIR was certified — the changes do not preclude and are consistent with the development of civic space as a land use and are thereby consistent with the development potential otherwise envisioned by the Central Petaluma Specific Plan for the affected property - there are no resulting project specific significant effects, and any later development of the affected land that may have a significant effect on the environment will be analyzed under CEQA); and c) the exemption for projects of less than one mile in length within a public street or highway or any other public right -of --way for the installation of a new pipeline or the maintenance, repair, restoration, reconditioning, relocation, replacement, removal or demolition of an existing pipeline in section 21080.21 of CEQA as incorporated into the CEQA Guidelines at section 15282(k) (because the relocated sewer line will be located in City property used to access a City pump station from Water Street and will be less than 1 mile in length); NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Petaluma as follows: Section 1. Recitals Incorporated As Findings. The above recitals are hereby declared to be true and correct and are incorporated into this resolution as findings of the City Council. 4-4 Section 2. CEQA Exemptions. The Project, including vacation of the PUE on APN 006463-052 owned by the Applicant and relocation of the existing City sewer on that property are exempt from CEQA in accordance with Section 15061, subdivision (b)(3), Section 15183, subdivision (a), and Section 21080.21of CEQA and section 15282(k) of the CEQA Guidelines and the findings incorporated into this resolution. Section 3. Determination That PUE Is Not Useful As ANon-Motorized Transportation Facility. In accordance with Streets and Highways Code section 892, the City Council hereby determines that the PUE to be vacated pursuant to this resolution is not useful as a non -motorized transportation facility, because the PUE will be vacated to permit future development of APN 006- 163-052 including development of the area formerly occupied by the PUE and such future development is conditioned to provide for ,pedestrian and non -motorized transportation facilities in the vicinity of APN 006-163-052. Section 4. Finding That PUE Will Be Unnecessary. Having received the staff report accompanying this resolution, and having heard the evidence offered by persons interested, the City Council hereby finds in accordance with Streets and Highways Code section 8324(b), based on all such evidence, that the PUE described in the notice of hearing will be unnecessary for prospective public use upon relocation of the City sewer facilities currently located within such PUE in accordance with the requirements of this resolution. Section 5. Vacation.. In accordance with Streets and Highways Code section 8324(b), the City Council hereby vacates the PUE located on APN 006-163-052 owned by the Applicant. However, such vacation shall occur and become effective only upon satisfaction of the conditions precedent specified in this resolution. Section 6. Conditions Precedent. The actions listed in this section are conditions precedent to this resolution taking effect. Unless and until all such actions are taken and the conditions precedent satisfied, this resolution will be of no effect, notwithstanding its adoption by the City Council Upon satisfaction of the conditions precedent listed in this section, this resolution will become effective without further action of the City Council. The conditions precedent for this resolution taking effect are: a) Adoption by the City Council of an ordinance approving lot line adjustment and conveyance to Applicant of a portion of the fee parcel currently part of APN 006-163-051 located on Water Street North in Petaluma and owned by the City to merge the conveyed land with APN 006463-052 currently owned by Applicant as depicted and described in the documents prepared by Cinquini and Passarino Land Surveying prepared therefore, and running of the referendum period applicable to such ordinance. b) The Applicant providing to the City for the City's acceptance and recordation irrevocable offers of dedication for public right of way covering all portions of APNs 006-163-005, 006-163-0223 006-163-025, 006-163-0285 006463-052, and 006-163-053, that lie within the adopted Water Street plan line, consistent with Condition no. 82 of Planning Commission Resolution No. 2018-03, such 4-5 that necessary rights to commence Water Street construction are conveyed, and so that the irrevocable offer of acceptable to the City are conveyed prior to acceptance and approval by the City of the Water Street improvements and Applicant's development project. c) Relocation of the existing City sewer facilities within the PUE on APN 006- 163-052 owned by the Applicant to new City sewer facilities constructed within APN 006-163-51 owned by the City in accordance with the graphic showing the proposed relocation of City sewer facilities prepared by Civil Design Consultants, Inc., which is attached to and a part of this resolution. d) Acceptance of the sewer facilities relocated from the PUE on APN 006-163- 052 owned by the Applicant to APN 006463-051owned by the City upon inspection of such relocated sewer facilities by the City confirming that such relocated sewer facilities conform to all applicable requirements concerning such facilities and that such relocated sewer facilities are functioning as required in all respects. Section 7. City Manager Authorization. The City Manager is hereby authorized and directed to execute and/or approve on behalf of the City and, in accordance with Streets and Highways Code section 8324(b), at the appropriate time (upon such documents taking effect in accordance with this resolution) to have recorded any and all documents necessary to effectuate the purposes of this resolution, including, but not limited to, recordation of this resolution vacating the PUE on APN 006-163-052 owned by the Applicant. Section 8. City Clerk Direction. In accordance with Streets and Highways Code section 8325, the City Clerk is hereby directed, upon authorization by the City Manager, to cause a certified copy of this resolution, attested by the Clerk under seal, to be recorded without acknowledgement, N ertificate of acknowledgement, or further proof in the office of the Sonoma County Reorder. Section 9. Severability. If any provision of this resolution or the application thereof I - I r circumstance is held invalid, the remainder of the resolution, 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 resolution 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. 4-6 MjkTAjZjJjkjjWA 0 ARI Exhibit "A" VACATION OF SEWER EASEMENT Lying wn the City %J Petaluma, County of Sonoma, State .of California and being "Course Number Two" as described within that "Grant of Easement for Sewer Purposes recorded in Book 451 of Official Records, page 416, Sonoma County Records, said "Course Number Two" is recited as follows: COURSE NUMBER TWO: Along a line or course, the commencement point of which is located as follows: Beginning at a point at the intersection of the easterly line of Main Street with the center line of Coulson Alley, which said paint is distant 464.5 feet North of the intersection between said easterly line of Main Street and the Northerly line of Washington Street; thence North, 67° 40' East and along said centerline of said Coulson Alley 332.85 feet to aspike driven in the ground midway between the two railroad tracks of the Petaluma and Santa Rosa Railroad Co.; thence North 30° 05' West 301.35 feet to a spike marking the point of commencement of said Course Number Two. From said point of commencement North 61° 25' East approximately 267.89 feet to the Westerly bank of the Petaluma River. END OF DESCRIPTION Being portions of APN 006-163=052, 006-163-053 Prepared by Cinquini & Passarino, Inc. PRELIMINARY Anthony G. Cinquini, P.L.S. 8614 Date 3 W W 3 N C 0 U E >0 �.. mro Lo vrn %CDN CO Lo N r� POINT OF BEGINNING PARCEL A LANDS OF \ WATER STREET PROPERTIES, LLC \ \ DN' 2017-093334 (TRACT 3) APN 006-163-053 LANDS OF \ WATER STREET PROPERTIES, LLC DN 2017-093334 \ APN 006-163-005 �G L PNO �pP ��k S�R�201P 02� �P�ER oP G06 P LANDS OF CITY OF PETALUMA DN 1998-085194 APN 006-163-051 \. ®400 CENTERLINE OF SEWER \ EASEMENT I.F.O. CITY OF PETALUMA PER 451 O.R. 416 ® \ ("COURSE NUMBER TWO") ' WIDTH UNKNOWN GRAPHIC SCALE / so p 2s 1 inch = 50 ft. THIS DIAGRAM IS FOR GRAPHIC PURPOSES ONLY. ANY ERRORS OR OMISSIONS SHALL NOT AFFECT THE LEGAL DESCRIPTION. LANDS OF WATER STREET PROPERTIES, LLC DN 2017-093334 (TRACT 2) APN 006-163-052 JOB NAME: WATER STREET DESCRIPTION: VACATION OF SEWER LANDS OF WATER STREET PROPERTIES, LLC DN 2017-093320 APN 006-163-028 F\3 J(fi \d 60 -� OF OF GnRO ^PN6 CINQUINI & PASSARINO, INC. LAND SURVEYING LLC DRAWN BY: SCALE: 1" _ TE: BY: D ATTACHMENT 5 DATE: March 265 2019 TO: Planning Commission FROM: Brittany Bendix, Deputy Planning Manager REVIEWED BY: Heather Hines, Planning Manager SUBJECT: Water Street Properties Rezoning SmartCode Zoning Map Amendment APN 006463-051 File# PLMA-18-0004 RECOIVIIVIENDATION It is recommended that the Planning Commission conduct the required public hearing and adopt a resolution recommending the City Council approve the SmartCode Zoning Map Amendment to rezone the subject property (APN 006463-051) from the current zoning designation of CS (Civic )pace) to T5 (Urban Center) (Attachment A). BACKGROUND Project Location and Existing Conditions The subject property (APN 006-163-051) is an approximately 8,600 sf (.19 acre)parcel located on Water Street North and owned by the City of Petaluma. The property is within the CS Zone and contains a city pump station, accessed by a gravel road from the existing northern terminus of Water Street. Aside from the Petaluma River on its eastern edge, privately owned lots surround the subject property. The neighboring lots include the North River Apartments development site to the north, Lot 40, and five properties owned by Water Street Properties LLC, west and south of the subject site (Lots 05, 25, 28, 52, and 53) (Figure I: Existing Ownership). These neighboring properties are mostly within the T5 (Urban Center) zone, which