HomeMy WebLinkAboutPlanning Commission Resolution 2023-09 05/09/2023Planning Commission Resolution No. 2023-09 Page 1
RESOLUTION 2023-09
CITY OF PETALUMA PLANNING COMMISSION
MAKING A GENERAL PLAN CONFORMITY DETERMINATION CONSISTENT WITH
CALIFORNIA GOVERNMENT CODE SECTION 65402(a) FOR THE PURPOSE OF A LAND
SWAP
BETWEEN THE CITY OF PETALMA AND VULCAN LANDS INC.
ASSOCIATED WITH ASSESSOR PARCEL NUMBERS 007-163-008 AND 007-700-002
LOCATED BETWEEN THE MCNEAR CHANNEL AND HOPPER STREET,
AND RECOMMENDING THAT THE CITY COUNCIL APPROVE THE PROPOSED LAND SWAP
WHEREAS, the City of Petaluma and Vulcan Lands Inc. as owners of real property identified as
Assessor Parcel Numbers 007-700-002 and 007-163-008, respectively, and located between the McNear
Channel waterway and Hopper Street have requested approval of a land swap where the City of
Petaluma would acquire an approximately 9,348 square foot (0.21 acres) portion of APN 007-163-008
from Vulcan Lands Inc. and Vulcan Lands Inc. would acquire an approximately 4,554 square foot (0.10
acres) portion of APN 007-700-002 from the City of Petaluma as shown in Exhibit A attached hereto; and
WHEREAS, Government Code section 65402(a) regulates government disposition and acquisition of
real property, mandating that prior to disposing or acquiring real property, a jurisdiction’s Planning
Commission shall report on the conformity of that action with the jurisdiction’s General Plan; and
WHEREAS, the property currently owned by Vulcan Land Inc. and to be acquired by the City of
Petaluma is traversed by a Class 1 public trail providing non-vehicular access from Hopper Street to the
Steamer Landing Park vista and public parking area at the terminus of Copeland Street, and the trail
extends along the McNear Peninsula to the David Yearsley Heritage Center (the restored barn) and
Petaluma River Park property; and
WHEREAS, the property currently owned by the City of Petaluma and to be acquired by Vulcan
Lands Inc. is currently utilized by Vulcan Materials as part of its river-dependent industrial use as a
concrete batch plant immediately adjacent to the City property; and
WHEREAS, the proposed land swap does not propose any change to the existing use of either
property, and it does not propose a change to the General Plan land use designation; and
WHEREAS, the land exchange would support the implementation of the Petaluma General Plan 2025
in that it would allow for and legally formalize public access on the existing Class 1 path across APN 007-
163-008 between Hopper Street and Steamer Landing Park at the terminus of McNear Peninsula; and
WHEREAS, the Class 1 multi-use path across APN 007-163-008 is consistent with General Plan Figure 5-
2, shown as a proposed trail in the City’s River Access and Enhancement Plan, and identified as an
existing off-street path in the 2013 Petaluma SMART Station Area Master Plan; and
WHEREAS, the land swap is consistent with major objectives for the Central Petaluma Specific Plan
planning sub-area as identified in the General Plan 2025 in that it supports ongoing connection to the
Petaluma River through maintaining public access along the River while maintaining traditional industrial
waterfront activities; and
WHEREAS, the land swap is in conformance with General Plan Policy 2-P-12, which calls for the
establishment of pedestrian access to the Petaluma River; and
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Planning Commission Resolution No. 2023-09 Page 2
WHEREAS, the land swap is in conformance with General Plan Policy 5-P-15, which calls for the
implementation of the bikeway system as outlined in the Bicycle and Pedestrian Plan (General Plan
Exhibit 5-2) and expands and improves the bikeway system as the opportunity arose; and
WHEREAS, the land swap facilitates long-term City ownership and associated public access on the
existing Class 1 path and supports the viability and public access to recreational opportunities that exist
on the McNear Peninsula, including Steamer Landing and the Petaluma River Park, which are both
identified in the General Plan 2025 as community parks; and
WHEREAS, the land swap supports associated General Plan Policy 6-P-2-A, which calls for the
provision of public access and recreational opportunities along the length of the Petaluma River and its
tributaries, to every extent possible; and
WHEREAS, the land swap supports the implementation of the Oyster Cove Mixed Use Project at 100
East D Street in that it provides the opportunity for the emergency vehicle access needed for the
project based on existing fire code requirements for the scope of the project; and
WHEREAS, the Planning Commission recently approved a series of resolutions recommending City
Council approval of the Oyster Cove project and found it consistent with the General Plan 2025 and
including the recently adopted 2023-2031 Housing Element; 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 heard and to be present; and
WHEREAS, the City of Petaluma Planning Commission has reviewed the proposed land swap and
has determined that the associated disposition and acquisition of real property conform to the General
Plan 2025.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of Petaluma hereby finds,
based on substantial evidence in the record, that:
1. The foregoing recitals are true and accurate and are incorporated into this Resolution as
findings.
