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HomeMy WebLinkAboutOrdinance 2856 N.C.S. 07/10/2023 DocuSign Envelope ID: 1291C5BA-C1C3-442F-8141-lEB4AlAC8205 EFFECTIVE DATE ORDINANCE NO. 2856 N.C.S. OF ORDINANCE August 9, 2023 Introduced by: Mike Healy Seconded by: Janice Cader-Thompson AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA APPROVING THE ACQUISITION OF A PARCEL OF LAND COMPRISED OF PORTIONS OF APNS 019-210-038, 019- 210-039, AND 019-210-010 LOCATED AT 1601 PETALUMA BOULEVARD SOUTH WHEREAS, Section 46 of Article VII of the Petaluma City Charter provides, in pertinent part, that no City action providing for the sale or lease of real property having a value of$3,000 or more may be taken except by ordinance or pursuant to a general law of the State; and WHEREAS,Lands of Burbank Housing Petaluma River Place LLC (Burbank Housing),has offered the City of Petaluma 1.68 acres of a portion of a f 3.43-acre site at no cost to the City, comprised of portions of APNs 019-210-038, 019-210-039, and 019-210-010 located at 1601 Petaluma Boulevard South, (Proposed Acquisition) Grant Deed is attached hereto and incorporated into this ordinance as Exhibit A; and WHEREAS,the proposed acquisition of a 1.68-acre parcel of land located at 1601 Petaluma Boulevard South is necessary for the development of the approved River Place Apartments; and WHEREAS, the River Place Apartments will provide 49 affordable housing units and one manager unit within a two- to four-story, 65,605-square-foot multifamily residential building. Rental units will be designated for households earning between 30-80 percent of Area Median Income (AMI), which allows for Extremely Low Income (up to 30 percent AMI), Very Low Income (up to 50 percent AMI), and Low-Income housing types (60- 80 percent AMI); and WHEREAS, the Proposed Acquisition is necessary for Burbank Housing to complete funding on the River Place Apartments, including $23.8M in primary funding from HCD's California Housing Accelerator Program (CHAP); and WHEREAS,as property acquisition would facilitate the City's ability to construct Class I and Class 11 facility on Caulfield Lane and implement the envisioned River Trail; and WHEREAS, as part of the River Place Apartments, Burbank Housing will construct the envisioned River Trail over a portion of the Proposed Acquisition; and WHEREAS, On June 13, 2023, the Petaluma Planning Commission adopted a resolution by a vote of 5-0, pursuant to Government Code Section 65402 that the Acquisition Property was in conformance with the City's General Plan; and WHEREAS, introducing an ordinance to acquire the Proposed Acquisition property is not a "project" pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15378 in that it is an Ordinance No. 2856 N.C.S. Page 1 DocuSign Envelope ID: 1291C5BA-C1C3-442F-8141-lEB4AlAC8205 administrative activity of government that will not result in any direct or indirect physical change in the environment; and WHEREAS, review of the Petaluma River Place development is not subject to CEQA as the development is in accordance with Senate Bill 35 and is deemed a ministerial action; and WHEREAS, further environmental review will be conducted by the City for any future improvements on the acquired property, like the Caufield extension or River Park Trail expansion; and WHEREAS, the City Council of the City of Petaluma held a duly noticed public meeting on June 19, 2023, at which time all interested parties were given full opportunity to be heard and to be present; and WHEREAS, on June 19, 2023, City Council introduced the attached Ordinance No. 2856 N.C.S. by a vote of 7-0. NOW THEREFORE BE IT ORDAINED by the City Council of the City of Petaluma, as follows: Section 1. Findings The City Council hereby finds and determines the foregoing recitals to be true and correct and hereby incorporates them into this ordinance as findings and determinations of the City Council. Section 2. Exemptions from CEQA Finds that introducing an ordinance to acquire the Proposed Acquisition property is not a "project" pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15378 in that it is an administrative activity of government that will not result in any direct or indirect physical change in the environment. Review of the Petaluma River Place development is not subject to CEQA as the development is in accordance with Senate Bill 35 and is deemed a ministerial action. Regardless, further environmental review will be conducted by the City for any future improvements on the acquired property, like the Caufield extension or River Park Trail expansion. Section 3.Approval of the Dedication In accordance with Section 46 of Article VII of the Petaluma City Charter and other applicable law, the City Manager is hereby authorized and directed to sign the grant deed made a part of this ordinance as Exhibit A and any other agreements necessary to acquire the property dedicated in Exhibit A. 