permits higher density, mixed-use buildings. The exception is Lot 28, which is within the CS zone and permits civic oriented uses such as public facilities and parks. (Figure 2: Existing Zoning) Watef• Street North Extension On January 23, 2018, the Planning Commission approved the North River Apartments project, a residential mixed-use project. This approval included a condition that the project construct extensions of both Water Street North and Oak Street. The completion of these public streets would then facilitate the activation of downtown Petaluma's northern riverfront, as well as provide a connection between Petaluma Boulevard North and East Washington Street. The Water Street 5-1 extension will also include construction of a 10 -foot wide waterfront bike and pedestrian path that connects Water Street to the Lynch Creek trail via the Copeland Street Bridge. The•proposed path will turn from Water Street at the City owned parcel that provides an access route to the existing pumping station. The path will then follow the riverbank to the bridge where it connects to the Lynch Creek trail. Upon construction of the. North River Apartment buildings, the path will also extend beyond the pump station and loop back to the intersection of Water and Oak Streets. Currently, the public improvement plans for the construction of Water Street North and Oak Street are under review by City staff, while the developer of North River Apartments, the Spanos Corporation, pursues acquisition of the land necessary to complete these roads. The Oak Street extension is entirely within the North River Apartment development boundaries; however, the Water Street extension crosses 25 separate properties and requires the coordination among the public and private ownership groups of those lots. As noted above, one of these ownership groups, Water Street Properties, LLC., must dedicate the entirety of Lot 53 (.26 acres), as well as portions of Lots 05, 22; 25, 28 and 52 to the construction of the public right-of-way.for it to be successfully completed. 4Vater Street ProP erties �. rwr ' � � TAX RATE AREA City Owned .3-000 Property , ���� 3--060 North River Apartments Site 1 - .g > ,r/st" , i � 42116r SEW �r $00 511 00/ (1644JJall F '--- Y ( 'LM {r6/0 9Q s� Ri (�pI , 2b502 R v fir �,► a= � w rat..f 9 = 53 1" It 2J y i a a � RIS 371 • M r 131 r � Cd`S -• 3^t!C!♦'S 91 :i� �s'iAf ISO X41 506 h _ 307 1 I fts � N s JJ i 945 MfJ4]IY m (MAIN 5'N Figure 1: Existing Ownership rw r W!y ir•r •rrr �+•� � r � 5-2 T5 Urban Center Zone ICELA } Civic Space I Zone i � r r � r ♦ � i 1 1 � i / r , J ♦ - r /Y re 9/5 Mf M 5/0 p ► �ti - , TAX RAT€ AREA 3-060 Figure 2: Existing Zoning .PROJECT DESCRIPTION yJJJJJ .--ra►J In coordination withthe active public improvement plans for Water Street North, Oak Street and the pedestrian and bicycle path, Water Street Properties, LLC,, is pursuing the following modifications to the existing conditions of Lots 28, 51, and 52: 1. Aland transfer in which the City will convey a 2,130 sf port ion of Lot 51 to Water Street Properties LLC., in exchange for the conveyance of a 2,855 sf portion of privately -owned Lot 28 to the City (Figure 3: Proposed Ownership); 2. Concurrent re -zoning of the 2,130 sf privately -acquired area from CS to T5 (Figure 4: Proposed Zoning) 3. Vacation of a sewer easement on Lot 52; and, 4. Relocation of the sewer line within the reconfigured City -owned lot. (Figure 5: Proposed Sewer Line Relocation) 5-3 Water Street Properties LLC 0 City Ownership r•RDPosED NDRn1 aI�ER / „rc \'^ APARTVENT$ S1lE J Iri,I. dt. *A .... . N.,,, \\\ Krl •.\\ Tt. sAli64 TO ratETt 77QT 4 ,\ �• w a .. P"wo"S (7.131 wl ` \� LANDS A mmk STWV �. . 1gCllla (I T) __ � _ � • . awl s r4 •ra, PROPpsp WATER STREET - ' L=7 IL - I v n�cr •u.�ear��iar e-Jlr.aar -!P1 Tor Water Street Properties LLC 0 City Ownership r•RDPosED NDRn1 aI�ER / „rc \'^ APARTVENT$ S1lE J Iri,I. dt. *A .... . N.,,, \\\ Krl •.\\ Tt. sAli64 TO ratETt 77QT 4 ,\ �• w a .. P"wo"S (7.131 wl ` \� LANDS A mmk STWV �. . 1gCllla (I T) __ � _ � • . awl s r4 •ra, PROPpsp WATER STREET - ' L=7 IL - I v n�cr •u.�ear��iar e-Jlr.aar M� o�l�.r I 9� Arsear r� II w'e: ,+airir I 1 Aw M I I L� I II 11 I Figure 3: Proposed Ownership I ■ T5 Urban 00 �•- ; Center Zone _ �� �'��, ■ Civic Space scAlL Zone `` _�'�• Y\ LAMM TO 111E �0 V IETAIWA (1V. PROPOSED NORTH Rn£R R APARPANTS SITE d0\mj K �Y afWi M �as1 1Maa ' (awi 10 YIOt S7[CT 1 AOT'pT[S (1.110 >✓h la�'M a o"W So V) - rri a rM l'V) PROPOSED WATER STREET - -__.. _ /uwo rarlwr>• ry r+s Air I is s�v[�r I I ' rs-aaa.o I ww I � - III I I Figure 4: Proposed Zoning 5-4 -!P1 M� o�l�.r I 9� Arsear r� II w'e: ,+airir I 1 Aw M I I L� I II 11 I Figure 3: Proposed Ownership I ■ T5 Urban 00 �•- ; Center Zone _ �� �'��, ■ Civic Space scAlL Zone `` _�'�• Y\ LAMM TO 111E �0 V IETAIWA (1V. PROPOSED NORTH Rn£R R APARPANTS SITE d0\mj K �Y afWi M �as1 1Maa ' (awi 10 YIOt S7[CT 1 AOT'pT[S (1.110 >✓h la�'M a o"W So V) - rri a rM l'V) PROPOSED WATER STREET - -__.. _ /uwo rarlwr>• ry r+s Air I is s�v[�r I I ' rs-aaa.o I ww I � - III I I Figure 4: Proposed Zoning 5-4 \ �; 1 14 35FLs l •.�' . . j; f. LL ._..r_.... so r j Existing {�\ Sewer Line I Proposed Sewer Line Figure 5: Proposed Sewer Line Relocation For Water Street Properties, LLC., the proposal results in the consolidation of their developable area and relocates a sewer line, which, as an existing easement through the center of Lot 52, would otherwise inhibit development at that location. As part of this proposal the applicant has also agreed to conditions that would secure property for the right -of way needed to construct the Water Street North extension. The conditions of approval would also require the applicant to develop and. maintain civic space on privately owned Lot 28 as part of their broader development proposal. As conditioned, the civic space would be reviewed as part of the larger Site Plan and Architectural Review process and require review by the Recreation, Music and Parks Commission for feedback prior to Planning Commission hearing to consider SPAR. Finally, the applicant has agreed to a condition to coordinate with City staff on the surface treatments of the re -aligned pump station access road so that it will sensitively transition between the multi -use path and the future civic space. Ultimately, for the City, the proposal as conditioned would facilitate completion of. the Water Street North extension, require future development to construct civic space, and extend the City's riverfront property. PRIOR MEETINGS AND PUBLIC COMMENT A different iteration of this proposal was previously noticed for the November 27, 2018, Planning Commission hearing for a request to re -zone an approx. 4,545 sf portion of Lot 28 from CS to T5. (Figure 6: Previous Rezoning Proposal) In preparation for that hearing, City .Staff and the applicant had proposed conditions relative to improvements to Penry Park and inclusion of a 2,000- sf civic space within the consolidated development site. However, that item was continued without 5-5 hearing dueto requests from the public for input from the Recreation, Music and Parks Commission. The public also raised concerns that the conditions of approval, at that time, did not appropriately reconcile the loss of civic space on Lot 28. \ \ J ! RpPO:ED HORTH Rl�£R APARTUE1+Ts �>E 44 LJ PROPOSED WATER STREET 1 w LYOS TO r1IO1 f1fL7 A0�O1T[S l7.11D 4) lIM Of TO rTp S/11QT fugrplTtl f1 7n ■ T5 Urban �p Center Zone Civic Space w"` Zone N 1qf-.w•Y Figure 6: Previous Rezoning Proposal On December 19, 2018, the Recreation, Music and Parks Commission considered the proposed project as an informational item. The Commission expressed concern that the 2,000 square feet of civic space as a condition of a future development project was insufficient and grappled with the lack of certainty over the appropriate size, shape and location; regardless of potential improvements to Penry Park. While there was no specific consensus relative to how much open space should be required, the Commission agreed that future civic space must be oriented toward the river and provide some sense of connectivity to the pedestrian and bike path along the river's edge. Further the Commission expressed a desire to review any proposed civic space included in the site's future development, prior to SPAR approval by the Planning Commission. In response to the comments from the Parks Commission, the applicant revised the scope of the project. The current request no longer includes _a re -zoning of Lot 28 from CS to T5. Instead, the request now seeks to only re -zone the portion of the city -owned Lot 51, which is part of the ownership transfer between Water Street Properties, LLC., and the City. Future development of the consolidated T5 zoned sites must then include a proposal to also develop Lot 28 as a civic space, consistent with the existing zoning requirements and requirements of SmartCode Table §4.50.030.A (Attachment D). 