sonoma lafco sentiment survey speers/benjamins … · wood john m & lynette a . 654 speers rd :...

For accessibility assistance with any of the following documents, please contact Sonoma LAFCO at (707) 565-2577 or email us at [email protected].

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No

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PR

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Per

mit

s

No

183-

150-

019

AR

CH

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1 B

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66

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65

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ATTACHMENT 1

183-

250-

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CO

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incl

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an

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to

wat

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sew

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co

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to C

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(bo

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No

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SAR

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403

Ap

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2014

May

be

183-

250-

021

AN

AYA

JO

SE A

562

MID

DLE

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CO

N R

DSA

NTA

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SA C

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9540

9Se

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n

oh

as s

eco

nd

un

it

Tota

l Pro

per

ties

Su

rvey

ed35

Tota

l Rep

on

ses

Rec

eive

d

3086

%

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l Yes

or

May

be

Res

po

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s7

23%

Tota

l No

Res

po

nse

s23

77%

Factors for Consideration (California Government Code §56668)

Factor Review Comments

(a) Population and population density; land area

and land use; per capita assessed valuation;

topography, natural boundaries, and drainage

basins; proximity to other populated areas; the

likelihood of significant growth in the area, and in

adjacent incorporated and unincorporated areas,

during the next 10 years.

The subject territory, totaling

approximately 1.92 acres, is part of a

larger unincorporated island located

within and adjacent to the City of Santa

Rosa boundary. The territory is generally

flat with a variety of shrubs and trees

scattered throughout. A portion of Ducker

Creek passes approximately 100 feet

north of the subject territory.

The territory consists of two parcels, one

of which is largely developed with a

single-family dwelling and a second

dwelling unit. The second parcel has a

partially demolished dwelling. Fewer than

6 people reside in the affected territory.

The area is bordered on three sides by

the City. The parcel to the south is

developed with a school currently used as

a center for at-risk youth; the other

surrounding properties are developed

with similar residential uses and zoned

RR20 and RR40 (Very Low Density

Residential)

At this time, there is no additional

development proposed for either of the

parcels. All territory is within the City of

Santa Rosa’s sphere of influence and

Urban Growth Boundary.

(b) Need for organized community services; the

present cost and adequacy of governmental

services and controls in the area; probable future

needs for those services and controls; probable

effect of the proposed incorporation, formation,

annexation, or exclusion and of alternative

courses of action on the cost and adequacy of

Annexation to the City is proposed so as

to provide both parcels with access to

City water and sanitary sewer services.

The area is prone to the failure of older

septic systems that may not be repairable

or replaceable under current County

regulations. The wells may also be at

ATTACHMENT 2

Item 3.3 Attachment 2 2 November 2, 2016

services and controls in the area and adjacent

areas.

"Services," as used in this subdivision, refers to

governmental services whether or not the

services are services that would be provided by

local agencies subject to this division, and

includes the public facilities necessary to provide

those services.

threat due to the failure of these systems.

The connection to City services will allow

for existing and proposed development at

densities permitted by the City’s General

Plan. The zoning is RR-20 (Rural

Residential) with the permitted zoning

proposed as Single Family Residential.

The City indicates that it can serve the

subject territory. Any future development

proposals would be required to comply

with the development standards set forth

by the City and may be subject to

conditions of approval in order to

effectuate the provision of services.

(c) The effect of the proposed action and of

alternative actions, on adjacent areas, on mutual

social and economic interests, and on the local

governmental structure of the county.

The affected territory is located within the

City’s Sphere of Influence, voter-

approved Urban Growth Boundary, and

“urban service area” boundary for the City

in the Sonoma County General Plan. The

affected territory is adjacent to City

boundary on three sides. The surrounding

area is developed with residential uses

and is RR20 (Rural Residential).

(d) The conformity of both the proposal and its

anticipated effects with both the adopted

commission policies on providing planned,

orderly, efficient patterns of urban development,

and the policies and priorities set forth in Section

56377. (Note: Section 56377 encourages

preservation of agricultural and open-space

lands.)

The proposal is consistent with

Commission policies. The affected

territory is within the City’s Sphere of

Influence and contiguous to the City

boundary; its annexation is a logical

extension of City boundaries. The

proposed zoning is consistent with the

land-use designations in the City’s

General Plan.

(e) The effect of the proposal on maintaining the

physical and economic integrity of agricultural

lands, as defined by Section 56016.

