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Home My WebLink AboutORDINANCE 2902 N.C.S. 05/19/2025Ordinance No. 2902 N.C.S. Page 1 EFFECTIVE DATE OF ORDINANCE June 18, 2025 ORDINANCE NO. 2902 N.C.S. Introduced by: John Shribbs Seconded by: Karen Nau AN ADOPTION (SECOND READING) OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA APPROVING THE EASEMENT DEDICATION OF THE CAULFIELD EXTENSION LOCATED AT 0 BAUTISTA WAY, APN: 136-690-013 WHEREAS, the Riverfront Subdivision received tentative map approval from the City Council on July 21, 2014, under Riverfront 11-TM-0130, and Resolution No. 2014-127 N.C.S. adopted associated Conditions of Approval; and WHEREAS, as part of the Conditions of Approval for the Riverfront project, the developer is required to dedicate an easement for the future Caulfield Lane extension and potential southern crossing of the Petaluma River, located adjacent to the Riverfront Active Park; and WHEREAS, the Riverscape Townhome Development (PLMA-21-0002) is the final subdivision within the Riverfront Development, and the required easement dedication must occur prior to City Council consideration of the Riverscape Final Map; and WHEREAS, Section 46 of Article VII of the Petaluma City Charter requires that any City action providing for the acquisition, sale, or lease of real property valued at $3,000 or more must be authorized by ordinance or pursuant to general law; and WHEREAS, the acquisition of this easement for the potential future Caulfield Lane extension by ordinance complies with Section 46 of Article VII of the City Charter; and WHEREAS, TL Partnership and Riverfront LLC are seeking approval of the Riverscape Final Map and the construction of public improvements, including portions of Hopper Street, Caulfield Lane, and new internal streets serving the subdivision; and WHEREAS, the Conditions of Approval for the Riverscape Subdivision require the developer to dedicate the easement to the City as part of the final entitlement process; and Docusign Envelope ID: 458C8BBB-637C-489A-9DE7-589980157BDE Ordinance No. 2902 N.C.S. Page 2 WHEREAS, the dedication of the easement does not include any obligation to construct improvements at this time, and serves solely to secure the potential right-of-way for the future Caulfield Extension project; and WHEREAS, City staff has reviewed the proposed Easement Dedication and accompanying survey exhibits and determined that they satisfy all applicable legal and procedural requirements for Council acceptance; and WHEREAS, the City Engineer and City Attorney’s Office have reviewed the Easement Dedication and have reported it to be in conformity with the City’s Subdivision Ordinance, Conditions of Approval, and such reports have been forwarded to and reviewed by the City Council; and WHEREAS, the certifications required by law will be endorsed on said easement; and WHEREAS, the City Council finds that the Easement Dedication for the Caulfield Extension conforms to the requirements of this City's Subdivision Ordinance, Conditions of Approval, and is consistent with and conforms to the general plan for the area. NOW THEREFORE BE IT ORDAINED by the Council of the City of Petaluma, as follows: Section 1. Recital 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 Pursuant to the California Environmental Quality Act (“CEQA”), City staff determined that the Project is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Staff found that there is no possible significant effect directly related to the land exchange as proposed, as there is no proposed change in existing conditions with the exception of ownership; 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 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. Section 3. Approval of the Easement In accordance with Section 46 of Article VII of the Petaluma City Charter and other applicable law, the Easement Dedication for the Caulfield Extension, attached hereto as Exhibit A and incorporated into this Ordinance, is hereby approved, provided that the conditions, which have been previously set forth in Resolution No. 2014-127 N.C.S., incorporated herein by reference, shall be carried out. Section 4. City Manager Authorization to Execute Easement The City Manager is hereby authorized and directed to sign the Easement Dedication, attached hereto as Exhibit A, and any other necessary and appropriate documents in the City’s interest to affect the purposes of this Docusign Envelope ID: 458C8BBB-637C-489A-9DE7-589980157BDE Ordinance No. 2902 N.C.S. Page 3 Ordinance. The City Clerk shall thereupon cause said Easement Dedication to be recorded in the Office of the Sonoma County Recorder. Section 5. 