5-6 STAFF ANALYSIS Required Approvals The item before the Planning Commission for consideration and recommendation: • SmartCode Zoning Map Amendment Subsequent entitlements for the larger project and the decision-making body include: • SmartCode Zoning Map Amendment at the discretion of the City Council • Land Conveyance at the discretion of the City Council • Easement Vacation at the discretion of the City Council • Lot Line Adjustment, processed administratively Standards of Review The project is subject to the following standards of review: • Petaluma General Plan • Central Petaluma Specific Plan (CPSP) • River Access and Enhancement Plan • Smart Code Petaluma General Plan 2025 The Petaluma General Land Use Map applies a `Mixed Use' designation to the project site. The `Mixed use designation in the General Plan includes a combination of uses, including retail, residential, commercial and/or offices, and encourages pedestrian -oriented development. Additionally, the project site is located in the Central Petaluma Specific Plan (CPSP) subarea of the General Plan. As described by the General Plan, this subarea encompasses nearly 400 acres within the heart of the city and is characterized by the Petaluma River, the Turning Basin, and an active rail corridor. The adoption of the CPSP area, which has its own goals and findings, generally aims to bridge the eastern and western portions of the city while focusing on the river front as both an amenity and linkage. The following General Plan policies, both specific to the subarea and citywide, apply to the proposed project. Staff's consistency analysis is provided in italics after each policy. Chapter 1: Land Use, Growth Management &the Built Environment Policy 1-P-2 Use land efficiently by promoting infill development, at equal or higher density and intensity than surrounding uses. Policy 1-P-12 Encourage reuse of under-utilized sites along East Washington Street and Petaluma Boulevard as multi -use residentiallcommercial corridors, allowing ground -floor retail and residential and/or commercial/office uses on upper floors. The overall proposal results in a consolidation of developable land in a manner that enables infill development to more efficiently provide an equal or higher density than under the existing conditions. Additionally, the zoning map 5-7 amendment, approved in coordination with the lot line adjustments, easement vacation, and land conveyances provides greater flexibility for future development on Lot 52, which is under-utilized. Policy 1-P-44 Develop the Petaluma River as a publicly accessible green ribbon, fronted by streets, paths, access points, and open spaces, by implementing the Petaluma River Access and Enhancement Plan within the context of the Petaluma River Corridor Design Standards. Policy 1-P-45 Development along the River shall include the creation and maintenance, in perpetuity, of public access sites. Amenities provided may include ramps, steps, docks or other means of access to the water. As noted above, the proposal results in an extension of city -owned land directly along the Petaluma River, enabling greater protection of a publicly accessible green ribbon along the western bank of the river. Additionally, the proposal includes a condition of approval that will require future development to include the creation and maintenance, in perpetuity, of 4,134 sf of public open space. Chapter 6: Recreation, Music, Parks &the Arts Policy 6-P-1 Develop additional parkland and recreational facilities in the city, particularly in areas lacking these facilities and where new growth is proposed, to meet the standards of required park acreage. Policy 6-P-2 Provide a comprehensive and integrated network of parks and open space and improve access to existing facilities where feasible. Policy 6-P-3 Connect city parks with other public facilities, open spaces, employment centers, and residential neighborhoods by locating new recreation facilities in proximity to these uses and by fully integrating the parks system with the city's pedestrian, bicycle, and transit systems. The rezoning approval includes a condition requiring future development of the TS zoned lots to develop civic space oriented towards the Petaluma River that is a minimum of 4,134 sf on. Lot 28, a site identified in the CPSP as potential park land. Additionally, this civic space will be a part of an open space network that is connected by the Lynch Creek trail. Policy 6-P-7 Neighborhood parks shall be donated, constructed, and maintained within the developing property(ies). The formation of landscape assessment dish•icts, or other funding mechanisms, to offset costs associated with developing, upgrading, and. maintaining community parks may be imposed as a condition of development. Transfer of density within a project site from donated acreage in excess of dedication/in lieu requirements may be considered. 5-8 As noted above, new civic space will be req cxired as part of a specific project's development review process. Additionally, the overall proposal results in an approach ensuring that the park will be privately constructed and maintained. Chapter 9: Economic Health and Sustainability Policy 9-P-5 Monitor availability of adequate land, transportation, and infrastructure for desired types of growth to meet the community's economic vitality goals. Specifically, facilitate development for economic activity on appropriately -designated sites. The overall proposal results in a more efficiently sited fixture development that will maximize the City's economic development goals in an area specifically noted as under-utilized Additionally, the proposal ensures that the facture development of the T5 zoned sites will be supported by the extension of Water Street North and Oak Street; which includes essential land dedications from Water Street Properties, LLC. Central Petaluma Specific Plan (CPSP) The project site is within the Central Petaluma Specific Plan's North River Area. The CPSP describes the North River Area as containing agricultural industrial uses that are dependent on both (prior) rail and truck access, with auto -oriented retail uses along East Washington Street, and restaurant, antique and service-oriented retail uses along Petaluma Boulevard North. The CPSP land use map applies Mixed Use (MU) and ASI (Agricultural Service Industrial) designations to the properties within this area, simultaneously protecting active industrial sites and encouraging new mixed-use development. The T5 and T6 zoning over this area reinforces this effort to accommodate new growth as these zoning districts are characterized, by higher density mixed use buildings that accommodate retail, offices, rowhouses and apartments. The area also includes a stretch of Civic Space zoning along the western bank of the Petaluma River. The following CPSP policies, both specific to the North River. Area and citywide, apply to the proFosed project. Staff's consistency analysis is provided in italics after each policy. .and Use Goals Goal 1 Support existing viable uses and provide for new uses that complement and complete the urban fabric. Goal 3 Encourage intensification appropriate in the area's central location. The proposal will support new uses and a development pattern that will accompany the extension of Wates° Street North. Aligning the applicant owned properties and rezoning the subject lot to the T5 zone will enable fitture development to better compliment the new urban fabric generated by the street extension and promote pedestrian activiiy that will support emerging commercial uses. 5-9 North River Area Policy 1.2 Provide for a significant component of new housing within the area. A key objective of the North River plan area is to establish a significant component of new housing near the downtown and the proposed transit center. As noted above in the General Plan findings, the overall proposal and T5 zoning designation will enable future development to provide much needed housing through a more efficient development pattern, which will also result in new residents in the area that would support downtown retail businesses, as well as pedestrian activated spaces along Water Street North and Petaluma Boulevard North. Further, as conditioned, the project would provide sufficient public open space oriented towards the Petaluma River. Public Space and River Acess Policy 2.1 Establish a ribbon of landscaped and shaded public space on the west side of the river, connecting the flood control project to the East Washington Bridge. The proposal facilitiates establishment of a City -owned property along the river and adjacent to a future pedestrian and bicycle path. This transfer to City ownership gives the City greater control over the development of public amenities directly along the river and enables direct coordination with other Water Street North property owners. Policy 2.5 Establish a new public park in the North River area. The. CPSP land use map identifies the subject property as the potential location of a public parkin the North River area. However, since its adoption in 2003, the City has not yet aquired this specific site and it remains under private ownership. The proposed rezoning, in conjunction with the lot line adjustment, easement vacation and land conveyance, extends the City's ownership of the land directly along the river and requires fixture development of the neighboring site to construct and maintain an integrated public open space on Lot 28 — a site identified in the CPSP as a new public park. As conditioned, this future civic space amenity will comply with the requirements of the SmartCode and be subject to consideration by the Recreation, Music and Parks Commission, as well as the Planning Commission. River Access and Enhancement Plan Adopted in 1996, the stated purpose of the River Access and Enhancement Plan is to describe the vision for the Petaluma river in balance with the directives of the 1987-2005 Petaluma General Plan and with the implementation objective to create `a waterfront environment that is the jewel in Petaluma's crown.' The project site is within the Lakeville Industrial Segment, regarded by the pIan as a transition area between the residential areas upstream that still contain some riparian habitat, and the more urbanized, pedestrian oriented downtown. This segment encourages habitat restoration and beautification through increased landscaping, especially upstream of the Washington Street bridge. 