The affected territory is contiguous to City

boundaries, within the City’s Sphere of

Influence and Urban Growth Boundary,

and, as such, has been planned for

annexation and urban uses. The territory


is not zoned for agricultural use or under

a Williamson Act contract.

(f) The definiteness and certainty of the

boundaries of the territory, the nonconformance

of proposed boundaries with lines of assessment

or ownership, the creation of islands or corridors

of unincorporated territory, and other similar

matters affecting the proposed boundaries.

The parcels that comprise the subject

territory have specific boundary lines that

are certain and identifiable. The affected

territory is part of a larger unincorporated

island surrounded by City limits and

annexation would decrease the size of

the unincorporated island. No new islands

will be created.

(g) A regional transportation plan adopted

pursuant to Section 65080.

Annexation of the subject parcel would

not affect or be affected by Plan Bay

Area, the Regional Transportation Plan

for the San Francisco Bay Area, in that

the Plan focuses growth in Priority

Development Areas (PDA). The affected

territory is not within a PDA.

(h) The proposal’s consistency with city or county

general and specific plans.

The City states that the proposal is

consistent with its General Plan. The

County states that the affected territory is

within the City’s “urban service area”

boundary for the City in the Sonoma

County General Plan, thus the proposal is

consistent with the County General Plan.

(i) The sphere of influence of any local agency

that may be applicable to the proposal being

reviewed.

The affected territory is located within the

City of Santa Rosa’s sphere of influence

and is not located within the sphere of

influence of any other agency.

(j) The comments of any affected local agency or

other public agency.

The Sonoma County Permit and

Resource Management Department

found the proposal to be consistent with

the County General Plan; the County

indicated its support for the annexation.

(k) The ability of the newly formed or receiving The City of Santa Rosa states that it can


entity to provide the services which are the

subject of the application to the area, including

the sufficiency of revenues for those services

following the proposed boundary change.

serve the affected territory upon

annexation. Should development

proposals be submitted to the City, the

City could condition its approval on those

improvements that would assure the

provision of necessary services.

(l) Timely availability of water supplies adequate

for projected needs as specified in Section

65352.5.

As the subject territory is within the City’s

Urban Growth Boundary and General

Plan, the City has anticipated potential

development and indicates that it can

serve the affected territory. Should

development be proposed, the City may

condition its approval on improvements

that would assure provision of necessary

services. The applicant indicates that a

water main is available in the street

fronting the parcel.

(m) The extent to which the proposal will affect a

city or cities and the county in achieving their

respective fair shares of the regional housing

needs as determined by the appropriate council

of governments consistent with Article 10.6

(commencing with Section 65580) of Chapter 3

of Division 1 of Title 7.

The subject application proposes only

annexation to the City of Santa Rosa. In

itself, the proposal does not affect

achievement of regional housing needs

for the City or the County.

(n) Any information or comments from the

landowner or owners, voters, or residents of the

affected territory.

In July 2015, LAFCO staff mailed two

surveys to the landowners of the parcels

within the larger unincorporated island to

determine the sentiment of the owners to

annexation. LAFCO received 25

responses, 20 of which were opposed to

annexation of their parcels. No

statements of opposition to the

annexation application weres received.

(o) Any information relating to existing land use

designations.

The land-use designation in the City’s

General Plan for the subject territory is

Very Low Density Residential. This

assumes development of single family


residences, which would be consistent

with surrounding parcels within City

boundaries.

(p)The extent to which the proposal will promote

environmental justice. As used in the law,

“environmental justice” means the fair treatment

of people of all races, cultures, and incomes with

respect to the location of public facilities and the

provision of public services.

The proposal makes no representations

or exclusions of people of any race,

culture and/or income with respect to

location of public facilities and public

services.

Ord. No. 4065 Page 1 of 2

ORDINANCE NO. 4065

ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA ROSA PREZONING THE REAL PROPERTIES LOCATED AT 547 SPEERS ROAD (ASSESSOR’S PARCEL NO. 183-250-020) AND 562 MIDDLE RINCON ROAD (ASSESSOR’S PARCEL NO. 183-250-021), TO THE RR-20 (RURAL RESIDENTIAL) ZONING DISTRICT; FILE NO. ANX15-001

THE PEOPLE OF THE CITY OF SANTA ROSA DO ENACT AS FOLLOWS:

