HomeMy WebLinkAboutOrdinance 2694 N.C.S. 08/05/20191
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EFFECTIVE DATE
OF ORDINANCE
September 5, 2019
Introduced by
D' Lynda Fischer
ORDINANCE NO. 2694 N.C.S.
Seconded by
Kathy Miller
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 N.C.S.; 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
Ordinance No. 2694 N.C.S.
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WHEREAS, at said hearing the Planning Commission approved Resolution No. 2019-04
recommending approval of the Zoning Map Amendment 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 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 N.C.S.; 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
Ordinance No. 2694 N.C.S.
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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 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 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:
Ordinance No. 2694 N.C.S.
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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:
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.
Ordinance No. 2694 N.C.S. Page 4
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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 listed/posted this 15th day of July 2019.
ADOPTED this 5th day of August 2019, by the following vote:
Ayes:
Noes:
Abstain
Absent:
ATTEST:
Fischer, Kearney, King, Miller
None
Mayor Barrett, Healy
Vice Mayor McDonnell
�' (�QWZZAC.
Samantha Pascoe, Deputy City Clerk
APPROVED AS TO FORM:
Ordinance No. 2694 N.C.S.
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Exhibit 1
ZONING MAP DIAGRAM
ZONING MAP AMENDMENT
FOR THE
APN 006-163-051
LOCATED WITHIN THE CENTRAL PETALUMA SPECIFIC PLAN
Ordinance No. 2694 N.C.S.
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'
E] T5 Urban
Center Zone
E] Civic Space ` -
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fii i h •S a,� tHC
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PRCe9SM NTH RfYER
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ZONING MAP AMENDMENT
FOR THE
APN 006-163-051
LOCATED WITHIN THE CENTRAL PETALUMA SPECIFIC PLAN
Ordinance No. 2694 N.C.S.
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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. 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 soften the
interface between the civic space, the access road, the pedestrian path, and the Petaluma
River.
Ordinance No. 2694 N.C.S.
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