HomeMy WebLinkAboutRESOLUTION 2024-131 N.C.S. 10/21/2024 Docusign Envelope ID: B3B26ACE-7F28-43BB-B738-OA310685D221
Resolution No. 2024-131 N.C.S.
of the City of Petaluma, California
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PETALUMA ADOPTING A
RESOLUTION OF APPLICATION FOR REORGANIZATION OF PROPERTY LOCATED ALONG
OLD REDWOOD HIGHWAY GENERALLY NORTH OF MCDOWELL BOULEVARD;
APNS: 047-213-017 and 137-011-048; FILE NO. PLZA-2023-0001 AND PLAN-2024-0001
WHEREAS,in accordance with Section 56375(a)(7)of the Cortese/Knox Local Government Reorganization
Act of 1985 and the policies of the Sonoma County LAFCO, the City Council is recommended to pre-zone the
property proposed for annexation to the City of Petaluma; and
WHEREAS, on January 23, 2024, the Planning Commission held a duly noticed public hearing, pursuant to
Implementing Zoning Ordinance Section 25.050,to consider the proposed annexation,at which time all interested
parties had the opportunity to be heard; and
WHEREAS, on January 23, 2024 and prior to acting on this request, the Planning Commission considered
the staff report analyzing the application, including the California Environmental Quality Act (CEQA)
determination therein; and
WHEREAS,the Planning Commission adopted a Resolution to recommend that the City Council adopt the
Resolution of Application for annexation at the January 23, 2024 public hearing with direction to staff to work
with the applicant and provide recommendations to City Council for addressing the information and expressed
concerns in the November 17, 2015 letter about existing fill that was placed by Adobe Lumber Company; and
WHEREAS,the applicant provided a technical memo addressing concerns in the November 17, 2015 letter,
Fill Evaluation Memo, dated May 29, 2024, prepared by West Consultants, included in the June 17, 2024 City
Council staff report; and
WHEREAS,on June 17,2024,the City Council held a duly noticed public hearing,pursuant to Implementing
Zoning Ordinance Section 25.065, to consider the proposed annexation, at which time all interested parties had
the opportunity to be heard.
WHEREAS, on June 17, 2024, the City Council of the City of Petaluma held a duly noticed public hearing
to consider the amendments and continued the item to a date uncertain by a vote of 5-1-1 and directed the
applicant to provide a revised fill analysis; and
WHEREAS,the applicant provided a revised technical memo addressing City Council comments from the
June 17, 2024 public hearing, date revised August 30, 2024, prepared by West Consultants, included in the
October 21, 2024 City Council staff report; and
WHEREAS, on October 21, 2024, the City Council held a duly noticed public hearing,pursuant to
Implementing Zoning Ordinance Section 25.065,to consider the proposed annexation, at which time all
interested parties had the opportunity to be heard; and
NOW, THEREFORE,BE IT RESOLVED,by the City Council of the City of Petaluma as follows:
Resolution No. 2024-131 N.C.S. Page 1
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1. That the above recitations are true and correct and material to this Resolution.
2. A resolution of application to the Sonoma County Local Agency Formation Commission for reorganization
of the territory depicted in Attachment A - Exhibit 1 is in accordance with the applicable provisions of the
California Environmental Quality Act.
3. The subject property is within the adopted Sphere of Influence and Urban Growth Boundary of the City of
Petaluma General Plan.
4. The annexation is, for the reasons discussed in the January 23, 2024 Planning Commission staff report and
October 21, 2024 City Council staff report, consistent with the following Petaluma General Plan policies:
Policy 1-P-1 (Development Within UGB); Policy 1-P- 29 (Development Within Urban Growth Boundary);
Policy 1-P-35 (Growth Within Urban Growth Boundary); Policy 1-P-36 (Growth Within Urban Growth
Boundary); and Policy 1-P-38 (Growth Within Urban Growth Boundary).
5. This annexation will enable several provisions of the General Plan to be achieved including: orderly
improvement of City infrastructure, preservation of the city's Urban Growth Boundary, and preservation of
County land uses, including commercial and light industrial uses.
6. The City Council pre-zones the± 12.9-acre site located at 5400 Old Redwood Highway to apply a Business
Park zoning designation and corresponding Floodplain Combining District(FP-C) to portions of the site
within the 100-year floodplain and Open Space and Parks (OSP) zoning to corresponding portions of the
site along Willow Brook Creek and the General Plan designated urban separator.
