Loading...
HomeMy WebLinkAboutOrdinance 2692 N.C.S. 08/05/20191 2 3 4 5 6 7 8 9 10 11 EFFECTIVE DATE OF ORDINANCE September 5, 2019 Introduced by D' Lynda Fischer ORDINANCE NO. 2692 N.C.S. Seconded by Kathy Miller 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 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 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 Ordinance No. 2692 N.C.S. Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 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 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 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 Ordinance No. 2692 N.C.S. Page 2 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); 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 21080.21 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 City a portion of the fee parcel currently part of APN 006 -163 - Ordinance No. 2692 N.C.S. Page 3 53 028 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 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 orderedpublished/posted this 15th day of July 2019. Ordinance No. 2692 N.C.S. Page 4 1 ADOPTED this 51h day of August 2019, by the following vote: 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 Ayes: Fischer, Kearney, King, Miller Noes: None Abstain: Mayor Barrett, Healy Absent: Vice Mayor McDonnell ATTEST: � TlzfxA#-C— Samantha Pascoe, Deputy City Clerk APPROVED AS TO FORM: Eric W. Danly, City Attorney Ordinance No. 2692 N.C.S. Page 5