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HomeMy WebLinkAboutStaff Report 5.B 01/09/2017DATE: January 9, 2017. Agenda Item #58 TO: Honorable Mayor and Members of the City Council through City Manager FROM: Heather Hines, Planning Manager SUBJECT: Adopt Resolutions and Introduce an Ordinance to Carry Out the Remaining Terms of the Pre -Annexation Agreement Related to the Quarry Heights Project and Pertaining to Certain Properties Adjacent to Petaluma Blvd South and Generally East of McNear Avenue and West of US 101. RECOMMENDATION It is recommended that the City Council adopt: a) A resolution adopting a Negative Declaration for the Lomas Annexation Project concerning certain properties adjacent to Petaluma Blvd South and generally east of McNear Avenue and west of U.S. Highway 101; b) A resolution adopting a resolution of application for reorganization of property located along Petaluma Blvd South and generally east of McNear Avenue and west of U.S. Highway 101; and c) Introduce an ordinance pre -zoning APN 019-210-009,-013, -014, -021, -022,-025, -029, -032, -033, -034, -035, -036 to Residential (R4) and APN 019-210-005, -006, -007, -008, -010, -038 and -039 to Mixed Use 1A (MUTA) for the Lomas Annexation concerning parcels adjacent to Petaluma Blvd South and generally east of McNear Avenue and west of U.S. Highway 101. BACKGROUND This boundary change and zoning amendment request are the result of a condition imposed by the Sonoma County Local Agency Formation Commission (Sonoma County LAFCO) on the Quarry Heights development at the intersection of Petaluma Blvd South and Crystal Lane. After orienting readers on the project's location, this background discussion will summarize the relevant past actions that relate to the current request, provide an overview of public outreach efforts, and conclude with the Planning Commission's recommendation. Project Location The project area is situated on both the northern and southern sides of Petaluma Boulevard Page 1 South, generally between MeNear Avenue and the Highway 101 overpass (Figure 1). This area is located within the Petaluma Boulevard South subarea of the Petaluma General Plan which serves as the southern gateway to the City as it is approached from Highway 101. This area presents a working industrial face to the northeast, grassy fields dotted with oaks to the southeast and distant vistas across the Petaluma River and the southeast quadrant of the community to the Sonoma Hills. Many of the existing parcels in this subarea consist of industrial parcels accommodating storage and working yards and residential parcels typically developed with single-family homes. The presence of street frontage improvements, or lack thereof, currently provides a visual indication of properties which are located within the City from those that are within unincorporated areas of the County. The project area is within the "Highway 101 to D Street" portion of the planning subarea, which becomes more urban in character as one approaches downtown. Figure 1— Project Vicinity Tivo-Phase Annexation The area now under review was not annexed with the Quarry Heights project because the portion north of Petaluma Blvd South and east of Crystal Lane was a former surface mine that, at the time of prior approvals (2005-2006), was not yet reclaimed in accordance with the Sonoma County Surface Mining Ordinance and California Surface Mining and Reclamation Act (SMARA). The City of Petaluma has no surface mines subject to SMARA and, as a result, the Page 2 City Council imposed a condition on the Quarry Height subdivision map preventing annexation until reclamation was complete under the jurisdiction of the County of Sonoma and California Office of Mine Reclamation. Table 1 summarizes the past actions leading to the current request. DATE ACTION 2005-06.06 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. (Attachment 4) 2006-06.19 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. (Attachment 5) 2006-08.08 A Pre -Annexation Agreement Regarding Two -Park Annexation and Restrictive Covenants was entered into between the City of Petaluma and South Petaluma Partners LLC and recorded as Document No. 2006097772. (Attachment 6) 2006-10.04 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." (Attachment 7) 2015-12.02 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. 2016-01.20 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. Page 3 General Plan The Petaluma General Plan includes a Land Use Map which establishes categories of land use and development density and intensity. The project area includes properties designated Mixed Use and Medium Density Residential. Public Outreach Notice of the Planning Commission meeting and CEQA document was published on October 6, 2016 (i.e., 31 days before Planning Commission meeting) and disseminated in the Argus Courier and via first class mail to residents and property owners within 500 feet of the annexation area. All property owners located within the annexation area were, in addition to the public hearing notice, also mailed a copy of the CEQA document (discussed below) and a Frequently Asked Questions handout explaining the process underway (Attachment 8). In response to the notice provided, staff has received one email (Attachment 9) expressing support of the proposed annexation. Planning Commission On November 8, 2016, the Planning Commission considered the requests now before the City Council at a noticed public hearing. The Planning Commission approved (4-0) all resolutions presented at that meeting and which reflected the staff recommendation in support of the annexation and pre -zone actions. No specific concerns were raised by the Planning Commission. Two public speakers offered comment — one in support; one in opposition. The speaker in support strongly desired the provision of Petaluma public safety services (police, fire) for his property and also an interest in greater sidewalk connectivity. The speaker in opposition did not want city regulations to apply to her property and also expressed a concern about costs for connecting to city water and sewer. Under City Council Resolution No. 8955 adopted by the City Council in 1980, all existing dwellings in the area must connect to the sanitary sewer system within 10 years of annexation. The Planning Commission's resolutions, staff report and meeting minutes are included as Attachment 10. DISCUSSION The nature of this request is largely housekeeping as it relates