7. Based on the record of the January 23, 2024, Planning Commission meeting, and the staff report, staff
presentation, comments received at the June 17, 2024 and October 21 public hearings, the City Council
makes the following findings based on substantial evidence in the record:
a. The proposed project is categorically exempt from the provisions of CEQA pursuant to CEQA Guidelines
Section 15319 (Class 19 - Annexations of Existing Facilities and Lots for Exempt Facilities). This
exemption includes annexations to a city or special district of areas containing existing public or private
structures developed to the density allowed by the current zoning or pre-zoning of either the gaining or
losing governmental agency whichever is more restrictive,provided,however,that the extension of utility
services to the existing facilities would have a capacity to serve only the existing facilities. The existing
site complies with all applicable City and County zoning regulations including but not limited to density,
setbacks, height, and lot coverage, and City utility services have capacity to serve existing facilities.
If a project qualifies for the use of a categorical exemption, then the lead agency must determine whether
the project is subject to any of the exceptions to the use of a categorical exemption, pursuant to CEQA
Guidelines Section 15300.2.None of the exceptions to the use of a categorical exemption apply as (a)the
project is not located in an area where it may impact an environmental resource of hazardous or critical
concern (applies to classes 3, 4, 5, 6, and 11 only); (b) will not result in cumulative impacts; (c) does not
involve an activity where there is a reasonable possibility that the activity will have a significant effect on
the environment due to unusual circumstances; (d) will not result in damage to scenic resources within a
highway officially designated as a state scenic highway; (e) is not located on a hazardous waste site
pursuant to Section 65962.5 of the Government Code,and(f)will not result in a substantial adverse change
in the significance of a historical resource. As none of the exceptions to the exemption apply, the project
would not be precluded from the use of the Class 19 exemption. Therefore, no further environmental
analysis is needed.
Resolution No. 2024-131 N.C.S. Page 2
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Moreover, as the property to be annexed is within the UGB, the General Plan Environmental Impact
Report, already analyzed impacts associated with this property, which included the potential for
annexation.
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 Approved as to
Council of the City of Petaluma at a Regular meeting on the 21st day of October DocuSigned by:form:
2024,by the following vote: F
l Q
SEFFMAEET'IA4 Attorney
AYES: McDonnell,Barnacle,Cader Thompson,Pocekay,Shribbs �Y
NOES: Healy,Nau
ABSENT: None
ABSTAIN: None Si ned by:
DocuSigned by:
rc V�{�
ATTEST:
City Clerk Mayor
Resolution No. 2024-131 N.C.S. Page 3
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ATTACHMENT A
PLANNING COMMISSION RESOLUTION NO.2024-01
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PETALUMA
RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE AMENDING THE
ZONING MAP OF THE IMPLEMENTING ZONING ORDINANCE TO APPLY BUSINESS
PARK, OPEN SPACE AND PARK, AND FLOODPLAIN COMBINING DISTRICT ZONING TO
PRE-ZONE A 12.9-ACRE SITE LOCATED AT 5400 OLD REDWOOD HIGHWAY TO BUSINESS
PARK (BP), OPEN SPACE AND PARK (OSP), AND FLOODPLAIN COMBINING DISTRICT
(FP-C)ZONING DISTRICTS PRIOR TO ANNEXATION PROCEEDINGS TO BE CONDUCTED
BY THE SONOMA LOCAL AREA FORMATION COMMISSION (LAFCO); APNS: 047-213-017
and 137-011-048; FILE NO.PLZA-2023-0001 AND PLAN-2024-0001
WHEREAS, on June 15, 2023, the property owner, Cornerstone Properties, submitted a
request for a Zoning Map Amendment to apply Business Park, Open Space, and Park, and
Floodplain Combining District zoning to the ± 12.9-acre site located at 5400 Old Redwood
Highway; and
WHEREAS, the entire project site is located within the Urban Growth Boundary and in
an area classified by the City of Petaluma General Plan as Business Park and Open Space; and
WHEREAS, per IZO Chapters 19 and 25, an amendment to the zoning map may be
requested by a property owner, and the City Council may approve an amendment upon the
recommendation of the Planning Commission; and
WHEREAS, Retail as secondary uses are permitted within the BP zone per IZO 4.020.N,
and all existing uses were legally established in the County. Upon annexation, existing Retail as
primary uses on the Project Site will be subject to IZO Chapter 22 (Nonconforming Uses); and
WHEREAS,public notice of the Planning Commission hearing was published in the
Petaluma Argus-Courier and mailed to residents and occupants within 1,000 feet of the
Project site in compliance with state and local law; and
WHEREAS, a public hearing sign was posted on-site at least 10 days prior to the
Planning Commission meeting, consistent with IZO Section 24.100.B; and
WHEREAS, the Planning Commission held a duly noticed public hearing to consider the
proposed amendment on January 23,2024; and
WHEREAS,the Planning Commission considered the staff report dated January 23,2024,
including the California Environmental Quality Act(CEQA) determination included therein; and
WHEREAS, the Planning Commission considered the amendment to apply a Business
Park, Open Space and Park, and Floodplain Combining District zoning to the ± 12.9-acre site
located at 5400 Old Redwood Highway; and
Planning Commission Resolution No.2024-01 Page 1 of 6
Docusign Envelope ID:B3B26ACE-7F28-43BB-B738-OA310685D221
Attachment A January 23,2024
5400 Old Redwood Highway Zoning Map Amendment
NOW THEREFORE, BE IT RESOLVED BY THE PLANNING
COMMISSION OF THE CITY OF PETALUMA AS FOLLOWS:
