HomeMy WebLinkAboutResolution 2020-161 N.C.S. 11/02/2020 Resolution No. 2020-161 N.C.S. Page 1
Resolution No. 2020-161 N.C.S.
of the City of Petaluma, California
RESOLUTION RESCINDING RESOLUTION NOS. 2020-29, 2020-30, AND 2020-31
RELATING TO ADOPTION AND APPROVAL OF: A MITIGATED NEGATIVE
DECLARATION AND A MITIGATION AND MONITORING REPORTING PROGRAM,
A DENSITY BONUS HOUSING AGREEMENT, AND A VESTING TENTATIVE MAP
FOR THE CORONA STATION RESIDENTIAL PROJECT LOCATED AT
890 NORTH MCDOWELL BOULEVARD (APN: 137-061-019; FILE NO. PLMA-2018-0006)
WHEREAS, Todd Kurtin with Lomas Properties LLC (“Applicant”) submitted an application for the
Corona Station Residential Project, including a Zoning Text Amendment, Development Agreement,
Density Bonus and Development Concession/Incentive, Tentative Subdivision Map, Conditional Use
Permit and Site Plan and Architectural Review for a 110-unit residential project within the MU113 zone
with Flood Plain-Combining (FP -C) Overlay, located on a 6.5-acre site at 890 North McDowell
Boulevard (APN 137- 061- 019) (the " Project"); and
WHEREAS, on November 12, 2019 and January 14, 2020, the Planning Commission held duly
noticed public hearings to consider the Project and adopted Planning Commission Resolution Nos.
2019-18, 2019-19, and 2020-20, which found the environmental analysis contained in the Mitigation
Negative Declaration to be adequate to disclose potential environmental impacts of the Project, but
ultimately denied the Zoning Text Amendment and recommended denial of the remainder of the Project
to the City Council; and
WHEREAS, on January 15, 2020, the Applicant appealed the Planning Commission’s decision on
the Zoning Text Amendment to the City Council; and
WHEREAS, on January 27, 2020 and February 24, 2020, the City Council held duly noticed public
hearings to consider the Project, the Planning Commission’s recommendations, and the Applicant’s
appeal; and
WHEREAS, on February 24, 2020, the City Council adopted three resolutions relating to the approval
of the Project: Resolution No. 2020-29 (adopting the mitigated negative declaration and mitigation
monitoring and reporting program), 2020-30 (approving the density bonus housing agreement), and
2020-31 (approving the vesting tentative map) (collectively, the “Project Approval Resolutions”); and
WHEREAS, on February 24, 2020, the City Council also introduced two ordinances relating to
approval of the Project: Ordinance No. 2721 (approving the implementing zoning ordinance text
amendment), and Ordinance No. 2722 (approving the development agreement) (collectively, the “Project
Approval Ordinances”); and
WHEREAS, at a duly noticed public hearing on March 10, 2020, the Planning Commission adopted
Resolution 2020-05 approving the Site Plan and Architectural Review for the Project (“Project SPAR
Approval Resolution”); and
WHEREAS, on March 16, 2020, the City Council formally adopted the Project Approval Ordinances;
and
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Resolution No. 2020-161 N.C.S. Page 2
WHEREAS, on April 15, 2020, a group identified as the Petaluma Community Alliance filed a
petition for writ of mandate and complaint for declaratory relief in the Sonoma County Superior Court,
alleging, among other things, that the City’s mitigated negative declaration was inadequate and that the
City should have prepared an environmental impact report for the Project; and
WHEREAS, in order to avoid potentially costly litigation, the Applicant has requested that the City
rescind the Project Approval Resolutions and the Project Approval Ordinances so as to effectively rescind
all Project approvals and entitlements; and
WHEREAS, the City Council recognizes that to complete the rescission of all Project approvals it
will be necessary for the Planning Commission to rescind the SPAR Approval Resolution following
adoption of this Resolution and of Ordinance No. 2748 N.C.S., which will rescind the Project Approval
Ordinances; and
WHEREAS, while the rescission of the Project Approval Resolutions and the Project Approval
Ordinances is a discretionary action, the action is categorically exempt consistent with the California
Environmental Quality Act Guidelines pursuant to Section 15061(b)(3) (General Rule) in that the activity,
along with rescission of the SPAR Approval Resolution, will eliminate all Corona Station Residential
Project approvals and therefore no possibility exists that the action could cause a significant effect on the
environment; and
WHEREAS, public notice of the November 2, 2020 public hearing before the City Council to consider
the requested rescission actions was published as a 1/8 page ad in the Argus Courier on October 22, 2020
and notice was mailed to all property owners and tenants in a 1,000 foot radius of the project site, in
accordance with the notice requirements that apply to zoning amendments in accordance with the State
Planning and Zoning Law and the City’s Implementing Zoning Ordinance, Ordinance No. 2300 N.C.S..
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Petaluma as follows:
1. The foregoing recitals are hereby declared to be true and correct and are hereby incorporated herein
by reference as findings of the City Council.
2. The rescission of Resolution Nos. 2020-29, 2020-30, and 2020-31is exempt from CEQA pursuant
to Section 15061(b)(3) of the CEQA Guidelines in that the proposed activity, along with rescission
of the Project Approval Ordinances and the SPAR Approval Resolution, will eliminate all Corona
Station Residential Project approvals and therefore there is no possibility that the action could
cause a significant effect on the environment.
3. The Project Approval Resolutions (City Council Resolutions 2020-19, 2020-20, and 2020-21) are
hereby rescinded in their entirety and shall no longer be of any force or effect upon this resolution
taking effect.
4. This Resolution shall take immediate effect upon its adoption.
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Resolution No. 2020-161 N.C.S. Page 3
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the
Council of the City of Petaluma at a Regular meeting on the 2nd day of November
2020, by the following vote:
Approved as to
form:
__________________________
City Attorney
AYES: Mayor Barrett; Vice Mayor Fischer; Healy; Kearney; King; McDonnell
NOES: Miller
ABSENT: None
ABSTAIN: None
ATTEST: ______________________________________________
City Clerk
______________________________________________
Mayor
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