HomeMy WebLinkAboutPlanning Commission Resolution 2020-19 09/11/2020 DocuSign Envelope ID: D5B3253B-0895-4B23-BB2D-FF9179DF238F
RESOLUTION 2020-19
CITY OF PETALUMA PLANNING COMMISSION
RESCINDING PLANNING COMMISSION RESOLUTION NO. 2020-05
RELATING TO APPROVAL OF SITE PLAN AND ARCHITECTURAL REVIEW FOR
THE CORONA STATION RESIDENTIAL PROJECT
LOCATED AT 890 NORTH MCDOWELL BOULEVARD
(APN 137-061-019; FILE NO. PLMA— 18-0006)
WHEREAS, Todd Kurtin with Lomas Properties LLC ("Applicant") submitted an application for the
Corona Station Residential Project, including a Zoning Text Amendment, Development Agreement,
Density Bonus and Development Concession/Incentive, Tentative Subdivision Map, Conditional Use
Permit and Site Plan and Architectural Review for a 1 10-unit residential project within the MU 1 B zone
with Flood Plain -Combining (FP -C) Overlay, located on a 6. 5 -acre site at 890 North McDowell
Boulevard (APN 137-061-019) (the " Project"); and
WHEREAS, on November 12, 2019 and January 14, 2020, the Planning Commission held duly
noticed public hearings to consider the Project and adopted Planning Commission Resolution Nos.
2019-18, 2019-19, and 2019-20, which found the environmental analysis contained in the Mitigation
Negative Declaration to be adequate to disclose potential environmental impacts of the Project but
ultimately denied the Zoning Text Amendment and recommended denial of the remainder of the
Project to the City Council; and
WHEREAS, on January 15, 2020, the Applicant appealed the Planning Commission's decision on
the Zoning Text Amendment to the City Council; and
WHEREAS, on January 27, 2020 and February 24, 2020, the City Council held duly noticed public
hearings to consider the Project, the Planning Commission's recommendations, and the Applicant's
appeal; and
WHEREAS, on February 24, 2020, the City Council adopted three resolutions relating to the
approval of the Project: Resolution No. 2020-29 (adopting the mitigated negative declaration and
mitigation monitoring and reporting program), 2020-30 (approving the density bonus housing
agreement), and 2020-31 (approving the vesting tentative map) (collectively, the "Project Approval
Resolutions"); and
WHEREAS, on February 24, 2020, the City Council also introduced two ordinances relating to
approval of the Project: Ordinance No. 2721 (approving the implementing zoning ordinance text
amendment), and Ordinance No. 2722 (approving the development agreement) (collectively, the
"Project Approval Ordinances"); and
WHEREAS, on March 10, 2020, the Planning Commission adopted Resolution No. 2020-05
approving Site Plan and Architectural Review for the Project ("Project SPAR Approval Resolution"); and
WHEREAS, on March 16, 2020, the City Council formally adopted the Project Approval
Ordinances; and
Planning Commission Resolution No.2020-19 Page 1
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WHEREAS, on April 15, 2020, a group of citizens identified as the Petaluma Community Alliance
filed a petition for writ of mandate and complaint for declaratory relief in the Sonoma County Superior
Court, alleging, among other things, that the City's mitigated negative declaration was inadequate
and that the City should have prepared an environmental impact report for the Project; and
WHEREAS, in order to avoid potentially costly litigation, the Applicant has requested that the City
rescind the Project Approval Resolutions and the Project Approval Ordinances so as to effectively
rescind all Project-related approvals and entitlements; and
WHEREAS, while the rescission of the Project Approval Resolutions and the Project Approval
Ordinances is a discretionary action, the action is categorically exempt consistent with the California
Environmental Quality Act Guidelines pursuant to Section 15061 (b)(3) (General Rule) in that the
rescission of the SPAR Approval Resolution along with the rescission actions approved by the City
Council, will eliminate all Corona Station Residential Project approvals and therefore no possibility exists
that the action could cause a significant effect on the environment; and
WHEREAS, the City Council held a duly notice public hearing on November 2, 2020 at which time
they approved Resolution No. 2020-161 and introduced Ordinance No. 2748 rescinding the Project
Approval Resolutions and the Project Approval Ordinances; and
WHEREAS, the City Council recognized that to complete the recission of all Project approvals it
will be necessary for the Planning Commission to rescind the SPAR Approval Resolution following the
Council's rescission of the Project Approval Resolutions and the Project Approval Ordinances so that all
Project entitlements are rescinded; and
WHEREAS, public notice of the November 17, 2020 public hearing before the Planning
Commission to consider the rescission of the SPAR Approval Resolution was published in the Argus
Courier on November 5, 2020 and notice was mailed to all property owners and tenants in a 1,000 foot
radius of the project site.
NOW,THEREFORE, BE IT RESOLVED BY THE PETALUMA PLANNING COMMISSION AS FOLLOWS:
1. The foregoing recitals are true and correct and are hereby incorporated herein by reference
as findings of the Planning Commission.
2. The rescission of Planning Commission Resolution No. 2020-05 is exempt from CEQA pursuant
to Section 15061 (b)(3) of the CEQA Guidelines in that the proposed activity, along with
rescission of the Project Approval Resolutions and Project Approval Ordinances will eliminate
the Corona Station Residential Project approvals and therefore there is no possibility that the
action could cause a significant effect on the environment.
2. The Project SPAR Approval Resolution (Resolution No. 2020-05) is hereby rescinded in its entirety
and shall no longer be of any force or effect upon this resolution taking effect.
3. This Resolution No. 2020-19 is effective immediately upon adoption.
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ADOPTED this 1 Ith day of November 2020, by the following vote:
Commission Member Aye No Absent Abstain
Councilmember McDonnell X
Chair Bauer X
Vice Chair Alonso X
Hooper X
Marzo X
Potter X
Vacant
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Planning Commission Resolution No.2020-19 Page 3