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 4. 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 19th day of June, 2023. Ordinance No. 2856 N.C.S. Page 2 DocuSign Envelope ID: 1291C5BA-C1C3-442F-8141-lEB4AlAC8205 ADOPTED this loth day of July 2023 by the following vote: Ayes: McDonnell, Barnacle, Cader Thompson, Healy,Nau, Pocekay, Shribbs Noes: None Abstain: None Absent: None II DocuSigned by: Kevin c onnell, Mayor ATTEST: APPROVED AS TO FORM: DocuSigned by: DocuSigned by: Ken a Sawyer, CMC, City Clerk Eric Dan y, City Attorney Ordinance No. 2856 N.C.S. Page 3 DocuSign Envelope ID: 1291C5BA-C1C3-442F-8141-1EB4A1AC8205 EXHIBIT 'A' Legal Description Lands of BHDC Petaluma River Place LLC To the City of Petaluma All that real property situated in the City of Petaluma, lying within the County of Sonoma, State of California and being a portion of the lands of BHDC Petaluma River Place LLC, a California limited liability company as described in that Grant Deed filed for record April 3, 2023 under Document No.2023-013878, Official Records of the County of Sonoma and being more particularly described as follows: Beginning at a 3/4" iron pipe, tagged RCE 5948, shown as set on that Record of Survey of the lands of Hein Bros Basalt Rock Company, Inc, as said Record of Survey was filed for record September 10, 1980, in Book 311 of Maps at Pages 17-18, Sonoma County Records, said point being at the southerly terminus of that course recited as S 09°00'38" W 42.45 feet;thence from said POINT OF BEGINNING, along said boundary, North 09000'38" East, for a distance of 42.45 feet; thence, North 83°59'22" West, for a distance of 100.00 feet; thence, North 65003'22" West, for a distance of 71.78 feet; thence, South 88°38'38" West, for a distance of 243.10 feet; thence, South 81*1038" West, for a distance of 93.94 feet; thence, South 81°16'38" West, for a distance of 85.00 feet to the westerly boundary of said lands of BHDC Petaluma River Place LLC;thence, along said westerly boundary, South 00°44'14" West, for a distance of 362.74 feet to a point on the easterly boundary of Parcel One, as said parcel is described in said Grant Deed to BHDC Petaluma River Place LLC; thence, along a non tangent curve to the right, from a tangent that bears, South 34°37'32" West, with a radius of 270.00 feet, through a central angle of 14°02'06", for a distance of 66.14 feet to a point on the southeasterly boundary of said Parcel One; thence, along said southeasterly boundary, North 59°50'32" East, for a distance of 266.26 feet to a point on the easterly boundary of that Irrevocable Offer of Dedication of Public Right of Way to the City of Petaluma filed for record October 17, 2022 under Document No. 2022-066364, Official Records of the County of Sonoma; thence, along said easterly boundary, the following courses: North 86°27'59" West, for a distance of 17.09 feet; thence, along a tangent curve to the right, with a radius of 10.00 feet, through a central angle of 34°38'23", for a distance of 6.05 feet; thence, along a compound curve to the right, with a radius of 80.00 feet, through a central angle of 34°08'48", for a distance of 47.68 feet; thence, North 17°40'48" West, for a distance of 13.80 feet; thence, along a tangent curve to the right, with a radius of 464.00 feet, through a central angle of 10'45'53", for a distance of 87.18 feet; thence, along a reverse curve to the left, with a radius of 534.00 feet, through a central angle of 08°34'55" for a distance of 79.98 feet;thence, North 15'29'50" West, for a distance of 7.31 feet;thence, leaving said easterly boundary of that Irrevocable Offer of Dedication of Public Right of Way to the City of Petaluma along a tangent curve to the right, with a radius of 15.00 feet, through a central angle of 117°16'48", for a distance of 30.70 feet; thence, along a reverse curve to the left, with a radius of 105.00 feet, through a central angle of 18°16'12"; for a distance of 33.48 feet; thence, North 83°30'47" East, for a distance