HomeMy WebLinkAboutPlanning Commission Resolution 2022-06 04/12/2022 DocuSign Envelope ID:7E40C41F-13131-449A-1393D-2AF32AC72E98
RESOLUTION 2022-06
CITY OF PETALUMA PLANNING COMMISSION
A RESOLUTION OF THE PLANNING COMING MAKING A GENERAL PLAN
CONFORMITY DETERMINATION WITH RESPECT TO THE SUMMARY VACATION OF
AN UNUSED EMERGENCY VEHICLE ACCESS EASEMENT (EVAE), A PUBLIC UTILITY
EASEMENT (PUE), AND A PUBLIC WATER LINE EASEMENT (PWLE), LOCATED AT
ASSESSOR PARCEL NUMBERS 008-232-057. 008-232-058, 008-232-059, AND 008-
232-062.
WHEREAS, Scott and Cailin Nelson and Patrick and Brienna Doherty (Nelson) has requested the City
summarily vacate an emergency vehicle access easement (EVAE), a public utility easement (PUE), and
a public water line easement (PWLE) at Assessor Parcel Numbers 008-232-057, 008-232-058, 008-232-059,
and 008-232-062, as shown on the Easement Vacation Legal Description (Exhibit A), Easement Vacation
Exhibit (Exhibit B) and as depicted and described on the Final Map of Woodridge Subdivision in Book
713 of Maps at pages 25-30, Sonoma County Records, as adopted by Resolution Number 2007-137
N.C.S (Exhibit C); and
WHEREAS, on April 4, 2005, the City Council approved the Woodridge subdivision consisting of four
vacant lots accessed by a shared driveway off Olive Street and one developed lot fronting 6th Street
and the Woodridge PUD zoning designation, map, and PUD Development Standards over the 2.73-acre
subdivision area and adopted the Mitigated Negative Declaration pursuant to the California
Environmental Quality Act (CEQA); and
WHEREAS, on October 27, 2005 (as directed by conditions 2 and 7 of City Council Resolution 2005-
054 approving the Vesting Tentative Subdivision Map for the Woodridge Subdivision) the Site Plan and
Architectural Review Committee (SPARC) reviewed and conditionally approved the final PUD Plan and
Development Standards; and
WHEREAS, on March 12, 2019, the Planning Commission approved modification to the Woodridge
Subdivision Map and PUD Development Standards to accommodate consolidation of the existing 4
vacant lots into 2 lots with the split driveway access and associated setback modification, and
approved Site Plan and Architectural Review for the Nelson residence on proposed Lot 1; and
WHEREAS, on March 12, 2019, the Planning Commission approved Site Plan and Architectural Review
(SPAR) for the Nelson Residence project pursuant to Resolution 2021-09 and including conditions of
approval
WHEREAS, on March 23, 2021, the Planning Commission held a duly noticed public hearing to
consider the application for Site Plan and Architectural Review for the Doherty Residence, at which time
all interested parties had the opportunity to be heard; and
WHEREAS, on March 23, 2021, the Planning Commission approved Site Plan and Architectural Review
(SPAR) for the Doherty Residence project pursuant to Resolution 2021-09 and including conditions of
approval; and
Planning Commission Resolution No.2022-06 Page 1
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WHEREAS, the March 12, 2019 and March 23, 2021, SPAR approvals included a finding that the
Project was consistent with the Petaluma General Plan; and
WHEREAS, Government Code section 65402(a) regulates government disposition of real property,
mandating that prior to disposing of property, the jurisdiction's planning agency must first make a
finding that the disposition of real property is in conformity with the jurisdiction's General Plan; and
WHEREAS, the Project, which includes the vacation of public easements, is consistent with the site's
General Plan land use designation of Low Density Residential since it consists of a single-family
residential use and the Woodridge subdivision was found compatible with the site's Low Density
Residential designation, which intends to accommodate single-family residential development at a
density range of 2.6 to 8.0 housing units per net acre, though it is below this density range, based upon
General Plan Policies 1-P-4 (which provides an exception to minimum density for projects where an
existing residence is retained) and 1-P-16 (which promotes preservation of natural assets and the
reduction of hillside grading and paving) and no change of density is planned; and
WHEREAS, the purpose of the vacation is to remove the unused public service easements from the
parcels to facilitate future development of the site; and
WHEREAS, the City Engineer and Planning Department has reviewed the proposed vacations and is
in support of them and finds that they are consistent with the General Plan; and
WHEREAS, the proposed vacation of easements is not subject to the California Environmental Quality
Act ("CEQA") as there is no possible significant effect directly related to the summary of vacation of
easements as the easements have not been used in the past and there are no prospective uses for the
easements, therefore no further action is required under CEQA pursuant to Section 15061(b)(3) of the
State CEQA Guidelines (14 CCR Section 15061 (b)(3)); and
WHEREAS, if the proposed vacation of the easements was a project under CEQA independently,
this action is categorically exempt (class 5) pursuant to Section 15305 of the State CEQA Guidelines
(Minor Alterations in Land Use) and None of the exceptions to Categorical Exemptions set forth in the
CEQA Guidelines, Section 15300.2 apply to this project; and
WHEREAS, additionally the proposed easement vacations is part of the Project which was previously
reviewed for CEQA compliance by City Council on April 4, 2005, when the City Council approved the
Mitigated Negative Declaration by Resolution 2005- 053; and
WHEREAS, the Planning Commission of the City of Petaluma held a duly noticed public meeting at
which time all interested parties were given full opportunity to be hear and to be present; and
WHEREAS, the Planning Commission of the City of Petaluma has reviewed the staff report and
considered the testimony and evidence at a regular meeting on April 26, 2022.