Section 1. The Council finds, based on the evidence and records presented, that the RR-20 (Rural Residential) Zoning District is appropriate for Assessor’s Parcel Numbers 183-250-020 (547 Speers Road) and 183-250-021 (562 Middle Rincon Road). The Council further finds and determines that:

A. The proposed Prezoning is consistent with the goals and policies of all elements of the City’s General Plan in that the proposed Prezoning to the RR-20 (Rural Residential) zoning district is consistent with the existing General Plan land use designation of Very Low Density Residential (0.2-2.0 dwelling units per acre); and

B. The proposed Prezoning would not be detrimental to the public interest, health, safety, convenience, or welfare of the City in that no physical changes are proposed as part of this project and permissible future uses under the proposed RR-20 (Rural Residential) Prezoning are compatible with the surrounding neighborhood; and

C. The site is physically suitable including absence of physical constraints, access and compatibility with adjoining land uses, and provision of utilities for the proposed Prezoning to the RR-20 (Rural Residential) zoning district.

Section 2. All conditions required by law have been satisfied and all findings with relation thereto have been made. Title 20 of the Santa Rosa Code is amended by amending the “Zoning Map of the City of Santa Rosa,” as described in Section 20-20.020, so as to change the classification of Assessor’s Parcel Nos. 183-250-020 (547 Speers Road) and 183-250-021 (562 Middle Rincon Road).

Section 3. In addition to any other conditions that are deemed appropriate or necessary, any development approval for this property shall be expressly conditioned to require the applicant to fulfill the following condition:

Sewer connections for this development, or any part thereof, will be allowed only in accordance with the requirements of the California Regional Water Quality Control Board, North Coast Region, in effect at the time that the building permit(s) for this development, or any part thereof, are issued.

Section 4. Environmental Determination. The proposed Prezoning amendment has been reviewed in compliance with the California Environmental Quality Act (CEQA). The General Plan land use designation for the subject site is Very Low Density Residential (0.2-2.0 units per acre) which designation was reviewed as part of the Santa Rosa General Plan 2035 Environment Impact Report (EIR), adopted by City Council Resolution No. 27509, dated November 3, 2009. The proposed Prezoning to the RR-20 (Rural Residential) zoning district is consistent with the

ATTACHMENT 3

Ord. No. 4065 Page 2 of 2

Very Low Density land use designation and, therefore, was encompassed within scope of the EIR. There have been no substantial changes in the project and no substantial changes in circumstances that would require any major revision of the EIR, nor is there any new information which was not known and could not have been known at the time the EIR was certified. Thus no further environmental review is required.

Section 5. Severability. If any section, subsection, sentence, clause, phrase or word of this ordinance is for any reason held to be invalid and/or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance.

Section 6. Effective Date. This ordinance shall take effect on the 31st day following its adoption.

This ordinance was introduced by the Council of the City of Santa Rosa on May 24, 2016.

IN COUNCIL DULY PASSED this 31st day of May, 2016.

AYES: (6) Mayor Sawyer, Vice Mayor Schwedhelm, Council Members Carlstrom,

Coursey, Olivares, Wysocky NOES: (0) ABSENT: (1) Council Member Combs ABSTAIN: (0)

547

SPEE

RS

RO

ADSA

NTA

RO

SAC

ALIF

OR

NIA

954

09-3

124

1

Submittal / Revision:

1

2

3

4

5

6

7

LANDS OFPCL PROPERTIES 1 LPPROPERTY ADDRESS

547 SPEERS ROADAPN 183-250-020

SPEERS ROAD

MIDDLE RINCO

N ROAD

RINCONADA DRIVE

LEISURE LANE

GR

AN

AD

A D

RIV

E

BENJAMINS ROAD

MIDDLE RINCON ROAD

BENJAMINS ROAD

SPEE

RS

RO

AD

COUNTYLINE

COUNTYLINE

COUNTYLINE

PROPOSED PARCELSTO BE ANNEXED

SINGLE FAMILYRESIDENTIAL






DUPLEX

DUPLEX

DUPLEX

DUPLEX

TRIPLEX

SCHOOL






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DUPLEX




RESIDENTIAL

RESIDENTIAL





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CONVALESCENTHOSPITAL






DUCKERCREEK

DUPLEX

COUNTYLINE

LANDS OFJOSE ANAYA

PROPERTY ADDRESS562 MIDDLE RINCON ROAD

APN 183-250-021

ATTACHMENT 4

Resolution No.