2. That the proposed land swap, including the disposition and acquisition of real property as shown
in Exhibit A attached hereto, is in general conformance with the City’s General Plan 2025
because:
• The land exchange would support the implementation of the Petaluma General Plan 2025 in
that it would allow for and legally formalize the public access on the existing Class 1 path
across APN 007-163-008 between Hopper Street and the Steamer Landing Park vista and
public parking area at the terminus of McNear Peninsula.
• The Class 1 path connection across APN 007-163-008 is consistent with General Plan Exhibit 5-
2, shown as a proposed trail in the City’s River Access and Enhancement Plan, and identified
as an existing off-street path in the 2013 Petaluma SMART Station Area Master Plan.
• The land swap is consistent with major objectives for the Central Petaluma Specific Plan
planning sub-area as identified in the General Plan 2025 in that it supports ongoing
connection to the Petaluma River through maintaining public access along the River while
maintaining traditional industrial waterfront activities.
• The land swap is in conformance with General Plan Policy 2-P-12, which calls for establishing
pedestrian access to the Petaluma River.
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• The land swap is in conformance with General Plan Policy 5-P-15, which calls for the
implementation of the bikeway system as outlined in the Bicycle and Pedestrian Plan
(General Plan Exhibit 5-2) and expands and improves the bikeway system as the opportunity
arose.
• The land swap facilitates long-term City ownership and associated public access on the
existing Class 1 path and supports the viability and public access to recreational
opportunities that exist on the McNear Peninsula, including Steamer Landing and the River
Park, which are both identified in the General Plan 2025 as community parks.
• The land swap supports the associated General Plan Policy 6-P-2-A, which calls for providing
public access and recreational opportunities along the length of the Petaluma River and its
tributaries, to every extent possible.
• The Planning Commission recently approved a series of resolutions recommending City
Council approval of the Oyster Cove project and found it consistent with the General Plan
2025, including the recently adopted 2023-2031 Housing Element.
• The land swap supports the success of the Oyster Cover Mixed Use Project at 100 East D
Street in that it provides an opportunity for the emergency vehicle access needed based on
existing fire code requirements for the scope of the project.
3. The land swap does not include proposed changes to the existing use of either property nor any
proposed change to the existing land use designation of either of the properties.
4. The land swap is exempt from the California Environmental Quality Act under the general rule
that CEQA applies only to projects that have the potential for causing a significant effect on the
environment and that there is no possible significant effect directly related to the land swap as
proposed as there is no change in existing conditions with the exception of ownership.
5. That no further action is required under CEQA pursuant to Section 15061(b)(3) of the State CEQA
Guidelines, and independently, the Project is categorically exempt (class 5) pursuant to Section
15305 of the State CEQA Guidelines (Minor Alterations in Land Use). None of the exceptions to
Categorical Exemptions set forth in the CEQA Guidelines, Section 15300.2, apply to this project.
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Planning Commission Resolution No. 2023-09 Page 4
ADOPTED this 23rd day of May 2023, by the following vote:
Commission Member Aye No Absent Recuse
Councilmember Cader Thompson X
Chair Bauer X
Vice Chair Hooper X
McErlane X
Potter X
Racusen X
Whisman X
___________________________________
Heidi Bauer, Chair
ATTEST: APPROVED AS TO FORM:
________________________________________ _________________________________________
Andrew Trippel, Planning Manager Dylan Brady, Assistant City Attorney
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Planning Commission Resolution No. 2023-09 Page 5
Exhibit 1
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DocuSign Envelope ID: 67EC4FD5-FC7E-43D1-B4C4-78F2A760042F