of 16.27 feet; thence, along a tangent 200 Fourth Street, Suite 300, Santa Rosa, CA 95401 1707.583.8500 DocuSign Envelope ID: 1291C5BA-C1C3-442F-8141-1EB4A1AC8205 curve to the left, with a radius of 35.00 feet, through a central angle of 49°05'44", for a distance of 29.99 feet; thence, along a reverse curve to the right, with a radius of 45.00 feet, through a central angle of 49°05'44";for a distance of 38.56 feet;thence, North 83°30'47" East, for a distance of 30.19 feet; thence, along a tangent curve to the right, with a radius of 95.00 feet, through a central angle of 43°36'55", for a distance of 72.32 feet; thence, along a reverse curve to the left, with a radius of 65.00 feet, through a central angle of 28°36'S4"; for a distance of 32.46 feet; thence, South 81°29'13" East, for a distance of 70.39 feet; thence, along a tangent curve to the right, with a radius of 195.00 feet, through a central angle of 08°33'39", for a distance of 29.14 feet; thence, along a reverse curve to the left, with a radius of 305.00 feet, through a central angle of 13°39'47"; for a distance of 72.73 feet; thence, along a reverse curve to the right, with a radius of 495.00 feet, through a central angle of 11°58'23"; for a distance of 103.44 feet; thence, along a reverse curve to the left, with a radius of 105.00 feet, through a central angle of 08°30'12"; for a distance of 15.58 feet; thence, South 06°52'50" West, for a distance of 23.89 feet to a point on said southeasterly boundary of Parcel One, as said parcel is described in said Grant Deed to BHDC Petaluma River Place LLC ; thence, along a non tangent curve to the right, from a tangent that bears, North 83'11'23" East, with a radius of 860.00 feet, through a central angle of 01°57'40", for a distance of 29.44 feet; thence, North 84°22'42" East, for a distance of 155.15 feet to an angle point in said Parcel One; thence along the boundary of said Parcel One, North 81°59'22" West for a distance of 235.63 feet to the Point of Beginning of the hereinabove described parcel of land. Containing 73,021 Sq. Ft. (1.68 Ac.) of land, more or less Basis of Bearings: Record of Survey of the lands of Hein Bros Basalt Rock Company, Inc, as said Record of Survey was filed for record September 10, 1980, in Book 311 of Maps at Pages 17-18, Sonoma County Records. Prepared by: 5��Q H LTly' vP`" BKF ENGINEERS ao �Qy '119i1� No. 4760 6-2-2023 q Ralph . Thomas, PLS. o. 60 - �rF OF CAOF DocuSign Envelope ID: 1291C5BA-C1C3-442F-8141-lEB4AlAC8205 EXHIBIT 'B' R=270.00' 7 4' CIP L66.14 14*0 O6 Sp0°4414,W 362 IN L3 ,p TANGENT BEARING N� 9-0 S34°37' 1<1 s� G4 C5 +� C6 L4 L2 C7 C8 0, C1 RECORD OF SURVEY 0 "a L1 311 Au4 RS 17-1 d L5 U �y LANDS OF BHDC a( PETALUMA RIVER C9 CO. G PLACE LLC DN 2023-013878 C10 4. G SEE SHEET 2 FOR LINE AND CURVE DATA. o L6 LEGEND c11Cq RIGHT OF WAY DEDICATION C12 ( 73,021 SF (1.68 AC) Z 00 W O C13 o Z NO N 100 0 100 , " N09°00 38 E scale 1" = 100' feet C14 42.45' POINT OF TANGENT BEARING L7 z BEGINNING NP` LAND N83°11'23"E 3/4" IRON PIPE 0 SG Z D 'RICE 5948' o``� �Q�H• THp�4'L�� R=860.00' C n? Q v o A=1°57'40" N a J� L=29.44' to No. 4760 NS cn * * 0) w CA%- 6-02-2023 RALPH . THOMAS c9z 4760 BKF ENGINEERS Subject LANDS OF BHDC RIVER PLACE LLC N i 2004th STREET TO THE CITY OF PETALUMA SUITE 300 Job No. 20221440 SANTA ROSA,CA 95401 'I (707) 583-8500 By AEG Date JUNE2023 Chkd .RHT www.bkf.com SHEET 1 OF 2 0 d 221440_DEDICATI ON-EXH B.dwg COPYRIGHT© 2021 BKF ENGINEERS DocuSign Envelope ID: 1291C5BA-C1C3-442F-8141-lEB4AlAC8205 EXHIBIT 'B' CURVE TABLE LINE TABLE CURVE DELTA RADIUS LENGTH LINE DIRECTION LENGTH C1 34°38'23" 10.00' 6.05' L1 N86°27'59"W 17.09' C2 34°08'48" 80.00' 47.68' L2 N17°40'48"W 13.80' C3 10*45'53" 464.00' 87.18' L3 N15"29'50"W 7.31' C4 8°34'55" 534.00' 79.98' L4 N83°30'47"E 16.27' C5 117*16'48" 15.00' 30.70' L5 N83°30'47"E 30.19' C6 18*16'12" 105.00' 33.48' L6 S81°29'13"E 70.39' C7 49°05'44" 35.00' 29.99' L7 S06°52'50"W 23.89' C8 49°05'44" 45.00' 38.56' C9 43°36'55" 95.00' 72.32' C10 28°36'54" 65.00' 32.46' C11 8°33'39" 195.00' 29.14' C12 13°39'47" 305.00' 72.73' C13 11"58'23" 495.00' 103.44' C14 8*30'12" 1 105.00' 15.58' \0Np- LA/VD S No. 4760 6-02-2023 RALPA H. THOMAS S 4760 BKF ENGINEERS Subject LANDS OF BHDC RIVER PLACE LLC N i 2004th STREET TO THE CITY OF PETALUMA SUITE 300 Job No. 20221440 o �� SANTA ROSA,CA 95401 'I (707) 583-8500 By AEG Date JUNE2023 Chkd .RHT 14 www.bkf.com SHEET 2 OF 2 0 d 221440-DEDICATION-EXH B.dwg COPYRIGHT© 2021 BKF ENGINEERS