NOW,THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Petaluma hereby finds
with substantial evidence:
1. That the above recitals are true and correct and are incorporated into findings of this Resolution.
2. That the proposed vacation of easements is not subject to the California Environmental Quality
Act ("CEQA") as there is no possible significant effect directly related to the summary of
vacation of easements as the easements have not been used in the past and there are no
prospective uses for the easements, therefore no further action is required under CEQA pursuant
to Section 15061(b)(3) of the State CEQA Guidelines (14 CCR Section 15061 (b)(3)).
Planning Commission Resolution No.2022-06 Page 2
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If the proposed vacation of the easements was a project under CEQA independently, this
action is categorically exempt (class 5) pursuant to Section 15305 of the State CEQA Guidelines
(Minor Alterations in Land Use) and None of the exceptions to Categorical Exemptions set forth
in the CEQA Guidelines, Section 15300.2 apply to this project.
Additionally, the proposed easement vacations is part of the Project which was previously
reviewed for CEQA compliance by City Council on April 4, 2005, when the City Council
approved the Mitigated Negative Declaration by Resolution 2005- 053.
3. That the proposed vacation of an unused emergency vehicle access easement, a public utility
easement (pue), and a public water line easement, as shown on Attachment 2-4 of the staff
report, located at assessor parcel numbers 008-232-057. 008-232-058, 008-232-059, and 008-232-
062 is consistent and conforms to the city's general plan.
ADOPTED this 26t" day of April 2022, by the following vote:
Commission Member Aye No Absent Abstain
Councilmember McDonnell X
Chair Potter X
Vice Chair Bauer X
Hooper X
Rider X
Whisman X
Vacant
DocuSigned by:
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Sandi Potter, Chair
ATTEST: APPROVED AS TO FORM:
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Heather Hines, Interim CD Director Dylan Brady, Assistant City Attorney
Planning Commission Resolution No.2022-06 Page 3
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EXHIBIT A
Exhibit A
Public Easement Vacation Legal Description
Real Property situated in the City of Petaluma, County of Sonoma, State of California described
as follows:
Being a vacation of the Public Utility Easement, the Public Water Line Easement and the Public
Emergency Access Easement accepted for dedication by the City Council of the City of
Petaluma City, State of California on August 6, 2007, it's Resolution Number 2007-137 N.C.S.,
and as shown on that certain map titled"Final Map of the Woodridge Subdivision" filed
September 18, 2007 in Book 713 of Maps at pages 25-30, Sonoma County Records.
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Planning Commission Resolution No.2022-06 Page 4
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Planning Commission Resolution No.2022-06 Page 5
DocuSign Envelope ID:7E40C41F-B131-449A-B93D-2AF32AC72E98 EXHIBIT C
Resolution No. 2007-137 N.C.S.
of the City of Petaluma, California
APPROVING THE FINAL MAP
FOR THE WOODRIDGE SUBDIVISION
WHEREAS, the Community Development Director and the City Engineer have
reviewed the final map of the Woodridge Subdivision and have reported it to be in conformity
with the Subdivision Ordinance, and such reports have been forwarded to and reviewed by this
Council; and,
WHEREAS, the certifications required by law have been endorsed on said map; and,
WHEREAS, this Council finds that the final map conforms to the requirements of this
City's Subdivision Ordinance and is consistent with, and conforms to the general plan for the
area; and,
WHEREAS, this Council finds the final map is in substantial compliance with the
tentative map previously approved for the subdivision by Resolution No. 2005-054 N.C.S., the
findings of which are hereby incorporated by this reference as if fully set forth herein.
NOW, THEREFORE, BE IT RESOLVED;
1. That said final map of the Woodridge Subdivision is hereby approved, provided
that the conditions, which have been previously set forth in said Resolution No.
2005-054 N.C.S., incorporated herein by reference, shall be carried out; and,
2. That upon execution of the Subdivision Public Improvements Agreement in the form
approved by the City Attorney, and the furnishing of the required improvement
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
Planning Commission Resolution No.2022-06 Page 6
Resolution No.2007-137 N,C.S. Page 1
DocuSign Envelope ID:7E40C41F-B131-449A-B93D-2AF32AC72E98
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.
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 A r ve as to
Council of the City of Petaluma at a Regular meeting on the 6`�'day of August,
2007,by the following vote:
City A.3torney
AYES: Barrett,Freitas,Harris,Vice Mayor Nau,O'Brien, Rabbitt,Mayor,TToor`liiatt
NOES: None r` �-
ABSENT: None
ABSTAIN: None
ATTEST: v _�
City Clerk M or
Planning Commission Resolution No.202 -O6 Page 7
Resolution No. 2007-137 N.C.S. Page 2