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HomeMy WebLinkAboutStaff Report 3.B 04/20/2015Agenda Item #3.B PAY zs5$ DATE: April 20, 2015 TO: Honorable Mayor and Members of the City Council through City Manager FROM: Scott M. Duiven, Senior Planner. ' , ) SUBJECT: Resolutions Confirming the Detachment of Certain Properties No Longer Owned by the City of Petaluma as Described Herein RECOMMENDATION It is recommended that the City Council adopt the attached resolutions confirming the detachment of certain properties no longer owned by the City of Petaluma: • Resolution Confirming the Detachment of Certain Property, Assessor Parcel Number 017-090-006, No Longer Owned by the City of Petaluma as Described Herein • Resolution Confirming the Detachment of Certain Property, Assessor Parcel Number 017-090-007, No Longer Owned by the City of Petaluma as Described Herein • Resolution Confirming the Detachment of Certain Property, Assessor Parcel Number 017-090-008, No Longer Owned by the City of Petaluma as Described Herein BACKGROUND In 1959 several parcels were conveyed to the City of Petaluma by the California Water Services Company. On May 24, 1960, in response to a petition from the City of Petaluma, the Sonoma County Board of Supervisors approved, via Resolution No. 19901, annexation of unincorporated, contiguous and non-contiguous, real property owned by the City of Petaluma to the City of Petaluma. Since that time the City has sold these properties. Government Code Section 56742 requires that when a City sells such territory or any part thereof, all such territory which is no longer owned by the City shall cease to be part of the City. In addition, when a territory ceases to be part of a city pursuant to Section 56742, the legislative body of the city shall adopt a resolution confirming the detachment. The process of detaching these parcels was never completed. There are three (3) properties requiring detachment as follows: 017-090-006 Mervyn A and Carol D Sartori Trust 017-090-007 Mervyn A and Carol D Sartori Trust 017-090-008 Mervyn A and Carol D Sartori Trust DISCUSSION In 2013 LAFCO and the City of Petaluma received a request from the Deniz family regarding detachment of parcel 137-100-014. The issue/need for detachment came up as a result of estate planning by the Deniz family. On January 27, 2014 the City Council adopted Resolution 2014- 012 N.C.S., detaching this parcel from the City. Three additional parcels, located off of Manor Lane and owned by the Sartori family, still need to be formally detached. Since adoption of the resolution detaching the Deniz parcel, staff received further clarification from LAFCO as to the process required for transferring these properties from the City to County jurisdiction. Following adoption of the attached resolutions, the City Clerk will need to prepare a Certificate of Completion and have it recorded and prepare a Statement of Boundary Change to send to the State Board of Equalization so that the Tax Rate Area can be changed. Subsequent to the City's adoption of the resolutions detaching the properties, LAFCO will work with the County to rezone the properties to County zoning designations and assign the parcels to the appropriate service districts. Because of the work involved in processing these changes LAFCO has requested that we handle the detachment of all four parcels at one time. FINANCIAL IMPACTS Costs associated with this process include payment to the State Board of Equalization to change the Tax Rate Area from the City to the County. The Deniz family will pay the fee to the State Board of Equalization. There are no additional financial impacts beyond the staff time required to research and prepare this report. ATTACHMENTS 1. Resolution for APN 017-090-006 2. Resolution for APN 017-090-007 3. Resolution for APN 017-090-008 4. Location Map ATTACHMENT 1 RESOLUTION CONFIRMING THE DETACHMENT OF CERTAIN PROPERTY, ASSESSOR PARCEL NUMBER 017-090-006, NO LONGER OWNED BY THE CITY OF PETALUMA AS DESCRIBED HEREIN WHEREAS, the City of Petaluma owned the properties located in the County of Sonoma and identified as follows: LEGAL DESCRIPTION OF APN 017-090-006: ALL THOSE CERTAIN PARCELS OF REAL PROPERTY HEREINAFTER DESCRIBED, SITUATED IN THE COUNTY OF SONOMA, STATE OF CALIFORNIA, PARCEL A BEING A PORTION OF LOT 273 AND PARCEL B