575 Administration Drive, Room 104A Santa Rosa, CA 95403 November 2, 2016 Resolution of the Local Agency Formation Commission of the County of Sonoma, State of California, Making Findings and Determinations, Determining Exemption from the California Environmental Quality Act and Approving a Reorganization of Territory Designated as: Northeast Santa Rosa Reorganization No. 01-15 (PCL Properties 1LP), Involving Annexation to the City Of Santa Rosa and Detachment from Rincon Valley Fire Protection District and County Service Area No. 41 (Multi-Services), and Waiving Protest Proceedings for the Proposal

RESOLVED, that the Local Agency Formation Commission of the County of Sonoma (“the Commission”) hereby finds and determines as follows: 1. Proposal and Procedural History

1.1 PCL Properties 1 LP (the Applicant) filed Application No. 16-07 (the Application) with the Executive Officer of the Commission (the Executive Officer) pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, Government Code section 56000 et seq. (the Cortese-Knox-Hertzberg Act), proposing a reorganization consisting of annexation to the City of Santa Rosa (City) and detachment from Rincon Valley Fire Protection District and County Service Area No. 41 (Multi-Services) of approximately 1.92 acres and consisting of two parcels (APNs 183-250-020 and183-250-021) (the Proposal). The subject territory is generally located north of Benjamins Road, south of Montecito Blvd. between Middle Rincon Road and Speers Road, in northeast Santa Rosa (the Affected Territory). As part of the Application, the Applicant included a plan for providing services within the Affected Territory (Plan for Services). The Application and the Plan for Services were submitted to the Executive Officer pursuant to the Cortese-Knox-Hertzberg Act. The Executive Officer accepted the Application for filing and issued a certificate of filing on September 19, 2016. Following issuance of the certificate of filing, the Executive Officer set the Proposal for consideration by the Commission and provided notice thereof as provided in the Cortese-Knox-Hertzberg Act.

1.2 The City determined that the proposal was consistent with the

environmental impact report (the EIR) for the Santa Rosa General Plan 2035 and that no further environmental review was required.

1.3 Based on the City’s action, the Executive Officer determined that the

Proposal is exempt from further CEQA review.

Item 3.2 Attachment 4. 2 November 2, 2016

1.4 The Executive Officer reviewed the Proposal and written comments

received thereon and prepared a report analyzing the Proposal and recommending its approval (the Executive Officer’s Report). Upon completion, the Executive Officer furnished copies of the Executive Officer’s Report to all persons entitled to copies under the Cortese-Knox-Hertzberg Act.

1.5 The Commission considered the Executive Officer’s Report and the Proposal at its meeting of November 2, 2016. At the meeting, the Commission allowed for hearing and receipt of all relevant oral and written testimony and evidence presented or filed and considered the Executive Officer’s Report and the Proposal. All interested persons were given the opportunity to hear and be heard. At the conclusion of its deliberations, the Commission voted to approve the Proposal, as set forth herein.

1.6 The Commission has reviewed and considered this resolution and hereby finds that it accurately sets forth the intentions of the Commission with respect to the Proposal. 2. CEQA Compliance

2.1 The Commission concurs with the City and the Executive Officer and finds that no further CEQA review is required for the Proposal.

2.2 The Commission finds that the City certified an EIR for the Santa Rosa General Plan 2035 in November 2009 and that the City’s pre-zoning of the Affected Territory in Ordinance 4065 (the Ordinance) in May 2016 is consistent with the Very Low Density land use designation and consistent with the scope of the EIR. The Commission further finds that, in the Ordinance, the City found that no substantial changes and no substantial changes in circumstances that would require any major revision of the EIR exist in relation to the Affected Territory, and there was no new information which was not known and could not have been known at the time the EIR was certified. These findings support the City’s conclusion that no further CEQA review is required or permitted pursuant to Public Resources Code section 21166 and State CEQA Guidelines section 15162.

2.3 The Commission concurs with the City’s findings and determinations

pursuant to CEQA and the State CEQA Guidelines. 2.4 The Commission further finds and determines that the Proposal is exempt

pursuant to Public Resources Code section 21083.3(e) and State CEQA Guidelines section 15183 (Projects Consistent with a Community Plan or Zoning). The facts and circumstances supporting the Commission’s conclusion are as follows:

(a) Public Resources Code section 21083.3(e) and State CEQA Guidelines

section 15183 exempt from additional environmental review projects that are consistent with the development density established by a general plan for


which an EIR was certified, except to the extent necessary to examine project-specific impacts that are peculiar to the project or its site.

