HomeMy WebLinkAboutResolution 2017-015 N.C.S. 01/09/2017Resolution No. 2017 -015 N.C.S.
of the City of Petaluma, California
A RESOLUTION OF THE PETALUMA CITY COUNCIL ADOPTING A
RESOLUTION OF APPLICATION FOR REORGANIZATION OF PROPERTY
LOCATED ALONG PETALUMA BOULEVARD SOUTH GENERALLY EAST
OF MCNEAR AVENUE AND WEST OF U.S. HIGHWAY 101
File No: 07 -ANX -0623
WHEREAS, on June 6, 2005, the City Council adopted Resolution No. 2005 -087 N.C.S.
supporting an application to the Sonoma County Local Agency Formation Commission
( LAFCO) for Assessor's Parcel Numbers 019 - 210 -010, -011, -026, -038, and -039 and 019 -220-
012 and -027 for a project known as the Lomas Residential Development and pursuant to the
Cortese/Knox Local Government Reorganization Act of 1985; and
WHEREAS, on June 19, 2006, the City Council adopted Resolution No. 2006 -119
N.C.S. authorizing the City Manager to execute a memorandum of understanding with the
County of Sonoma regarding jurisdiction over compliance with the Petaluma Quarry Revised
Reclamation Plan and also an agreement with South Petaluma Partners LLC regarding a two -part
annexation of various unincorporated properties along the vicinity of Petaluma Boulevard South;
and
WHEREAS, on August 8, 2006, a Pre - Annexation Agreement Regarding Two -Part
Annexation and Restrictive Covenants was entered into between the City of Petaluma and South
Petaluma Partners LLC and recorded as Document No. 2006097772; and
WHEREAS, on October 4, 2006, the Sonoma County LAFCO adopted Resolution No.
2518 approving the annexation supported by City Council Resolution No. 2005 -087 N.C.S. but
with Condition No. 3 (a) which reads in full,
"Not later than 30 days after the City receives notice from the County of Sonoma of the
completion of reclamation of APNs 019 - 210 -010, 019 -210 -038, and 019- 210 -039, the City
and /or the Applicant shall initiate proceedings with the Commission for the annexation of APNs
019 - 210 -005, 019 - 210 -006, 019 - 210 -007, 019 - 210 -008, 019 - 210 -009, 019- 210 -013, 019 -210-
014, 019- 210 -021, 019 - 210 -022, 019 -210 -025, 019 - 210 -029, 019 -210 -033, 019 - 210 -034, 019-
210 -035, and 019 -210 -036 to the City "; and
WHEREAS, on December 2, 2015, the County of Sonoma provided notice to the
California Office of Mine Reclamation, pursuant to the provisions of the Surface Mining and
Reclamation Act of 1975, that the Petaluma Quarry (State Mine Id# 91 -49 -0012) was fully
reclaimed as specified by the adopted reclamation plan; and
Resolution No. 2017 -015 N.C.S. Page 1
WHEREAS, on January 20, 2016, the California Office of Mine Reclamation responded
to the County of Sonoma's December 2, 2015 notice and concurred the Petaluma Quarry (State
Mine Id# 91 -49 -0012) had been substantially reclaimed in accordance with the approved
reclamation plan and, therefore, the County has fulfilled the requirements of California Code of
Regulations §3805.05; and
WHEREAS, upon receiving notice that reclamation of the aforementioned parcels is
now complete, the Planning Commission now recommends the City Council act in compliance
with Condition No. 3(a) of Sonoma County LAFCO Resolution No. 2518 by initiating remaining
annexation proceedings; and
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 November 8, 2016, the Planning Commission held a duly noticed public
hearing, pursuant to Implementing Zoning Ordinance §25.050, to consider the proposed
annexation, at which time all interested parties had the opportunity to be heard; and
WHEREAS, on November 8, 2016 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, on November 8, 2016 and prior to acting on this request, the Planning
Commission considered and recommended approval of a Negative Declaration prepared pursuant
to the California Environmental Quality Act ( "CEQA "); and
WHEREAS, on January 9, 2017, the City Council held a duly noticed public hearing,
pursuant to Implementing Zoning Ordinance §25.050, 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 as follows:
A. That the above recitations are true and correct and material to this Resolution.
B. A resolution of application to the Sonoma County Local Agency Formation
Commission for reorganization of the territory depicted in Exhibit A is in accordance
with the applicable provisions of the California Environmental Quality Act. The City
Council has by separate resolution adopted a Negative Declaration which includes
annexation within the project description, as well as the adoption of CEQA Findings,
as described in Resolution No. 2016 -014 N.C.S.
Resolution No. 2017 -015 N.C.S. Page 2
C. The subject property is within the adopted Sphere of Influence and Urban Growth
Boundary of the City of Petaluma General Plan.
D. The annexation is, for the reasons discussed in the November 8, 2016 Planning
Commission staff report and January 9, 2017 City Council staff report, consistent
with the following Petaluma General Plan policies: Policy 1 -P -1 (Development
Within UGB); Policy 1 -P -2 (Efficient Land Use in UGB); Policy 1 -P -12
(Underutilized Sites); Goal 1 -G -3 (Land Use: Well- Defined Boundary); Policy 1 -P-
29 (Development Within Urban Growth Boundary); Policy 1 -P -30 (Services Within
Urban Growth Boundary); and Policy 1 -P -35 (Growth Within Urban Growth
Boundary).
E. 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 Limit Line, and preservation of County land uses, including residential and
agricultural uses.
F. The City Council has, by Ordinance, pre -zoned the property subject to the annexation
action as follows:
1. The properties located north of Petaluma Blvd South and subject to annexation
are designated Mixed Use by the Petaluma General Plan and the pre- zoning of
those parcels to Mixed Use lA (MUTA) is, pursuant to Implementing Zoning
Ordinance Table 2 -1, considered consistent with the General Plan designation of
Mixed Use; and
2. The properties located south of Petaluma Blvd South and subject to annexation
are designated Medium Density Residential by the Petaluma General Plan and the
pre- zoning of those parcels to Residential 4 (R4) is, pursuant to Implementing
Zoning Ordinance Table 2 -1, considered consistent with the General Plan
designation of Medium Density Residential.
G. The reorganization of territory identified at Exhibit A constitutes an island adhering
to all requirements at Government Code §56375.3.(b), as follows:
1. The territory is less than 150 acres in area, and the territory constitutes the entire
island;
2. The territory constitutes an entire unincorporated island located within the limits
of the City of Petaluma;
3. The territory is substantially surrounded by the City of Petaluma in all directions
as demonstrated by an approximate 50 foot wide sole shared boundary with
Resolution No. 2017 -015 N.C.S. Page 3
unincorporated territory adjacent to Petaluma Boulevard South and immediately
west of U.S. Interstate 101;
4. The territory is substantially developed as evidenced by: (i) the presence of public
utilities services, including but not limited to, water, sewer, stormwater, roadways
at and within Petaluma Boulevard South, McNear Avenue, Nadine Lane, Lena
Lane, Rovina Lane, Jacquelyn Lane, and Crystal Lane;
5. The territory is not primate agricultural land, as defined by Government Code
§56064; and
6. The territory will benefit from the change in organization through the provision of
public safety services (e.g., police, fire).
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council does
hereby adopt the findings hereinabove and adopt a Resolution of Application to the Sonoma
County Local Agency Formation Commission for Reorganization of Territory located along
Petaluma Boulevard South generally between McNear Avenue and U.S. Interstate 101.
Under the power and authority conferred upon this Council by the Charter of said City.
Resolution No. 2017 -015 N.C.S.
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