5-10 The following River Access and Enhancement Plan goal, objectives and policies, both specific to the subarea and citywide, apply to the proposed project. Staff's consistency analysis is provided in italics after each policy. Goa130 Promote balanced use of the river corridor Objective 3.1 Encourage the development of properties along the river corridor in a manner that responds to the riverfront location, enhances the riverfront environment, and provides public access, and is consistent with the General Plan, as further defined by this Plan. Objective 3.5 Encourage riverfiont public recreational access and uses. The conditions of approval ensaxre that future development will include �^iver- oriented civic space to .be consistent with the SmartCode and reviewed by both the Recreation, Music and Parks Commission and the Planning Commission. Through the land conveyance, the city will also aquire additional riverfront property that will facilitiate management and fixture development of the Lynch Creek Trail's connection to the greater Turning Basin Loop over the Copeland Street trail bridge. Chapter 3.6 Downtown Se�rnent Policy 1 g Develop a special stopping place for trail users in the vicinity of the Copeland Street trail bridge. Policy lh Provide a trail along Water Street between the utility crossing bridge and Washington Street. The overall project aligns the city owned property with amulti-use path, the Lynch Creek Trail, that connects the Copeland Street trail bridge to the Water Street North extension, improving access to Washington Street. This will enable fixture development of a special stopping place for trail users, especially when realized through the future development of the applicant -owned properties per the Conditions of Approval. Smart Code The project proposes rezoning Lot 51 from the current zoning designation of CS (Civic Space) to TS (Urban Center). The SmartCode identifies Civic Space as both a "zone" and a "land use." As a zoning designation, the SmartCode does not provide any specific guidance beyond its identification as "civic space," inherently providing flexibility for civic uses or spaces that range from a City services building, like a pump station, to a park. SmartCode Table §4.50.030.A provides the only specificity for the development of civic space and it only applies to the civic space land use typologies (i.e. community parks, neighborhood squares, and pocket plazas) located within the T1 -T5 transect zones. Alternatively, the Smart Code includes a description and standards for each of the transect zones. The TS zone consists of high-density mixed-use buildings that accommodate a variety of uses 9 -11 including retail, office, rowhouse and apartments. More specifically, the SmartCode characterizes this zone as shops mixed with townhouses, larger apartment houses, offices, workplace and civic buildings that are all accompanied by substantial pedestrian activity. Within the T5 zone there are no requirements for minimum or maximum lot area or lot coverage, and building placements are characterized by shallow front setbacks with buildings contributing to a well-defined street wall. As noted above, civic spaces within the T5 zone are a land use typology and are considered public amenities that provide open space in a dense built environment. See Attachment D for the Civic Space Type Standards Permitted in T5. PUBLIC COMMENT As described above, initial public notice for a related proposal, was completed for a Planning Commission hearing scheduled for November 28, 2018. This notice included publication in the Argus Courier on November 15, 2018 and mailed notice to all property owners and occupants within 1,000 feet of the subject property. On November 13, 2018, a sign was also posted on the subject property notifying the general public of a Planning Commission hearing on this project. During the comment period, staff received four letters. These comments expressed concerns for a net loss of civic space, as at that time the proposal only included a condition for 2,000 sf of civic space to be provided in future development, and at a location yet to be determined. Comments also raised concern that the net loss of civic space was not thoroughly considered relative to the policies of Chapter 6 (Recreation, Music and Parks) of the Petaluma General Plan 2025. Finally, the comments included a request that the proposal seek consideration from the Recreation, Music and Parks Commission. As a result of the public comment, the hearing was continued without discussion. Upon completion of an information hearing with the Recreation, Music and Parks Commission on December. 19, 2018, and subsequent revisal to the proposed scope of work and conditions of approval, the proposed re -zoning has been re -noticed for the March 26, 2019, Planning Commission hearing. This notification includes posting of a sign on the subject lot advertising the hearing on March 10, 2019. Notification also included publication in the Argus Courier on March 14, 2019, and mailed notice to all property owners and occupants within 1,000 feet of the subject propert y ENVIRONMENTAL REVIEW The project has been reviewed in accordance with the California Environmental Quality Act and found to be categorically exempt under CEQA Guidelines Sections 15061 (General Rule) and 15183 (Specific Plan Consistency) as the rezoning from the Civic Space zone the T5 zone does not preclude the development of Civic Space as a land use and is thereby consistent with the development potential otherwise envisioned by the Central Petaluma Specific Plan. ATTACHMENTS A: Draft Resolution for SmartCode Map Amendment B: Draft Ordinance C: Project Plans D: Civic Space Type Standards Permitted in T5 ATTACHMENT 6 RECOMMENDING THAT THE CITY COUNCIL AMEND THE CENTRAL PETALUMA SPECIFIC PLAN ZONING MAP IN SECTION 2 OF "APPENDIX A" SMARTCODE TO RE -ZONE A 2,130 SQUARE -FOOT PORTION OF APN 006-163-051 FROM THE CURRENT ZONING DESIGNATION OF CS (CIVIC SPACE) TO T5 (URBAN CENTER) SUBJECT TO THE ATTACHED CONDITIONS OF APPROVAL APN 006-163-051 FILE NO, PLMA=18-004 WHEREAS, Tony Cinquini, on behalf of property owner, Water Street Properfiies, LLC., submitted an application for a SmartCode Zoning Map Amendment to rezone a 2,130 square -foot portion of the property at APN 006-163-051 from CS (Civic Space) to T5 (Urban Center) as part of a broader proposal that includes a lot line adjustment, land conveyance between Water Street Properties, LLC., and the City of Petaluma, relocation of a sewer line, and abandonment of the existing sewer line easement; and . WHEREAS, the project has been reviewed in compliance with the California Environmental Quality Act (CEQA) and has been determined to be categorically exempt pursuant to Sections 15061 (General Rule) and 15183 (Specific Plan Consistency) as the rezoning from the Civic Space zone the T5 zone subject to the Conditions of Approval attached to and made a part of this resolution as Exhibit 2 ("Conditions of Approval") does not preclude the development of civic space as a land use and is thereby consistent with the development potential otherwise envisioned by the Central Petaluma Specific Plan; and WHEREAS, the proposed change to the existing zoning designation requires amendment to the zoning map in the Central Petaluma Specific Plan's Appendix A Smank ode, and WHEREAS, the proposed amendment to the zoning map and Conditions of Approval are consistent with the General Plan 2025 and the Central Petaluma Specc Plan in that the proposed rezoning facilitates the following: provides greater flexibility for future development of sites that the General Plan identifies as under under-utilized; does not preclude the development of civic space land use; enables a dense mixed-use development pattern that facilitates desired growth within the Central Petaluma Specific Plan subarea, supports the new uses and development pattern that will accompany the extension of North Water Street; enables future development to provide more pedestrian activated commercial ground floor spaces along Water Street; enables future coordinated development of contiguous lots under single ownership; and supports the alignment of City -owned property with the Lynch Creek trail; all as described in the Staff Report, which is hereby made a part of this resolution by this reference; and WHEREAS, public notice of the March 26, 2019 Planning Commission hearing was published in the Petaluma Argus -Courier and mailed to residents and occupants within 1,000 feet of the Project site in compliance with state and local law; and WHEREAS, a public hearing sign was posted on site at least 17 days prior to the Planning Commission meeting, consistent with the City Council Resolution No. 18-107; and WHEREAS, the Planning Commission held a duly noticed public hearing to consider the Project, including the proposed Zoning Map Amendment on March 26, 2019, at which time all interested parties had the opportunity to be heard; and Planning Commission Resolution No. 2019-04 Page 1 6-1 NOW THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Petaluma as follows: 1. The above recitals are true and correct and are incorporated herein by reference as findings of the Planning Commission. 2. The Planning Commission hereby recommends that the City Council approve the proposed rezoning and amend the zoning map for the CPSP as shown in attached Exhibit 1, based on the following findings. A. The proposed amendmeht to the Zoning Map is subject to the Conditions of Approval attached as Exhibit 2 and is in conformance with the General Plan and CPSP, as further described in the staff report. B. The proposed Zoning Map Amendment is rezoning subject to the Conditions of Approval attached as Exhibit 2 and is consistent with the public necessity, convenience, and general welfare in that it would allow for a more efficient future development of sites identified as under-utilized in the General Plan, as further described in the staff report. Additionally, the zoning standards would be further implemented through future Site Plan and Architectural Review permits to ensure that each future structure, park or other improvement is an attractive element that integrates with the rest of the community both on- and off-site. ADOPTED this 26�h day of March, 2019, by the following vote: Commission Member Aye No Absent Abstain Councilmember McDonnell X Chair Marzo X Vice Chair Alonso X Bauer X Gomez X Streeter X Wolpert X Cher Hines, Commission Secretary and Marzo, Chair APPROVED AS TO FORM: Lisa Tennenbaum, Planning Commission Resolution No. 2019-04 Cant City Attorney Page 2 6-2 PROPOSTiO NOR1N RIPER APAR11[ENIS 5(lE ZONING MAP DIAGRAM R T5 Urban Center Zone ® Civic Space Zone -l10�` �~ • bN &4N1 VaE� fW �\ • v n... Rwam. EW 1, t.' lMOi TO "TP S7¢T llmay}, ellopmrs LAOS TO yTC► STOUT Teems I1 Sn`)l� �^ = rays uY fWf PROPoSEo WATER STREET .w"°�'Wwr 1 (a,ele 16a'N Y N� A5f•r/y;yr _��� (_ •I 1 I i — Yy u��)(( �I�]�•t1 •LTi yac>> 41 MI=Y}yy I � I I I)I ZONING MAP AMENDMENT FOR THE APN 0064 63-051 �•owssu , , II I I N••V '� I I I — LOCATED WITHIN THE CENTRAL PETALUMA SPECIFIC PLAN Planning Commission Resolution No. 2019-04 Exhibit 1 Page 3 6-3 MAP AMENDMENT CONDITIONS OF APPROVAL APN 006-163-051 Project File No. PLMA-18-0004 PLANNING DIVISION Exhibit 2 1, The applicant shall defend, indemnify and hold harmless the City and its officials, boards, commissions, agents, officers and employees ("Indemnitees") from any claim, action or proceeding against Indemnitees to attack, set aside, void or annul any of the approvals of the project to the maximum extent permitted by Government Code section 66477.9. To the extent permitted by Government Code section 66477.9, the applicant's duty to defend, indemnify and hold harmless in accordance with this condition shall apply to any and all claims, actions or proceedings brought concerning the project, not just such claims, actions or proceedings brought within the time period provided for in applicable State and/or local statutes. The City shall promptly notify the applicant of any such claim, action or proceeding concerning the subdivision. The City shall cooperate fully in the defense. Nothing contained in this condition shall prohibit the City from participating in the defense of any claim, action, or proceeding, and if the City chooses to do so, applicant shall reimburse City for attorneys' fees and costs incurred by the City to the maximum extent permitted by Government Code section 66477.9. 