HomeMy WebLinkAboutResolution 2022-035 N.C.S. 03/21/2022 DocuSign Envelope ID: 2754CAF2-183E-4709-99F8-A7286258C3EE
Resolution No. 2022-035 N. C . S .
of the City of Petaluma, California
RESOLUTION APPROVING THE FINAL SUBDIVISION MAP FOR THE RIVERBEND
SUBDIVISION LOCATED AT 529 MADISON STREET, APN 007-041-006, CONSISTENT WITH
THE APPROVED TENTATIVE SUBDIVISION MAP, AND ALL APPLICABLE CONDITIONS
OF THAT APPROVAL AS OUTLINED IN RESOLUTION NO. 2020-167 N.C.S.
WHEREAS, the Riverbend Subdivision located at 529 Madison Street (Subdivision) consists of 27
residential lots to accommodate a mix of attached and detached residential units, and 8 accessory dwelling
units; and
WHEREAS, the Subdivision received tentative map approval from City Council on November 16,
2020; and
WHEREAS, this map also defines Parcel A, created to accommodate a riverside park, which will be
dedicated right-of-way to the City; and
WHEREAS, the final map and improvement plan applications were submitted on September 28,
2021 , and were reviewed and determined by city staff to meet all the requirements necessary for City
Council to approve the final map; and
WHEREAS, pursuant to Government Code Sections 66473 and 66474. 1 , the City must approve a
final map if the developer has complied with the terms and conditions attached to the tentative map
(Attachment 6) and it is the City Engineer who determines whether the final map substantially complies
with the tentative map (Government Code Section 66442(a)); and
WHEREAS, pursuant to Petaluma Municipal Code Section 20.24.390, the City Engineer certifies
that the subdivision is substantially the same as it appeared on the tentative map; that the subdivision
complies with all Map Act provisions and local ordinances applicable at the time the tentative map was
approved; and that the map is technically correct; and
WHEREAS, once the City Engineer certifies that the final map is complete, formal approval of the
final map is a ministerial act, and the legislative body has no discretion to disapprove the final map in the
absence of fraud. (Youngbloodv. Board of Supervisors ( 1978) 22 Cal.3d 644); and
WHEREAS, pursuant to the Map Act and Petaluma Municipal Code Section 20.24.390, the City
Engineer has determined that the Riverbend Subdivision is substantially the same as it appeared on the
tentative map; that the subdivision complies with all Map Act provisions and local ordinances applicable
at the time the tentative map was approved; and that the map is technically correct; and
WHEREAS, the Planning Director pursuant to PMC Section 20.24.400 (action on the final map by
planning director) has found the final map is in full conformity with all provisions of the zoning
ordinance; the general plan, and all other applicable regulations of the City; and
DocuSign Envelope ID: 2754CAF2-183E-4709-99F8-A7286258C3EE
WHEREAS, the City Engineer found that the Riverbend subdivision is substantially the same as it
appeared on the tentative map; the subdivision complies with all Map Act provisions and local ordinances
applicable at the time the tentative map was approved, and the map is technically correct, approving the
Riverbend subdivision final is a ministerial act by City Council; and
WHEREAS, the certifications required by law have been endorsed on said map; and
WHEREAS, environmental analysis for compliance with the California Environmental Quality Act
for the Subdivision was completed on November 16, 2020, when the City Council adopted the mitigated
negative declaration and mitigation monitoring and reporting program for the Riverbend project located
at 529 Madison Street (Resolution No. 2020- 165), which is filed with the Office of Planning and
Research state clearinghouse number- 2020050457.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Petaluma as follows:
l . Finds that the above recitals are hereby declared to be true and correct and are incorporated into
this resolution as findings of the Petaluma City Council.
2. Finds that environmental analysis for compliance with the California Environmental Quality Act
for the Subdivision has already been completed. On November 16, 2020, City Council adopted the
mitigated negative declaration and mitigation monitoring and reporting program for the Riverbend
project located at 529 Madison Street (Resolution No. 2020- 165), which is filed with the Office of
Planning and Research state clearinghouse number 2020050457.
3 . Finds that the final map conforms to the requirements of this City's Subdivision Ordinance, is
consistent with the tentative map previously approved for the Riverbend Subdivision by resolution
No. 2020- 167 N. C.S., the finding of which are hereby incorporated by this reference as if fully set
forth herein., is satisfied with the plans of the Riverbend subdivision, and conforms to the General
Plan for the area
4. That said final map of the Riverbend subdivision is hereby approved, provided that the conditions,
which have been previously set forth in said Resolution No. 2020- 165 N.C.S ., incorporated herein
by reference, shall be carried out.
5 . Accepts all offers of dedication. And that upon execution of the subdivision Public Improvement
Agreement in the form approved by the City Attorney, and the furnishing of the required
improvements security and insurance, approved as to form by the City Attorney and as to
sufficiency by the City Manager, the City Clerk is hereby authorized and directed to sign the
certificate on said final map certifying that the City Council has approved the same and accepted all
streets and other dedications thereon. The City Clerk shall thereupon cause said final map to be
recorded in the Office of the Sonoma County Recorder.
DocuSign Envelope ID: 2754CAF2-183E-4709-99F8-A7286258C3EE
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 Approved as to
Council of the City of Petaluma at a Regular meeting on the 21s, day of March form:
DocuSigned by:
20225 by the following vote:
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AYES: Barrett, Barnacle, Fischer, Healy, King, Pocekay
NOES: None
ABSENT: None
ABSTAIN: McDonnell
DocuSigned by:
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ATTEST: 604102MOF42E...
Inter' ity Cl Mayor