1. The foregoing recitals are true and correct and incorporated herein by reference.
2. Based on its review of the entire record herein, the Planning Commission makes the following
findings:
California Environmental Quality
a. The proposed project is categorically exempt from the provisions of CEQA pursuant to
CEQA Guidelines Section 15319 (Class 19 - Annexations of Existing Facilities and Lots
for Exempt Facilities). This exemption includes annexations to a city or special district of
areas containing existing public or private structures developed to the density allowed by
the current zoning or pre-zoning of either the gaining or losing governmental agency
whichever is more restrictive, provided, however, that the extension of utility services to
the existing facilities would have a capacity to serve only the existing facilities. The
existing site complies with all applicable City and County zoning regulations, including
but not limited to density, setbacks,height, and lot coverage, and City utility services have
the capacity to serve existing facilities.
If a project qualifies for the use of a categorical exemption, then the lead agency must
determine whether the project is subject to any of the exceptions to the use of a categorical
exemption, pursuant to CEQA Guidelines Section 15300.2. None of the exceptions to the
use of a categorical exemption apply as (a) the project is not located in an area where it
may impact an environmental resource of hazardous or critical concern(applies to classes
3, 4, 5, 6, and 11 only); (b) will not result in cumulative impacts; (c) does not involve an
activity where there is a reasonable possibility that the activity will have a significant effect
on the environment due to unusual circumstances; (d) will not result in damage to scenic
resources within a highway officially designated as a state scenic highway; (e) is not
located on a hazardous waste site pursuant to Section 65962.5 of the Government Code,
and (f) will not result in a substantial adverse change in the significance of a historical
resource. As none of the exceptions to the exemption apply, the project would not be
precluded from the use of the Class 19 exemption. Therefore, no further environmental
analysis is needed.
Moreover, as the property to be annexed is within the UGB, the General Plan
Environmental Impact Report, already analyzed impacts associated with this property,
which included the potential for annexation.
General Plan
b. The project site is located within the UGB with a General Plan land use designation of
Business Park. The General Plan land use designation for the site would remain Business
Park, and the proposed Zoning Map Amendment would be consistent with the General
Plan Business Park designation in that the BP zoning district is an implementing zoning
district of the Business Park land use designation.
Planning Commission Resolution No.2024-01 Page 2 of 6
Docusign Envelope ID:B3B26ACE-7F28-43BB-B738-OA310685D221
Attachment A January 23,2024
5400 Old Redwood Highway Zoning Map Amendment
c. The Project, for the reasons discussed in the January 23, 2024, Planning Commission staff
report, is consistent with the following General Plan principles and policies:
Policy 1-P-1 Promote a range of land uses at densities and intensities to serve the
community within the Urban Growth Boundary.
Policy 1-P-29 It is the policy of the City to build within the agreed upon Urban Growth
Boundary. No urban development shall be permitted beyond the Urban
Growth Boundary. "Urban development"shall mean development requiring
one or more basic municipal services including, but not limited to, water
service, sewer, improved storm drainage facilities, fire hydrants and other
physical public facilities and services; but shall not mean providing
municipal or public services to open space uses,public or quasi-public uses
such as schools or public safety facilities. Said municipal or public services
or facilities can be developed beyond the UGB to provide services within
the UGB.
Policy 1-P-35 Growth shall be contained within the boundaries of the Urban Growth
Boundary. The necessary infrastructure for growth will be provided within
the Urban Growth Boundary.
Policy 1-P-36 For properties adjoining the Urban Growth Boundary, it is the intent of the
City that projects developed in the City or requesting City services shall be
of limited density (as shown on the General Plan Land Use Map), unless
greater density is required to satisfy the requirements of state housing laws,
and shall be designed to preserve the visual and physical openness and
preserve the aesthetic and natural features of that portion of the property
proximate to the rural areas outside of the designated Urban Growth
Boundary.