2. Prior to and as a condition of approval of the map amendment, the applicant shall provide for City review an executed agreement between Water Street LLC and Spanos LLC or their successors in interest that provides for and requires dedication of public right-of-way for APNs: 006-163-005, 006- 163-022,00&1 6M25I 06- 163-022,006-163-025, 006-163M 006-163-052, 006-163-053, that lie within the adopted Water Street plan line, consistent with Condition #82 of Planning Commission Resolution No. 2018-03, such that necessary rights to commence Water Street construction are conveyed, and so that an irrevocable offer of dedication or other permanent right of way conveyance acceptable to the City is conveyed prior to acceptance and approval by the City of the Water Street improvements and Water Street Property's development project. 3. Future development of the expanded privately -owned lot shall also be conditioned on development of the adjacent civic space parcel (approximately 4,134 square feet) to implement the civic space standards permitted in the T5 zoning district, as outlined in SmartCode Table 4.50.030.A. The civic space shall be oriented towards the Petaluma River and the ultimate design and amenities provided within the civic space shall be reviewed as part of Site Plan and Architectural Review for the larger project entitlements. The civic space shall provide for public access and shall be maintained in perpetuity by the property owner. 4. The design, and amenities of the proposed civic spaces shall be reviewed by the Recreation, Music, and .Parks Commission for feedback and recommendation prior to Site. Plan arid Architectural Review consideration by the Planning Commission, 5. To better integrate the future civic space with the Petaluma River and the policies and objectives of the Petaluma River Enhancement Plan, Genesi Plan, and Central Petaluma- Specific Plan, the access road to the city pump station shall be surfaced with scored concrete or comparable material, subject to approval by the City Engineer, as part of public improvement plans for North Water Street. The access road to the City pump station shall be designed to soften the interface between the civic space, the access road, the pedestrian path, and the Petaluma River, Punning Commission Resolution No. 2019-04 6-4 ATTACHMENT 7 ►�'Ti�l�)rli�� Wednesday, December 19, 2018 1. CALL TO ORDER - 7:00 P.M. 2. ROLL CALL A. Present: Cassidy, Cusimano, Leventhal, McDonnell, Sass, Schor Absent/Excused: Miller 3. PLEDGE OF ALLEGIANCE 4. AGENDA CHANGES AND DELETIONS No Changes, Recreation Supervisor D Halter to introduce new staff member. 5. PUBLIC COMMENT A. Susan Kirks Board Chair of Paula Lane Action Network established Z; in 2000 was responsible for the work that was done to bring the over one -million -dollar matching grant to Petaluma for the Paula Lane Nature Preserve. Kirks wanted to follow up about a comment that was made at the last Commission meeting regarding restoration planned for the Petaluma Wetlands. Point Blue Conservation Science received a large grant from the AA parcel tax measure funds. Madrone Audubon Society and Audubon Chapters along with the Audubon California were active in the passage of the measure. This was a 9 -county parcel tax measure with a cumulative vote. Even though the measure did not pass in Sonoma County, as anticipated, Sonoma County will receive benefits from the tax measure. The Petaluma Wetlands are the northernmost part of the San Francisco Bay Estuary. One area identified for possible restoration with STRAW is McNear Peninsula. The, restoration through this grant should not be used to address conservation easement code violations at McNear Peninsula. One the agenized item regarding the Polly Klaas Performing Arts Center, I may not be able to stay this evening and wanted to say that Norma and Joe Billing who were instrumental in the Christian Church in Petaluma should be represented here this evening. History related to the Christian Church and community was not included in the staff report. Additional information about the history prior to 2007 was also not included. Paula Lane Action Network is the nonprofit organization in Petaluma that began the practice of nonprofit and City partnerships to achieve goals and good for the community. B. Tammara Norman, a Petaluma resident, believes the re -zoning of the Water Street Project would not benefit the City of Petaluma and does not uphold policy. Norman expressed her concern about the riverfront greenbelt which leads to the newly installed pedestrian bike bridge that connects to the Lynch Creek Trail. She believes narrowing and de-emphasizing that trail connection would be a disadvantage and would eliminate the opportunity to. create a public space across from the River. Page 3 7-1 C. Dave Alden, a Petaluma Resident, stated he is likely to support any residential proposal along Water Street and agrees we need more housing, however does not support getting rid of Riverside Park. He also stated that improving Penry Park would not meet the needs of the residents along Water Street. Alden believes leaving a blank canvas for future generations, so that they can build a park to what meets their needs. Alden requested that the Commission deny the rezoning of this property. D. Taryn Obaid, a Petaluma resident believes the rezoning of Water Street would be tragic and it would be taking away from nature. Obaid stated the current location is a natural place to stop and appreciate the architecture and believes that building more houses doesn't give humans a healthy quality of life. 6. PRESENTATION A. Drew Halter, Recreation Supervisor, introduced new staff member Kevin Hays, Recreation Coordinator who will be overseeing adult sports, specials events, as well as various other tasks. 7: APPROVAL OF MINUTES A. Approval of Minutes of Regular Recreation, Music and Parks Commission Meeting of Wednesday, October 17, 2018 B Schor suggested changing page five, under Commissioner Comment, that the moderator be changed to include Congresswoman Lynn Woolsey's full name. Motion to approve minutes of October 17, 2018, with suggested change, made by R Cassidy, Seconded by S Sass. Vote: Motion carried 5-0 8. NEW BUSINESS A. Commission Action Recommending that the City Council Approve an Ordinance Authorizing Conveyance of Property, Commonly Known as the Polly Hannah Klaas Performing Arts Center, to the Polly Klaas Foundation, Subject to Certain Restrictions and Effective upon a Successful Capital Campaign to Raise Funds for Building Renovation. S Brodhun stated the action they are seeking is a recommendation from the Commission that the City Council approve an ordinance that would convey the Polly Hannah Klaas Performing Art Center to the Polly Klaas Foundation. This conveyance would be subject to restrictions and a successful fundraising campaign. The building was purchased by the City in 1971 for $22,500. The City's intention was to expand City Hall facilities and demolish the building, however the City ultimately kept the building then known as the Five Corners Community Center. In 1994 the City Council dedicated and renamed the building to Polly Hannah Klaas Performing Arts Center, to honor Klaas's love for the performing arts. There have been several efforts to renovate the building. The Petaluma Leadership Class of 2000 exerted a large amount of effort that involved significate planning and fundraising. In 2004 their efforts were derailed by an executive directorwho embezzled funds. PHK left a fund balance of nearly $170,000 in an account with the City to be used for the intended purpose of renovation of the building as a performing arts venue for the youth. Those funds remain held by the City today. In 2008 and 2009 the City made efforts to partner with Cinnabar Theater, the same time the recession began, resulting in Cinnabar having to withdraw their partnership. An additional attempt to renovate the building was made as part of the 2012 Measure X campaign, however the measure, which required a two-thirds majority yes vote, was defeated despite achieving a 61.9% yes vote. 7-2 The Polly Klaas's project requires a partnership to move this project forward, however, the partnership is contingent upon a capital campaign to raise $1.5 million. As part of the campaign, the City would transfer $40,000 of the funds that have been held as capital to be used in the campaign. If the campaign is successful the foundation would own, renovate, operate and maintain the building. There would be deed restrictions assuring that the intended use is maintained. The intended use is performing arts with a focus on children. There would be language that would assure if the foundation determined they could no long operate the building the City would have the first opportunity to purchase the building back at the renovation cost, or the foundation and the City could agree on a buyer that could fulfill the intended use of the building. There is likely to be a non -transferable parking agreement as part of the deal, which would allow the facility to make use of City