BEING A PORTION OF LOT 316 AS SHOWN AND DESIGNATED UPON A MAP OF A PORTION OF THE PETALUMA RANCHO MADE BY ROWE AND FILED IN BOOK 8 OF MAPS, PAGE 15, SONOMA COUNTY RECORDS, AND PARCELS BEING PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE COMMON EASTERLY CORNER OF SAID LOTS 273 AND 316; THENCE N. 79° 52' W, 620.7 FEET TO THE POINT OF BEGINNING OF THE TRACT OF LAND TO BE HEREIN DESCRIBED; THENCE S. 16'24'W. 100.0 FEET; THENCE N. 73° 36' W. 80.0 FEET; THENCE N. 16° 24' E. 100.0 FEET; THENCE S. 73° 36'E. 80.0 FEET TO THE POINT OF BEGINNING. Containing 0.184 acres WHEREAS, said property are shown in the Sonoma County Assessor's Parcel Map Book 17 page 9 (Exhibit A); and WHEREAS, said property was annexed to the City of Petaluma effective May 24, 1960 by the Sonoma County Board of Supervisors Resolution No. 19901; and WHEREAS, said property is not within or contiguous to the corporate limits of the City of Petaluma; and WHEREAS, the City of Petaluma authorized the sale of said property for private use; and WHEREAS, Government Code Section 56742 further mandates that when the City sells such territory or any part thereof, all such territory which is no longer owned by the City shall cease to be part of the City; and WHEREAS, Government Code Section 56742 further mandates that the legislative body of the City shall adopt a resolution confirming detachment of such territory from the City of Petaluma; and WHEREAS, City Council action to adopt a resolution confirming detachment of said property from the City of Petaluma is a mandatory requirement of section 56742 of the Government Code, and as a result, such action is exempt from the requirements of the California Environmental Quality Act ("CEQA") because such action is not discretionary pursuant to section 21080, subdivision (a) of the Public Resources Code, and/or because such action is ministerial pursuant to section 15268, subdivision (a) of the CEQA Guidelines (14 California Code of Regulations 15258); NOW, THEREFORE, BE IT RESOLVED, that the said property described herein and depicted on the diagram attached to and made a part of this resolution as Exhibit A is no longer owned by the City and is hereby detached from the City of Petaluma in accordance with the requirements of California Government Code section 56742 and other applicable law. h N`\ Q) `J � NaMM �m ren 0000 ATTACHMENT 2 RESOLUTION CONFIRMING THE DETACHMENT OF CERTAIN PROPERTY, ASSESSOR PARCEL NUMBER 017-090-007, NO LONGER OWNED BY THE CITY OF PETALUMA AS DESCRIBED HEREIN WHEREAS, the City of Petaluma owned the properties located in the County of Sonoma and identified as follows: LEGAL DESCRIPTION OF APN 017-090-007: ALL THOSE CERTAIN PARCELS OF REAL PROPERTY HEREINAFTER DESCRIBED, SITUATED IN THE COUNTY OF SONOMA, STATE OF CALIFORNIA, PARCEL A BEING A PORTION OF LOT 273 AND PARCEL B BEING A PORTION OF LOT 316 AS SHOWN AND DESIGNATED UPON A MAP OF A PORTION OF THE PETALUMA RANCHO MADE BY ROWE AND FILED IN BOOK 8 OF MAPS, PAGE 15, SONOMA COUNTY RECORDS, AND PARCELS BEING PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EASTERLY CORNER COMMON TO SAID LOTS 273 AND 316; THENCE N. 790 52' W. 620.7 FEET; THENCE N. 16'20' E. 342.1 FEET TO THE POINT OF BEGINNING OF THE TRACT OF LAND TO BE HEREIN DESCRIBED; THENCE N. 82° 36' W. 40.0 FEET; THENCE N. 7° 24' E. 40.0 FEET; THENCE S. 82° 36' E. 40.0 FEET; THENCE S. 70 24'W. 40.0 FEET TO THE POINT OF BEGINNING. Containing 0.0367 acres WHEREAS, said property are shown in the Sonoma County Assessor's Parcel Map Book 17 page 9 (Exhibit A); and WHEREAS, said property was annexed to the City of Petaluma effective May 24, 1960 by the Sonoma County Board of Supervisors Resolution No. 19901; and WHEREAS, said property is not within or contiguous to the corporate limits of the City of Petaluma; and WHEREAS, the City of Petaluma authorized the sale of said property for private use; and WHEREAS, Government Code Section 56742 further mandates that when the City sells such territory or any part thereof, all such territory which is no longer owned by the City shall cease to be part of the City; and WHEREAS, Government Code Section 56742 further mandates that the legislative body of the City shall adopt a resolution confirming detachment of such territory from the City of Petaluma; and WHEREAS, City Council action to adopt a