HomeMy WebLinkAboutResolution 2022-036 N.C.S. 03/21/2022 DocuSign Envelope ID: 2754CAF2-183E-4709-99F8-A7286258C3EE
Resolution No. 2022-036 N.C.S.
of the City of Petaluma, California
RESOLUTION APPROVING THE INCLUSIONARY HOUSING AGREEMENT
BETWEEN THE CITY OF PETALUMA AND RIVERBEND ASSOCIATES, LLC FOR
THE RIVERBEND SUBDIVISON PROJECT LOCATED AT 529 MADISON STREET,
APN 007-041-006
WHEREAS, the City Council of the City of Petaluma has developed housing goals to address the
broad range of needs within the community; and
WHEREAS, the City Council of the City of Petaluma adopted the 2015-2023 HousingElement
on December 1 , 2014 with Resolution No. 2014-190 N.C.S. : and
WHEREAS, the City Housing Element General Plan mandate is to provide 10- 15% of dmarket
rate units as affordable; and
WHEREAS, the City's current Inclusionary Housing Policy, located in the 2015-2023 Housing
Element and codified in Section 3 .040 of the Petaluma Implementing Zoning Ordinance, requires
developers of new residential development to provide affordable housing, and offers them the following
options as to how they fulfill that requirement:
1 ) build on-site or dedicate a portion of the project k to the City for development of
affordable units;
2) pay an In-lieu Fee, or
3) use alternative methods to meet the intent of the inclusionary requirement subject to
approval by the City Council; and
WHEREAS, the housing units provided by this agreement and located in the Riverbend
Subdivision Project will increase the number of deed restricted ownership housing opportunities for low-
income households at 80% AMI and Moderate-Income Households up to 120% AMI; and
WHEREAS, the proposed Inclusionary Housing Agreement (IHA), attached to the staff report as
Attachment 2, for the Riverbend Subdivision binds the developer, at its sole cost and expense, to construct
or cause to be constructed, a total of four (4) Affordable Units within the Project, which the developer
shall cause to remain available for a minimum of ninety-nine (99) years for sale, transfer or conveyance,
and the occupancy, as follows: Two (2) Affordable Units for Low-Income persons or households, and two
(2) Affordable Units for Moderate-Income persons or households; and
WHEREAS, Compliance with the California Environmental Quality Act (CEQA) for this project,
was already completed when City Council adopted Resolution No. 2020-165 N.C.S., upholding the
Planning Commission's adoption of the Mitigated Negative Declaration and Mitigation Monitoring
Reporting Program (MND/MMRP) which was subsequently filed with the Office of Planning and Research,
State Clearinghouse No. 2020050457; and
WHEREAS, additionally, approving the rnCltlSlonary housing agreement is exempt from the
requirements of CEQA in accordance with CEQA Guidelines Section 15378, in that approving the IHA
does not meet CEQA's definition of a "project," because the action does not have the potential for resulting
DocuSign Envelope ID: 2754CAF2-183E-4709-99F8-A7286258C3EE
in either a direct physical change in the environment or a reasonably foreseeable indirect physical change
in the environment, and because the action constitutes an administrative activity.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Petaluma as
follows:
1 . The above recitals are hereby declared to be true and correct and are incorporated into this
resolution as findings of the 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.
Additionally, approving the inclusionary housing agreement is exempt from the requirements
of CEQA in accordance with CEQA Guidelines Section 15378, in that approving the IHA does
not meet CEQA's definition of a "project," because the action does not have the potential for
resulting in either a direct physical change in the environment or a reasonably foreseeable
indirect physical change in the environment, and because the action constitutes an
administrative activity.
3 . Approves the Inclusionary Housing Agreement attached to the staff report as Attachment 2
which is incorporated into this Resolution and directs staff to execute the Inclusionary Housing
Agreement between the City of Petaluma and Riverbend Subdivision LLC that identifies the
location and prices of the housing units to be provided to the City and authorizes the City
Manager to execute any related documents necessary to implement the project.
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 Approved as to
the Council of the City of Petaluma at a Regular meeting on the 21st day
of March 2022, by the following vote: form:
DocuSigned by:
5EF85AE94F3048D...
City Attorney
AYES: Barrett, Barnacle, Fischer, Healy, King, Pocekay
NOES: None
ABSENT: None
ABSTAIN: McDonnell
DocuSigned by:
ATTEST:
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