parking areas. From the City's prospective there are three goals: to protect against the destruction of the building, protect the intended use of the building, and to turn the building info the tribute it was originally meant to be. Polly Klaas Foundation Executive Director, Raine Howe provided the commission with some background on the foundation. Howe is suggesting calling the building "The Polly Klaas Community Theater". Howe stated Klass was abducted from her Petaluma bedroom in 1993, but prior to her abduction, Klaas loved to dance and sing, with her favorite thing being on stage. The Polly Klaas Foundation board members and executive staff have proposed a potential partnership with the City of Petaluma to renovate the theater which has the capacity to benefit the entire community and honor Polly in a meaningful way. The fundraising goal is $1.5 million, $1.2 million going towards the renovation and $300,000 for the first two years of operation. The City of Petaluma is holding approximately $165,000 towards this effort. Once the funds are raised through the PKF, the City of Petaluma will transfer ownership of the building to PKF, so the renovation can begin. PKF has met with Stakeholders, conducted surveys, completed engineering reports, completed architectural designs, obtained three general contractor bids, and have met with sub -contractors. Howe stated that donations are tax-deductible and that a separate account has been established to accept donations for the project. PKF is donating $50,000 in-kind by dedicating staff members to conduct the capital campaign as part of their regular duties for the foundation. Once the theater's. ownership is transferred from the City to the PKF, the foundation can conduct the renovation using discounted services, volunteers, and donated supplies. Howe mentioned that any donations can be made by visiting an Exchange Bank where anyone can ask to donate to the Polly Klaas Community Theater Project, or a donation can be mailed to Polly Klaas Community Theater, PO Box 2008 Petaluma, Ca 94953 or people can visit PollyKlassCommunityTheater.org. S Sass thanked Howe for her hard work and believes the project is going to be fantastic. B Schor believes the building is something Petaluma needs as art space is limited in Petaluma and applauds the Polly Klaas Foundation for taking on this challenge and is aware raising capital funds can be difficult. Schor supports the foundation and believes this building gives children the chance to express themselves. While Schor supports the foundation, concept and partnership, she prefers there not be a transfer of the building, but instead have an agreement similar to Mentor Me, a dollar a year for fen years with option to renew. S Brodhun stated the cost of the project is substantially higher if the .City owns the building. The City doesn't have the capacity to manage the building or programs, but the City does have the opportunity to obtain the building if need arises. R Leventhal asked if this project is eligible for the arts fund. S Brodhun stated the art fund is used for public art and this project does not fall under that category. Motion to approve the recommendation that the City Council Approve an Ordinance Authorizing Conveyance of Property, Commonly Known as the Polly Hannah Klaas Performing Arts Center, to the Polly Klaas Foundation, Subject to Certain Restrictions and effective upon a Successful Capital Campaign to Raise Funds for Building Renovation made by K McDonnell seconded by M Cusimano. Page 5 7-3 Vote: Motion carried 5-1 Yes: Cassidy, Cusimano, Leventhal, McDonnell, Sass No: Schor B. Receive Comments from the Commission Regarding Draft Conditions of Approval Associated with the Zoning Map Amendment Application to Re -zone Property (APN 006-163-028) from the Current Zoning Designation of CS (Civic Space) to T5 (Urban Center). Deputy Planning Manager, Brittany Bendix, gave the commission background on the project location and existing conditions. The subject property is an approximately 7,400 square foot parcel located on Water Street and owed by Water Street Properties, LLC. The site is North of the East Washington Street Bridge and located on the western bank of the Petaluma River. Bendix explained Figure one, which showed four lots that are all under the same ownership as the subject site. These properties are contiguous, under one ownership and zoned T5, except for Lot 28, owned by the City and zoned Civic Space. The City owned property is L-shaped, adjoining to the Petaluma River, contains a pump station, and provides access from Water Street North to the pump station. North of the properties is the site of an approved major development. project known as the North River Apartments. Figure two identifies the ownership of all properties, noting the location of the North River Apartments project the lots owned by Water Street, LLC., and the City owned pump station lot. Figure three indicates the existing zoning for these same properties. Figure four and five shows a 2,130sf portion of the city owned Lot 51 which will be conveyed to Water Street Properties LLC.; and a 2,618 sf portion of privately owned Lot 28 will be conveyed to the City, netting the City an additional 488 sf of space. Figure six and seven show the remaining portion of the lot, located directly along the river frontage. The overall project description includes a zoning map amendment, lot line adjustment, land conveyance, the City's relocation of a sewer line, and abandonment of the existing sewer line easement. The next step is to present to the Planning Commission to receive a resolution where they provide suggestions to the City Council on how to take their action. The City Council will discuss the rezoning resolution and the land conveyance and easement abandonment. The last step would be the administrative approval of the lot line adjustment and then a SPAR application, site plan and architectural review. B Bendix stated as one condition of approval for the Lot Line Adjustment, the property owner will provide a monetary contribution for the improvement of Penry Park, as identified in the Penry Park Improvement Project- Cost Estimate. That number has since risen, due to an updated cost estimate that was recently provided. The estimate includes construction management and design. The second condition is whatever development comes before them during SPAR review contributes a minimum of 2,000 sf of Civic Space as part of that development. K McDonnell asked what Civic Spaces are allowed. B Bendix stated the allowed Civic Space types that are permitted are a pocket plaza and pocket park. Water Street Properties LLC., Applicant, Chris Scerri stated Water Street Properties is a locally owned and operated company, with some of its primary companies being Golden State Lumber and Advanced Building Solutions. These companies would be helping to develop this site. C Scerri reviewed an aerial view of Water Street North and site plan of proposed changes which show legal reference points, current buildings, and parcels. C Scerri shared the proposed sewer relocation map and states Public Works has met with him to discuss this relocation. Some benefits of this project will include: housing, walkability to downtown, improvement of City parks, and the alignment of the multiuse path along the river, which will promote use of the corridor. Page 6 74 R Leventhal asked if the pocket park will be both a park and access road to the sewer pump station. B Bendix stated that there is a point where that can be altered. B Schor states she feels obligated to protect all civil space for the public and to take it away for a housing development would not be fulfilling to the public. She also feels there is not enough information given at this time. K McDonnell states Petaluma needs more park space and wishes the Commission could review the final layout of the project. If the proposed pathways are narrow, he suggests the roadway be a civil promenade. S Sass believes the size, shape, and location of the project will play a crucial role in approving this project. Housing is needed but once this project is approved there is no going back. C Scerri stated that Water Street LLC, is in the beginning phase of this project, which is why they do not have a final proposal. C Scerri stated he would be happy to come back with a new conceptual design once the site is modified. 9. OLD BUSINESS A. None 10. COMMISSIONER COMMENT A. M Cusimano wanted to highlight Fox Hollow Park and how well-groomed it is. She stated that The Museum fundraiser was changed to March due to low ticket sales. In addition, there will be caroling on December 22, 2018, which will begin at the Museum, and a New Year's party on December 31, 2018. B. S Sass stated her parks look great and wanted to thank Jeff Gittings and Scott Brodhun for their quick responses. Sass was able to visit Wickersham Park after the volunteer cleanup was done and said it looks great. Sass is working with the Petaluma Police and Fire Departments, Petaluma Mothers Club, as well as the Sonoma County Office of Emergency Preparedness to host an emergency preparedness class on January 31, 2019 at the Petaluma Community Center. Co B Schor stated the Public Art Committee approved a small artwork piece, which will be on the large garage wall that is on the alleyway of Keller Street and Maxfield Bala is the artist. On January 12, 2019 there will be a Water Street Public Art presentation by Brian Goggin regarding the bathtub art project and on January 27, 2019 there will be a two-day presentation. In addition, Schor mentioned that David Best just had his contract approved by the City to do another large art installation of the Lynch Creek Trail. D. R Cassidy stated the Tree Committee did not meet in December. Cassidy asked for an update on Sunset Park. S Brodhun stated he had a conversation with Planning and funds are being held to allow that project to be completed. Brodhun also mentioned PG&E had resolution to an issue they had, which was part of a hold up, but he will continue to press. E. K McDonnell stated the Youth Commission's next topic will be on environmental issues. McDonnell also mentioned that this is his last Recreation, Music, and Parks Commission meeting and is very thankful for all the work this commission has done. 11. STAFF COMMENT A. J Gittings stated that Miracle League submitted their comments for the bathrooms, concession stand, and pavilion. The construction company finished laying the rubberized surface and the fence posts have been installed. J Gittings stated the winter months are the irrigation off season, which allows parks crews to take care of deferred park and tree maintenance. B. S Brodhun congratulated K McDonnell on being elected for City Council and stated he will likely rotate off the Commission and be subject to the Mayor's assignment as a liaison. There will be a replacement who will attend January's meeting. Page 7 7-5 . S Brodhun let the Commission know that the January Recreation, Music and Parks Commission meeting will be staffed by Recreation Supervisor Drew Halter and Parks and Facilities Manager Jeff Gittings. 