Loading...
HomeMy WebLinkAboutResolution 2019-121 N.C.S. 07/15/2019Resolution No. 2019-121 N.C.S. of the City of Petaluma, California 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 006-153-052 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 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 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 N.C.S.; 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 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 Resolution No. 2019-121 N.C.S. Page 1 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: 006-163-005, 006-163-022, 006-163-025, 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 Applicant 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, 006-163-025, 006-163- 028, 006-163-052, 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 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 ("PUE") on APN 006-153-052 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 Resolution No. 2019-121 N.C.S. Page 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), the City Clerk has initiated general vacation proceedings regarding the PUE located on APN 006-153-052 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 N.C.S., 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 006-163-052 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 Resolution No. 2019-121 N.C.S. Page 3 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 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); Resolution No. 2019-121 N.C.S. Page 4 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. Section 2. CEQA Exemptions. The Project, including vacation of the PUE on APN 006-163-052 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 21080.21 of 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 A Non -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 006463-052 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: Resolution No. 2019-121 N.C.S. Page 5 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 006-163-052 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, 006-163-022, 006-163-025, 006-163-028, 006-163-052, 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 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- 163-5lowned 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 006-163-05 1 owned 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, certificate of acknowledgement, or further proof in the office of the Sonoma County Reorder. Resolution No. 2019-121 N.C.S. Page 6 Section 9. Severability. If any provision of this resolution or the application thereof to any person or 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. REFERENCE AYES: NOES: ABSENT: ABSTAIN: ATTEST: Under the power and authority conferred upon this Council by the Charter of said City. I hereby certify the foregoing Resolution was introduced and adopted by the Council of the City of Petaluma at a Regular meeting on the 151h day of July 2019, by the following vote: Fischer; Kearney; King; Vice Mayor McDonnell; Miller None None Mayor Barrett; Healy v 4 e City Clerk All ice ayor as to Attorney Resolution No. 2019-121 N.C.S. Page 7