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 6. 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 any other applicable law. Section 7. Effective Date The Ordinance shall become effective thirty (30) days after the date of its adoption by the Petaluma City Council. INTRODUCED and ordered published and posted this 5th day of May 2025. ADOPTED this 19th day of May 2025 by the following vote: Ayes: McDonnell, Barnacle, DeCarli, Nau, Quint, Shribbs Noes: None Abstain: None Absent: Cader Thompson, Kevin McDonnell, Mayor ATTEST: APPROVED AS TO FORM: Caitlin Corley, City Clerk Eric Danly, City Attorney Docusign Envelope ID: 458C8BBB-637C-489A-9DE7-589980157BDE WHEN RECORDED RETURN TO: Office of the City Clerk of Petaluma 11 English Street Petaluma, Ca 94952 PUBLIC RIGHT OF WAY EASEMENT Documentary Transfer Tax -- $0.00 (conveyance to public agency; R&T 11922) FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged: [Grantor's Name] hereby GRANT(S) AN IRREVOCABLE OFFER OF DEDICATION TO: City of Petaluma, a municipal corporation An easement over and upon that certain real property situated in the City of Petaluma, County of Sonoma, State of California and further described in Exhibits “A” and “B” attached hereto and made a part hereof. APN: [APN number] (portion) By: [Signatory's Name, Title] Date: By: [Signatory's Name, Title] CERTIFICATE OF ACCEPTANCE This is to certify that the obligation in real property [APN number] conveyed by the Grant Deed dated [date] from [name] for all purposes necessary including, but not limited to, construction, installation, reconstruction, maintenance, and repair of a public right of way, and appurtenant structures, and to perform any other work necessary and incidental to such installations and maintenance, over and upon that certain real property situated in the City of Petaluma, State of California, as described in Exhibit ‘A’ and diagrammed on the corresponding Exhibit ‘B’ attached to said Grand Deed to the City of Petaluma, a California municipal corporation, is hereby accepted by the undersigned official on behalf of the Petaluma City Council, pursuant to authority conferred by the resolution of the City Council adopted January 18, 1965, and the City of Petaluma consents to recordation thereof by its duly authorized officer. CITY OF PETALUMA, a municipal corporation By: Peggy Flynn, City Manager Date: EXHIBIT A EASEMENT DEDICATION Docusign Envelope ID: 458C8BBB-637C-489A-9DE7-589980157BDE WHEN RECORDED RETURN TO: Office of the City Clerk of Petaluma 11 English Street Petaluma, Ca 94952 PUBLIC RIGHT OF WAY EASEMENT Documentary Transfer Tax -$0.00 (conveyance to public agency; R&T 11922) This document is recorded on behalf of the City of Petaluma and is Exempt from recording fees pursuant Government Codes 6103 and 27383 FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged: Petaluma Riverfront, LLC, a California limited liability company {"Grantor") hereby GRANT(S) TO: City of Petaluma, a municipal corporation {"Grantee") An easement over and upon that certain real property situated in the City of Petaluma, County of Sonoma, State of California and further described in Exhibits "A" and "B" attached hereto and made a part hereof. APN: 136-690-012 (portion) Dated: _L.f_,..'8_---t,_�--- PETALUMA RIVERFRONT, LLC A California limited liability company By: G&W Ventures, LLC Managing Member By: ---"-"11A�· -n&J-:�-Matthew T. White, Manager Docusign Envelope ID: 458C8BBB-637C-489A-9DE7-589980157BDE Docusign Envelope ID: 458C8BBB-637C-489A-9DE7-589980157BDE Docusign Envelope ID: 458C8BBB-637C-489A-9DE7-589980157BDE Docusign Envelope ID: 458C8BBB-637C-489A-9DE7-589980157BDE Docusign Envelope ID: 458C8BBB-637C-489A-9DE7-589980157BDE