HomeMy WebLinkAboutOrdinance 2748 N.C.S. 11/16/2020Ordinance No. 2748 N.C.S. Page 1
EFFECTIVE DATE
OF ORDINANCE
December 16, 2020
ORDINANCE NO. 2748 N.C.S.
Introduced by: D’Lynda Fischer Seconded by: Kevin McDonnell
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA RESCINDING
ORDINANCE NOS. 2721 AND 2722 RELATING TO AMENDMENT TO THE TEXT OF THE
IMPLEMENTING ZONING ORDINANCE, ORDINANCE 2300 N.C.S. (TABLE 4.3 –
ALLOWED LAND USES AND PERMIT REQUIREMENTS FOR MIXED USE ZONES) AND
TO ADOPTION OF A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
PETALUMA AND LOMAS CORONA STATION LLC AND LOMAS SMART LLC
CONCERNING DEVELOPMENT OF THE CORNOA STATION RESIDENTIAL PROJECT
LOCATED AT 890 NORTH MCDOWELL BOULEVARD (APN 137- 061- 019) AND
PROPERTY OWNED BY THE SONOMA MARIN AREA RAIL TRANSIT DISTRICT
LOCATED AT 315 EAST D STREET (APN 007- 131- 003)
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 Resolutions 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
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Ordinance No. 2748 N.C.S. Page 2
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
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 Ordinance No. 2748 and of Resolution No. 2020-161, which will rescind the Project
Approval Resolutions; 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 the 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 requirements that apply to zoning amendments in the State Planning and
Zoning Law, and the City’s Implementing Zoning Ordinance, Ordinance 2300 N.C.S.
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
PETALUMA AS FOLLOWS:
Section 1: Findings. The City Council of the City of Petaluma hereby declares the foregoing
recitals to be true and correct and incorporates the recitals herein by reference as findings of the
City Council.
Section 2: CEQA Exemption. Recission of the Project Approval Ordinances, Ordinance 2721 and
2722, in accordance with this ordinance is exempt from CEQA pursuant to Section 15061(b)(3) of the
CEQA Guidelines in that the proposed activity, together with rescission of the Project Approval
Resolutions and rescission of the SPAR Approval Resolution will eliminate all Corona Station Residential
Project approvals and therefore no possibility exists that this action could cause a significant effect on the
environment.
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Ordinance No. 2748 N.C.S. Page 3
Section 3: Ordinances Rescinded. The Project Approval Ordinances, Ordinance No. 2721 and
Ordinance No. 2722, are hereby rescinded in their entirety, and shall no longer be of any force or effect
upon this ordinance taking effect.
Section 4: Severability. If any section, subsection, sentence, clause, phrase or word of this
ordinance is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court of
competent jurisdiction or preempted by state legislation, such decision or legislation shall not affect the
validity of the remaining portions of this ordinance. The City Council of the City of Petaluma hereby
declares that it would have passed and adopted this ordinance and each and all provisions thereof
irrespective of the fact that any one or more of said provisions be declared unconstitutional, unlawful or
otherwise invalid.
Section 5: Effective Date. This ordinance shall become effective thirty (30) days after the date of
its adoption by the Petaluma City Council.
Section 6: Posting/Publishing of Notice. The City Clerk is hereby directed to publish or post this
ordinance or a synopsis for the period and in the manner provided by the City Charter and other applicable
law.
INTRODUCED and ordered published and posted this 2
nd
day of November 2020.
ADOPTED this 16
th
day of November 2020 by the following vote:
Ayes: Mayor Barrett, Vice Mayor Fischer, Healy, Kearney, King, McDonnell
Noes: Miller
Abstain: None
Absent: None
Teresa Barrett, Mayor
ATTEST: APPROVED AS TO FORM:
Kendall Rose, CMC, City Clerk Eric Danly, City Attorney
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