12. COMMUNICATIONS A. None. 13. ADJOURN - 9:00 P.M. Next Meeting of the Recreation, Music and Parks Commission scheduled for Wednesday, January 161 2019. ATTACHMENT 8 City of Petaluma, CA City Council Chambers City Hall, 11 English Street Petaluma, CA 94952 Telephone 707/778-4301 /Fax 707/778-4498 E -Mail cdd@ci.petaluma.ca.us Web Page http://www.ci.petaluma.ca.us Planning Commission Minutes Tuesday, March 26, 2019 — 07:00 PM Regular Meeting DRAFT MINUTES 1. CALL TO ORDER Chair Marzo opened the meeting at 7:00 pm 2. ROLL CALL PRESENT: Diana Gomez, Bill Wolpert, Richard Marzo, Heidi Bauer, Scott Alonso, Patrick Streeter, and Kevin McDonnell. ABSENT: None. 3. PUBLIC COMMENT The Commission will hear public comments only on matters over which it has jurisdiction. There will be no Committee/Commission discussion or action. The Chair will allot no more than three minutes to any individual. If more than three persons wish to speak, their time will be allotted so that the total amount of time allocated to this agenda item will be 15 minutes. Chair Marzo opened the General Public Comment period Paul McGavin, Petaluma resident, noted his work to help pass local ordinance in Petaluma to help protect residential zones against the close proximity of micro radiation antennas (cell towers). He stated that there was a new ordinance (FCC -133) that passed by the Federal Communications Commission to deregulate the cities' around the country and negate the hard work that the City of Petaluma and other cities put into passing a good ordinance regarding cell 8-1 towers. He used the example of Sebastopol which he claimed is in a public health crisis due to cell towers. Lendry Purcell, public member, has had a growing concern for environmental health hazards including cell tower emissions. She believes that once a cell tower goes up on a lamppost, there is not much you can do to protect yourself. She noted that there is scientific research showing that cell tower emissions exposure causes cancer and that cities around the country are working on ordinances. She believes that Paul McGavin's hard work has been very important and this is something to pay attention to. Chair Marzo closed the General Public Comment period 4. COMMITTEE COMMENT A. Council Liaison — Kevin McDonnell Vice Mayor McDonnell reported on recent City Council topics of interest such as PEP Housing funds, public art and Safeway appeals, and an electric bus project. He stated that there will be a City Council Goals meeting on April 6th that is open for public participation. He also attended Santa Rosa City Council's CASA Compact meeting and learned that Santa Rosa has have made efforts in every area of the 10 CASA goals. B. Pedestrian and Bicycle Committee — Bill Wolpert Commissioner Wolpert reported that the next PBAC meeting with be April 3rd, therefore, he had nothing to report. C. Tree Advisory Committee — Scott Alonso Commissioner Alonso, who is new on this committee, noted that the next Tree Advisory Committee meeting is in mid-April D. Other Committee Comment Chair Marzo welcomed the new Commissioner, Patrick Streeter 5. STAFF COMMENT A. Planning Manager's Report Heather Hines, Planning Manager, reminded the Commissioners about the Council Goal Setting meeting on April 6th 9:00 am at the Petaluma Community Center and is open to the public She also said that an appeal for the Woodridge PUD & SPAR modification project was submitted in addition to a building permit application for the Adobe Road Winery project. Commissioner Bauer 8-2 S. Hines Commissioner Wolpert Ms. Hines Lisa Tennenbaum, Assistant City Attorney 6. APPROVAL OF MINUTES A. Approval of Minutes for the meeting of Tuesday, December 111 2018 &January 8, 2019. PC Draft Minutes 12-11-18 PC Draft Minutes 1 -OS -19 The 12/11/18 and 1/8/19 Planning Commission minutes were approved as submitted. 7. PRESENTATION A. Update on City's housing strategies and Regional Housing Need Allocations. Staff: Sue Castellucci, Housing Administrator Sue Castellucci, Housing Administrator Commissioner Wolpert Ms. Castellucci Commissioner Wolpert As. Castellucci Commissioner Wolpert As. Castellucci Commissioner Alonso As. Castellucci Commissioner Alonso As. Castellucci Commissioner Bauer S. Castellucci Commissioner Bauer Ms. Castellucci Ms. Hines Ms. Castellucci Ms. Hines Commissioner Bauer As. Hines Vice Mayor McDonnell As. Castellucci Vice Mayor McDonnell As, Castellucci Vice Mayor McDonnell As. Castellucci Chair Marzo As. Castellucci Chair Marzo As. Castellucci Chair Marzo As. Castellucci Chair Marzo As. Castellucci Chair Marzo Commissioner Streeter Ms. Castellucci Ms. Hines Vice Mayor McDonnell Chair Marzo 8. OLD BUSINESS A. Water Street Properties -Zoning map amendment to the SmartCode, a lot line adjustment, and relocation of an existing sewer line. Staff: Brittany Bendix, Deputy Planning Manager Project #: PLMA48-0004 APN: 006-163-051 PC Staff Report Attachment A -Map Amendment Resolution Attachment B -Draft CC Ordinance Attachment C - Plans Attachment D -Civic Space Standards Ms. Hines Chair Marzo Brittany Bendix, Deputy Planning Manager Commissioner Alonso Ms. Bendix Chair Marzo Chris Scerri, Water Street Properties, Applicant Chair Marzo Chair Marzo opened the public comment period. Dave Alden, Petaluma resident, felt that this proposal is much better than the proposal presented to the Music, Recreation and Park Commission, however, he is still opposed to the project due to the reduction of the waterfront park. Putting the park area back into housing development is not the same sense of a public place. He suggested realigning the sewer line on the existing city property. He feels that the proposed alignment is unnecessary and therefore cannot support the project. Taryn Obaid, public member, requested that the commissioners not give this parkland away to a developer because they propose to take away 30 - 50% which reduces it substantially. The new development is for seniors and veterans and they won't need the parkland for access. She believes that if you just have a sliver of the park, it is not a real park and the public needs this park area to remain intact. 8-5 Tammara Norman, public member, believes that this is a vast improvement from the original proposal. She feels that civic space has a different perspective and parks don't always have to be green. There are other components that can be considered civic space rather than parks, such as hardscape and plazas. A portion of civic space will be owned and maintained by the developer, a portion by public works, and a finger of pedestrian access. She was concerned about how these areas would be viewed, as a whole or separately. Commissioner Gomez Ms. Bendix Commissioner Gomez Mr. Scerri Commissioner Gomez Gina Petnic, City Engineer Commissioner Gomez Commissioner Wolpert Ms. Bendix Ms. Hines Commissioner Wolpert Ms. Hines Ms. Bendix Commissioner Wolpert Ms. Bendix Commissioner Wolpert Ms, Bendix Commissioner Wolpert Ms. Bendix Commissioner Wolpert Ms. Bendix Commissioner Wolpert Ms. Bendix Commissioner Wolpert Ms. Bendix Commissioner Wolpert Ms. Bendix Ms. Hines Commissioner Wolpert Ms. Hines Commissioner Wolpert Ms. Bendix Ms. Hines Commissioner Wolpert Ms. Hines Commissioner Wolpert Ms. Hines Commissioner Wolpert Ms. Bendix Commissioner Wolpert Ms. Bendix Ms, Petnic Commissioner Wolpert Ms, Petnic Commissioner Wolpert Ms. Petnic Commissioner Wolpert Commissioner Alonso Ms, Bendix Commissioner Alonso Ms, Bendix Commissioner Alonso 8-7 Ms. Bendix Commissioner Alonso Ms. Bendix Ms. Hines Ms. Bendix Commissioner Alonso Ms. Hines Commissioner Wolpert Ms. Hines Commissioner Alonso Ms. Hines Ms. Bendix Ms. Hines Commissioner Alonso Commissioner Streeter Ms. Bendix Ms. Hines Commissioner Streeter Ms. Petnic Commissioner Streeter Commissioner Wolpert Commissioner Bauer Ms. Bendix Commissioner Bauer Ms. Bendix Commissioner Bauer Ms, Bendix Commissioner Bauer Vice Mayor McDonnell As. Petnic Vice Mayor McDonnell Ms. Hines Vice Mayor McDonnell As. Hines Vice Mayor McDonnell Mr. Scerri Ms. Tennenbaum Commissioner Wolpert Or. Scerri Commissioner Wolpert Or. Scerri Commissioner Wolpert Mr. Scerri Vice Mayor McDonnell Or. Scerri Vice Mayor McDonnell Commissioner Bauer Or. Scerri Commissioner Bauer Ms. Hines Commissioner Bauer Ms. Hines Commissioner Bauer Ms, Hines Commissioner Gomez Chair Marzo Ms. Bendix Chair Marzo Ms. Hines Chair Marzo Ms. Hines Chair Marzo Ms. Hines Chair Marzo Ms. Bendix Chair Marzo Ms. Bendix Chair Marzo Commissioner Bauer Ms. Hines Commissioner Bauer Vice Mayor McDonnell Ms. Hines Chair Marzo Commissioner Bauer Commissioner. Streeter Chair Marzo Commissioner Alonso Commissioner Wolpert Commissioner Gomez Ms. Bendix Commissioner Gomez Ms. Bendix Commissioner Wolpert Ms. Bendix Commissioner Wolpert Commissioner Alonso Commissioner Wolpert Commissioner Wolpert Commissioner Alonso Commissioner Gomez Chair Marzo . Ms. Hines Chair Marzo Commissioner Alonso Motion: Recommend to the City Council to approve Zoning Map Amendment to the SmartCode for a portion of APN #006-163-051 made by Scott Alonso, seconded by Diana Gomez. Vote: Motion carried 5 - 2. Yes: Diana Gomez, Richard Marzo, Heidi Bauer, Scott Alonso, and Patrick Streeter. No; Bill Wolpert, and Kevin McDonnell. 