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HomeMy WebLinkAboutStaff Report 3.J 08/05/2019DATE )0 Agenda Item #3.J August 5, 2019 Honorable Mayor and Members of the City Council through City Manager Heather Hines, Planning Manager SUBJECT: Adopting (Second 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. 006-163-052 (previously part of city owned parcel 006-163-051) Owned by Water Street L.L.C. from CS to T5. RECOMMENDATION It is recommended that the City Council: Adopt (second reading) an Ordinance approving a Lot Line Adjustment and ConveyanO- to the City of Petaluma of a portion of fee parcel APN 006-163-028 located on Water North and owned by Water Street Properties, L.L.C. to merge the conveyed land with AP 006-163-051 currently owned by ♦•t • r - • Ordinance approvingi e Adjustment and Conveyan to Water Street Properties,• • of APN 006-163-051 owned the City to merge the conveyed land with APN 006-163-052 ownStreet ed Properties, Adopt (second reading) an Ordinance Rezoning an approximately 2,130 square 3 portion of 006-163-052 _,• part of • i parcel 006-163-05 -i by Water Street Properties, from to(Urban DISCUSSION On July 15, 2019 the City Council unanimously introduced the above referenced ordinances approving Lot Line Adjustments and Land Conveyances between the City of Petaluma and Water Street Properties, L.L.C. relating to APNs 006-163-028, 006-163-051, 006-163-052, in addition to an ordinance to rezone an approximately 2,130 square foot portion of APN 006-163-052 from CS (Civic Space) to T5 (Urban Center). In conjunction with the introduction of these ordinances the City Council also approved a Resolution approving non -summary vacation of an existing public Page 1 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. The City Council unanimously approved introduction of the lot line adjustment and land conveyance ordinances, as well as the rezoning ordinance, without any modifications to the proposed text. The item is before the City Council for adoption (second reading) of the amendments. 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 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 anile in length. The attached ordinances include corresponding City Council findings. 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 portion of reconfigured APN 006-163- 052 from CS to T5 Page 2 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 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 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 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: 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 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, 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 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 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 certain 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 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: UPIUM I 1q,11111101 Bill SCCII VTIU UCtLdIIILJ LIM C e 1 :5• LItC d• — 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, conu-nunity 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 Zn 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 sewer line will be located in City property used to access a City pump station from Water Street and will be less than I 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 006-163-051 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 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) 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 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 12019. ADOPTED this day of , 2019 by the following vote: 1-5 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 006-163-051 LOCATED ON WATER ST. NORTH AND OWNED BY THE CITY TO MERGE THE CONVEYED LAND WITH APN 006-163-052 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 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 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, 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 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: 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 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 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 certain 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 W" 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: UPIUM I Bill SCCII VTIU UCtLdIIILJ LIM C e 1 :5 yT 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 1 01 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 •,A as sewer line will be located in City property used to access a City pump station from Water Street and will be less than I mile in length); FW 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 006-163-051, 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 006-163-051 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 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 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 006-163-052 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 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 2,130 SQUARE FOOT PORTION OF RECONFIGURED PARCEL APN 006-163-051 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 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 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, 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 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, 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 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 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 snap arnendinent 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 • for projects • less than one mile in length within a public street • highway • any • public right-of-way for the installation • a new pipeline •' the maintenance, • restoration, reconditioning, relocation, replacernent, removal or demolition of an existing pipeline in section 21080.21 of CEQA as 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 006-163-051 from Civic Space (CS) to Urban Center (T5) as illustrated in Exhibit 1. 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: 3-4 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 006-163-051 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 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: 3-5 3-6 EXHIBIT 1 ZONING MAP DIAGRAM T5 Urban Center Zane ;. Civic Space r Zoo W 4" u' .W',�Alf, lmw ZONING MAP AMENDMENT FOR THE APN 006-163-051 LOCATED WITHIN THE CENTRAL PETALUMA SPECIFIC PLAN 3-7 3-8 EXHIBIT 2 MAP AMENDMENT CONDITIONS OF APPROVAL APN 006-163-051 Project File No. PLMA-18-0004 I U1I_1►1►1 Iffi l 7 ►TI ki [Ilk, I. 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 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 and 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, 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 3-9 soften the interface between the civic space, the access road, the pedestrian path, and the Petaluma River. 3-10