Policy 1-P-38 Require all development outside of city limits and within the UGB to annex
to the city as a condition of extension of City services. Annexation requires
the extension of both potable water and sewer services in compliance with
adopted Master Plans, in conjunction with other public improvements as
deemed appropriate by the City.
Implementing Zoning Ordinance
d. The project is consistent with Implementing Zoning Ordinance Chapter 25—Amendments
in that all required findings found in IZO Section 25.070 can be made as follows:
i. Pursuant to IZO Section 4.020.N (Purpose of Established Zones), the BP zone
implements the Business Park General Plan land use designation and is therefore
consistent with the General Plan. Additionally, the rezoning would pre-zone a property
within the UGB prior to future annexation and extension of municipal services to the
site.The requested amendment is consistent with the General Plan and would not change
the development potential of the site. No physical changes are proposed, and the
applicant intends to maintain the existing building and uses. Any future development
Planning Commission Resolution No.2024-01 Page 3 of 6
Docusign Envelope ID:B3B26ACE-7F28-43BB-B738-OA310685D221
Attachment A January 23,2024
5400 Old Redwood Highway Zoning Map Amendment
would be subject to compliance with the IZO and consistency with the River Access and
Enhancement Plan.
ii. The public necessity, convenience, and general welfare clearly permit the adoption of
the proposed Zoning Map Amendment. The amendment will pre-zone a site within the
UGB to allow a future annexation and extension of municipal services.Properties within
the UGB are within the service area of the City of Petaluma, and therefore, public
necessity requires the adoption of the proposed amendment in conjunction with
connection to municipal services to properties within the UGB. In addition, the
amendment and connection to municipal services will allow the property owner to lease
additional space within the existing commercial building. Thus, the convenience of the
property owner and the general welfare of the City of Petaluma merchants clearly permit
the proposed amendment.
3. Based on its review of the entire record herein, including the January 23, 2024, Planning
Commission staff report, all supporting, referenced, and incorporated documents, and all
comments received and the foregoing findings,the Planning Commission hereby recommends
that the City Council approve the amendment to the Zoning Map depicted in Exhibit 1, subject
to the conditions of approval attached hereto as Exhibit 3.
Planning Commission Resolution No.2024-01 Page 4 of 6
Docusign Envelope ID: B3B26ACE-7F28-43BB-B738-OA310685D221
Attachment A January 23,2024
5400 Old Redwood Highway Zoning Map Amendment
ADOPTED this 23rd day of January 2024,by the following vote:
Commission Member Aye No Absent Abstain
Bauer X
Chair Hooper X
McErlane X
Vice Chair Racusen X
Whisman X
Vice Mayor Cader X
Thompson
Mozes X
DocuSigned hy:
1k06ry 1/29/2024
B-IMM ooper, Chair
ATTEST: APPROVED AS TO FORM:
L64D,:,S'g d by: D S'g d by:
dam. Tampa 1/29/2024 V1.I�(,Au- f y�a 1/29/2024
66369C8EIIF30d... L588CSS6EDZ5�
Andrew Trippel, Planning Manager Dylan Brady, Assistant City Attorney
Planning Commission Resolution No.2024-01 Page 5 of 6
Docusign Envelope ID:B3B26ACE-7F28-43BB-B738-OA310685D221
Attachment A January 23,2024
5400 Old Redwood Highway Zoning Map Amendment
EXHIBIT 3
ZMA CONDITIONS OF APPROVAL
5400 Old Redwood Highway Pre-Zoning for Annexation
Located at 5400 Old Redwood Highway
APNs: 047-213-017 & 137-011-048
File No. PLZA-2023-0001 AND PLAN-2024-0001
Planning Division
1. Upon annexation, existing Retail as primary uses on the Project Site will be considered legal
nonconforming uses and subject to IZO Chapter 22 (Nonconforming Uses).
2. All existing and future uses are required to obtain a City of Petaluma business license following
annexation into the City of Petaluma.
Public Works
3. Upon annexation, the applicant shall connect to City utilities in substantial conformance with the
Conceptual Utility Plan, dated October 14, 2021, including but not limited to, a connection to the
existing City water line within Old Redwood Highway and a f 736-foot sanitary sewer line extension
that would connect an existing 8-inch sanitary sewer line within Redwood Way to the site via Old
Redwood Highway.
Planning Commission Resolution No.2024-01 Page 6 of 6