9. NEW BUSINESS None 10. ADJOURN Next Meeting of the Planning Commission scheduled for Tuesday, April 09, 2019. P Reply all iii Delete Planning Commission 10 Jonathan Marlow <marlow@cabinetic.com> Mon 11/26/2018, 1:40 PM Brittany Bendix 300 Water Street 7 Flag for follow up. Start by Monday, November 26, 2018. Due by Monday, November 26, 2018. You forwarded this message on 11/26/2018 2:08 PM dear Brittany Bendix, ATTACHMENT 9 t, Reply all I v Although I am not generally the sort to inquire about Planning Commission proposals, I am --as a resident of Petaluma --writing to discourage the proposed plan to rezone the parcel(s) north of Washington and adjacent to the river from a Civic Space to an Urban Center. This is an absolutely less -than -ideal use of an area more apt for a public park than urban development. I look forward to your reply and the further activities of the Planning Commission over the days and weeks ahead. respectfully, Jonathan Marlow P A R A C M E [via C A B I N E T I C] P.O. Box 209.9 Petaluma, CA 94953 usa 9-1 '-• 111 �- - 300 Water Street You forwarded this message on 11/26/20018 12:54 PM email signature.tiff � 19 KB Download Save to OneDrive - M -Group I am re -sending this to you. 1 also sent it to petalumaplanning@ci.petaluma.ca.us sorry if you are receiving it twice, but it is important to me. Hello Planning committee members, Unfortunately, I will not be able to attend your meeting tomorrow, but I want to express my concern about the item of new business that you will be discussing. The loss of Civic space will be a loss to the community especially since this civic space is along the river. The river is an important asset to the citizens and the more access to it the better for our town. The current size of the proposed parcel is over 6,000 square feet. The proposed pocket park of 2,000 square feet represents too large of a loss. The monetary contributions,to Penry Park are not sufficient for appropriate upgrades. When this park.is upgradedI the entire park should be reviewed. The current contributions do not include any money for study, design, project management nor city staff costs. Thank you for taking these points into consideration and reject the proposal. Sincerely concerned, Louise Leff 9-2 - '-• III �- - FW: proposed rezoning of a Civic space parcel to Urban Center - Suzanne Biaggi <susanna@sbiaggi.com> Reply all Mon "11/26/2018, 1:42 PM Brittany Bendix 300 Water Street t� You forvdardecJ this message on 11J26J2018 2:09_PM Dear planning commission members, The following details of the proposal have been brought to my attention: • Loosing any amount of Civic space is a loss. This one happens to be along the river and really close to the pedestrian/bike bridge. • There is a proposed condition of approval for a monetary contribution to improve to Penry Park. The proposed monetary contribution is based on an estimate list which includes pathway replacement, -tree pruning, mulch rings around each tree, site furnishings, and accessories ( a 10 station fit trail). No mention of design, project management nor city staff cost recovery is noted in the cost estimate, or issues regrading, accessibility etc. which will need to be considered. • The proposed monetary contribution is $134,500; According to an Internet search the lot (APN 006463-028) was purchased on 12/21/2017 for $350,000. • Another proposed condition of approval is a "minimum" of 2,000 sq feet Civic space pocket plaza/park will be included in the future development; The size of the APN proposed conversion is 6,098 sq feet. I urge you to vote no on this proposal since the lot in question is the largest parcel along the river in the green space north of Washington Street. The proposal that will be before you tomorrow will reduce this 6,000 sq feet of zoned civic space to only 2,000 sq ft of promenade along the river. The river is central to the identity of Petaluma and needs to be retained as open for the people. I also have concerns about the monetary contribution that is being offered in return. It seems to fall short of realisti on. Suzanne Biaggi 240 Keokuk St. cally what is being proposed. Thank you for taking, my concerns into considerati 9-3 '-• Ill �- .81 !oinulp%ffal firdscarms Landscape Design + Sculpture SUZANNE BIAGGI Susanna c@i sbiaggi.com 707.483.5314 5/16/2019 Mail - bbendix@m-group.us Concerns about rezoning of APN 006-163-028 Heather Miller Luttrell <heather@sfguitarworks.Com> Mon 11/26/2018 11:27 PM To:Brittany Bendix <bbendix@m-group.us>; Hi Ms. Bendix, While riding bikes with my family from my home on the west side of Petaluma Boulevard out to the airport, I saw the notice posted for the rezoning of APN 006-163-028that is being discussed at tomorrow's Planning Meeting. I am greatly concerned about rezoning this parcel. Adding more development and taking away this civic space will only further add to the congestion problems, further impacting the already. severely taxed traffic flow in the area Also instead of diverting funds to an already established civic space in exchange for rezoning this parcel, those funds should be used to develop the civic space the developer knowingly purchased. This could greatly establish and improve the entrance to the greenway that runs through petaluma and provide much needed green space for the current residents in the area as well as the new residents of apartment complex the developer is building. Thanks for your time and consideration. Please contact me with questions. Take Care, Heather Luttrell 415.225.9111 I 9-5 Evelyn Ellis Mon 11/26/2018 2:40 PM ro:Evelyn Ellis <EEllis@m-group.us>; Here is another letter. Evelyn Ellis, Planning Analyst M -Group - Consulting City Planners Serving the City of Petaluma 11 English Street, Petaluma, CA 94952 707.7784319 eellis@m-group.us Hours: Monday -Thursday Sam -spm, closed Fridays Dear Brittany Bendix, I am writing in opposition to the proposed zoning map amendment to the SmartCode referred to the the Notice of Planning Commission Hearing (APN 006-163-028) File #PLMA-18-0004. As it is stated no development is currently proposed for the property described, I see no benefit to the citizens of Petaluma to approve this request. Once there is a full proposal placed before the community, we can then understand the scope and ramifications of the project in an area already about to experience a lot of change and Petaluma can then decide how to proceed. Thank you; Susan Coolidge 108 Prospect Street 94952 9-6 26 November 2018 To: Brittany Bendix, Deputy Planning Manager From: Tammara Norman, 501 Keller Street, tam maranorman.larch 9gmai l.com Re: Smartcode Zoning map amendment Water Street. Properties, File #PLMA-18-0004 Please forward the following comments to staff and the Planning Commission: I received notice in the mail regarding the proposed zoning map amendment at 300 Water Street, have read through the Planning Commission Agenda and supporting materials, and met with Brittany Bendix at the Planning Department. I plan on attending the Planning Commission meeting. would like the Commission to reject this proposed zone change as this proposal and related conditions of approval are not to the benefit to the city or citizens of Petaluma, nor does it uphold the City of Petaluma's guiding policies and plans. The 6,080 square foot lot zoned civic space is adjacent to a 2,130 square feet of city easement also zoned civic space. This would allow 8,000 square feet of public space on the river across from Historic Agriculture and adjacent to the pedestrian/bike bridge which is also one the of city's newer investments. Converting this to an extended 20 foot linear easement along the river alters the character and defies policies. Offering funds for Penry Park does nothing for Riverfront and bike path enhancement and should be considered irrelevant for the discussion of rezoning. Staff's consistency analysis fails to mention CPSP — Ch 5 Public Space and River Access North River Area* policies and objective ( pg 55), most speccally: Objective 2: Encourage the establishment of public spaces to and along the Riverfront Policy 2.1 Establish a ribbon of landscape and shaded public space along the west side of the river... Policy 25 Establish a new public park in the North River area "as redevelopment occurs in this area, the City identify potential site for a neighborhood park of sufficient size to break up the proposed pattern of urban development and provide adequate green space and recreational activities for local residents." 9-7 I disagree with the staff consistency analysis on the following specific points: Ch 6 Recreation Music Parks &the Arts: Policy &&1: 'Develop additional parkland and recreational facilities in the city, particularly in areas lacking these facilities and where new growth is proposed to meet the standards of required park acreage." • This is exactly why the zoning should remain. • The condition of approval for a minimum of 2,000 sq feet of civic space is not acceptable trade for a 6,000 sq foot lot Chapter 9: Economic Health &Sustainability Policy 9-P-5:..." desired types of growth to meet the community's economic vitality goals. Specifically facilitate development for economic activity on appropriately designated sites." • Economic vitality goals should also include a pedestrian friendly ,high functioning urban fabric. • This is not an "appropriately designated site" CPSP: "The Civic space zone serves to ensure future developments are supplemented with adequate open space" • The CS zone serves a function that the city of Petaluma should uphold , not negotiate Land Use- Goal 1 -Support existing viable uses and provide for new uses that complement and complete the urban fabric" • Maintaining zoned CS at the River will complement the city's investment of the existing bike/pedestrian bridge and trail system and the City's policies and plans Turning Basin East Per the CPSP Land Use Map this is not in the Turning Basin this is in the North River Area, see above for notable Objective and Policies. * River Access Enhancement Plan: This segment encourages habitat restoration and beautification through increased landscaping, especially upstream of the Washington Street Bridge" Goal 3: Promote Balanced use of the River Corridor Objective 3.5- Encourage riverfront recreational access and uses • All exactly why the CS zoning should be upheld not converted to T5