resolution confirming detachment of said property from the City of Petaluma is a mandatory requirement of section 56742 of the Government Code, and as a result, such action is exempt from the requirements of the California Environmental Quality Act ("CEQA") because such action is not discretionary pursuant to section 21080, subdivision (a) of the Public Resources Code, and/or because such action is ministerial pursuant to section 15268, subdivision (a) of the CEQA Guidelines (14 California Code of Regulations 15258); NOW, THEREFORE, BE IT RESOLVED, that the said property described herein and depicted on the diagram attached to and made a part of this resolution as Exhibit A is no longer owned by the City and is hereby detached from the City of Petaluma in accordance with the requirements of California Government Code section 56742 and other applicable law. 7 Q anoo � NOMM 0000 lis Er o�rvd wo�EovE ATTACHMENT 3 RESOLUTION CONFIRMING THE DETACHMENT OF CERTAIN PROPERTY, ASSESSOR PARCEL NUMBER 017-090-008, NO LONGER OWNED BY THE CITY OF PETALUMA AS DESCRIBED HEREIN WHEREAS, the City of Petaluma owned the property located in the County of Sonoma and identified as follows: LEGAL DESCRIPTION OF APN 017-090-008: THAT CERTAIN PARCEL OF LAND HEREINAFTER DESCRIBED, BEING A PORTION OF LOT 273 AS SHOWN AND DESIGNATED UPON A MAP OF A PORTION OF THE PETALUMA RANCHO MADE BY ROWE AND ON FILE IN BOOK 8 OF MAPS, PAGE 15, SONOMA COUNTY RECORDS, SAID PORTION BEING PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE COMMON EASTERLY CORNER OF LOTS 273 AND 316 OF THE PETALUMA RANCHO; THENCE NORTH 79° 52' WEST 620.7 FEET; THENCE SOUTH 160 24' WEST 100.0 FEET; THENCE NORTH 73° 36' WEST 80.0 FEET; THENCE SOUTH 560 15' WEST 108.86 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 160 25' WEST 50.0 FEET; THENCE NORTH 730 36' WEST 50.0 FEET; THENCE NORTH 160 24' EAST 50.0 FEET; THENCE SOUTH 73° 36' EAST 50.0 FEET TO THE POINT OF BEGINNING. Containing 0.0573 acres; and WHEREAS, said property are shown in the Sonoma County Assessor's Parcel Map Book 17 page 9 (Exhibit A); and WHEREAS, said property was annexed to the City of Petaluma effective May 24, 1960 by the Sonoma County Board of Supervisors Resolution No. 19901; and WHEREAS, said property is not within or contiguous to the corporate limits of the City of Petaluma; and WHEREAS, the City of Petaluma authorized the sale of said property for private use; and WHEREAS, Government Code Section 56742 further mandates that when the City sells such territory or any part thereof, all such territory which is no longer owned by the City shall cease to be part of the City; and WHEREAS, Government Code Section 56742 further mandates that the legislative. body of the City shall adopt a resolution confirming detachment of such territory from the City of Petaluma; and WHEREAS, City Council action to adopt a resolution confirming detachment of said property from the City of Petaluma is a mandatory requirement of section 56742 of the Goverment Code, and as a result, such action is exempt from the requirements of the California Environmental Quality Act ("CEQA") because such action is not discretionary pursuant to section 21080, subdivision (a) of the Public Resources Code, and/or because such action is ministerial pursuant to section 15268, subdivision (a) of the CEQA Guidelines (14 California Code of Regulations 15258); NOW, THEREFORE, BE IT RESOLVED, that the said property described herein and depicted on the diagram attached to and made a part of this resolution as Exhibit A is no longer owned by the City and is hereby detached from the City of Petaluma in accordance with the requirements of California Government Code section 56742 and other applicable law. e> « E m _ w � � :� a � (E) 0.60 0 @ 1 } A®, ! ����:�fl � \ \\ Map Pae 1 of 2 ATTAG�HMENT 4 '136-1 GO -0'15 017-100-013 136-140-013 '136-150-014, 017-100-012 - 017-100-017 13G-140-015 136-140-003 e [ m 017-100-01 E 136-140-009 017-090-009 t � I t�--09 d-0.0 6 017-G90-0IG . - — -)V-7 -C),�O' (Do 017-100-01G �✓ 017-110.006 136-060-056 017-110.013 017-110-0112 N, — tf 017-1'I d 01',4 q o017-080-009 o17-oso-oo4 t o -. - 017-120-001 136-060-032 t Ilia 0'17-070-004 1,„ 017-130-008 0.2 0.1 0 0,�wftg-00: 1?ET MAMUNICIPALAIRPORT fit. http://se-Ris/SoCoMap/Basic/images/PrintTemplates/SoCo PrintTemplateltln 8/20/2014 !