(b) The Proposal is consistent with the Santa Rosa General Plan 2035.

(c) There are no impacts peculiar to the Proposal or the Affected Territory that were not previously considered in the EIR.

3. Cortese-Knox-Hertzberg Act Compliance

3.1 The Commission finds that the Affected Territory is within the City’s Sphere of Influence and the “urban service area” boundary for the City in the Sonoma County General Plan. The Commission therefore determines that the Proposal is consistent with the City’s Sphere of Influence and the Sonoma County General Plan.

3.2 The Commission finds that the Affected Territory is within the City’s Urban Growth Boundary, is contiguous to, and a logical extension of, the City’s boundary, and is consistent with the land-use designations in the City’s General Plan. The Commission further finds that the Affected Territory has been pre-zoned by the City.

3.3 The Commission finds that the purpose of the Proposal is to allow access to City services and development in accordance with densities permitted by the City’s General Plan.

3.4 The Commission finds that the Affected Territory is uninhabited and the owners of the subject parcels have provided their written consent to the Proposal.

3.5 Based on the foregoing findings and determinations and the record of

these proceedings, the Commission finds and determines that the Proposal is consistent with the intent of the Cortese-Knox-Hertzberg Act and the purposes of the Commission, as expressed in Government Code §56001 and §56301 and that approval of the Proposal is appropriate. 4. Evidence in the Record

4.1 The findings and determinations set forth in Sections 1 through 3 of this resolution are based upon the entire record before the Commission. References to specific reports or documents in a finding or determination are not intended to identify those sources as the exclusive bases for the finding or determination. Headings are inserted for convenience only, and the location of a finding or determination under a specific heading is not intended to limit the role of that finding or determination to that particular heading.


NOW, THEREFORE, based on the foregoing findings and determinations and the record of these proceedings, and pursuant to the Cortese-Knox-Hertzberg Act, the Commission hereby declares and orders as follows:

1. The foregoing findings and determinations are true and correct, are supported by substantial evidence in the record, and are adopted as hereinabove set forth.

2. The Proposal is exempt from the provisions of CEQA, pursuant to Public Resources Code section 21083.3(e) and State CEQA Guidelines section 15183. The Executive Officer is directed to file a notice of exemption in accordance with the provisions of CEQA and the State CEQA Guidelines.

3. The Proposal is approved.

4. Since the owners of the Affected Territory have provided their written consent to the Proposal, the Commission shall waive protest proceedings for the Proposal.

5. The boundaries of the Affected Territory shall be as shown and described

in Exhibit “A” to this resolution, attached hereto and incorporated herein by this reference.

6. The Proposal is assigned the following short-form designation: Northeast Santa Rosa Reorganization No. 01-15 (PCL Properties 1 LLP).

7. The regular county assessment roll shall be utilized for the Proposal.

8. The Affected Territory shall not be taxed for existing bonded indebtedness and contractual obligations and shall be subject to prevailing utility connection and use charges upon connection.

9. The property tax transfer to the City shall be in accordance with the master property tax exchange agreement adopted by the County of Sonoma and the cities in Sonoma County, as described in Sonoma County Board of Supervisors Resolution No. 89-0270.

10. The Executive Officer is hereby authorized and directed to mail certified copies of this resolution in the manner provided by law.

11. If a certificate of completion for the Proposal has not been filed within one

year after the adoption of this resolution, the Proposal shall be deemed abandoned unless, prior to expiration of the one-year time period, the Commission authorizes an extension of time for completion of the Proposal.

ATTACHMENT 4

12. The Clerk of the Commission is designated as the custodian of thedocuments and other materials that constitute the record of the proceedings upon which the Commission’s decision herein is based. These documents may be found at the office of the Clerk of the Commission, 575 Administration Drive, Room 104A, Santa Rosa, CA, 95403.

THE FOREGOING RESOLUTION was introduced at a regular meeting of the Commission on the 2nd day of November 2016 and ordered adopted by the following vote:

COMMISSIONERS:

Ayes Noes Abstain

WHEREUPON, the Chair declared the foregoing resolution adopted and so ordered.

_______________________________ Mark Bramfitt, Executive Officer

The within instrument is a true and correct copy of the original on file in this office.

ATTEST:

BY: ___________________________ Clerk

ATTACHMENT 5

sonoma lafco sentiment survey speers/benjamins … · wood john m & lynette a . 654 speers rd :...

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