to compliance with an already - imposed condition of approval and fulfillment of the terms of an existing agreement between the City and applicant. Only one aspect — the specific mixed use pre -zone designation — required specific analysis and discretion on the part of the Planning Commission and staff in relation to the recommendation. Project Description The project includes the proposed annexation of nineteen (19) parcels, shown at Figure 1, from the County of Sonoma into the City of Petaluma, as required by Sonoma County LAFCO Resolution No. 2518. Attachment 11 includes a brief profile of existing conditions at each property proposed for annexation and pre -zoning. Annexation Sonoma County LAFCO Resolution No. 2518 identifies the affected territory as being within the sphere of influence and voter -approved Urban Growth Boundary (UGB) for the City, as well as Page 4 within the "urban services area" boundary of Petaluma as defined in the Sonoma County General Plan. When reviewing and acting upon the Quarry Heights project, the Sonoma County LAFCO observed that land associated with the project north across Petaluma Blvd South (i.e., subject to the current annexation action) would result in the creation of an unincorporated island. In response, Sonoma County LAFCO approved the annexation but with Condition No. 3(a) which requires the action now up for review. The project would result in the annexation of seven (7) parcels with a mix of uses and twelve (12) parcels with residential uses. The mixed-use parcels are presently used for outdoor storage, maintenance/repair service, and auto vehicle sales and rentals, and with some vacant/undeveloped parcels. The residential parcels primarily consist of single-family residences. A few vacant/undeveloped parcels also occur within the project area. No development is proposed as part of this action. Existing public infrastructure (e.g., water, sewer, roads) would remain in their current state. Pre -Zoning Consistent with the requirements under the Cortese -Knox -Hertzberg Act (Gov't Code §5600 et al), all parcels proposed for annexation must have a proposed "pre -zone" designation. Pre -zoning essentially refers to the preliminary assignment of a future City zoning designation for each parcel that would go into effect in the event annexation is approved by the Sonoma County LAFCO. Proposed pre -zone designations for the annexation area are shown at Figure 3 and include two zones: Mixed Use I (MU TA) and Residential 4 (R4). The zoning designations at Figure 3 were chosen since Table 2-1 of the City of Petaluma Implementing Zoning Ordinance considers them to be designations compatible with existing, underlying General Plan Land Use designations. By assigning a zoning designation to each parcel, a set of allowable uses and development standards would guide all future development and changes within the annexation area. Some existing uses within the project area would be permitted under proposed pre -zone designations while others are prohibited and would be rendered legal non -conforming after annexation meaning they would be grandfathered under existing city regulations until such time as changes are made to uses and/or structures at those properties. Attachment 11 identifies which parcels would be considered to have non -conforming uses after annexation and pre -zoning. For the pre -zone aspect of this project, the Planning Commission recommends the MUTA zone. The Commission agreed with the staff analysis indicating the MU1A zone reflected a range of uses and building height generally compatible with adjacent residential zones. The zones of MU1B and MUlC are intended for different situations and locations (i.e., large shopping centers; isolated, small parcels in west Petaluma). The MU2 zone was not recommended since it generally reflects the intent for a taller, mixed use pattern. For example, the MU2 zone only permits multi -family dwellings in mixed use buildings (above ground floor) and the MUTA requires a conditional use permit for standalone multi -family projects. Page 5 Figure 3: Proposed Pre -zone Designations Environmental Review In accordance with the CEQA, an Initial Study was prepared by staff to address the project's potential effects on the environment (Attachment 12). The Initial Study does not identify any potentially significant environmental effects. Therefore, a Negative Declaration was prepared rather than an Environmental Impact Report (EIR). The Initial Study and Negative Declaration were circulated for a thirty (30) public review period between October 6, 2016 and November 7, 2016. As of the writing of this staff report, no public comments were received on these documents. There are no financial impacts to the City of Petaluma. Under the Pre -Annexation Agreement (Attachment 6), the applicant was required to make a deposit of $250,000 for the processing of this annexation proposal. As of October 2016, a positive balance of $182,038.37 remains. I . Draft Resolution Adopting a Negative Declaration 2. Draft Resolution Supporting Annexation 3. Draft Ordinance Pre -Zoning Cei tain Property 4. City Council Resolution No. 2005-087 N.C.S. 5. City Council Resolution No. 2006-119 N.C.S. 6. Pre -Annexation Agreement 7. Sonoma County LAFCO Resolution No. 2518 8. Property Profiles of Annexation Area 9. November 1, 2016 Email from Jason Osborne 10. November 8, 2016 Planning Commission Resolutions, Staff Report & Minutes 11. Lomas Annexation: Frequently Asked Questions 12. Initial Study and Negative Declaration Page 7 ATTACHMENT 1 RESOLUTION OF THE PETALUMA CITY COUNCIL ADOPTING A NEGATIVE DECLARATION FOR THE LOMAS ANNEXATION PROJECT CONCERNING CERTAIN PROPERTIES ADJACENT TO PETALUMA BLVD SOUTH AND GENERALLY EAST OF MCNEAR AVENUE AND WEST OF US HIGHWAY 101 File No.: 07-ANX-0623 WHEREAS, South Petaluma Partners, L.C.C. submitted an application to Pre -Zone a and Annex a total of nineteen parcels totaling approximately 17.20 acres outside of the City limits but within the Urban Growth Boundary, in a manner consistent with the General Plan Land Use Designation, being referred to locally as the Lomas project area ("Project Area"), as required by Condition No. 3(a) of Sonoma County Local Agency Formation Commission ("Sonoma County LAFCO") Resolution No. 2518; and WHEREAS, the Project is subject to the Petaluma General Plan 2025, adopted by the City on May 19, 2008; and, WHEREAS, in evaluating certain potential environmental effects of the Project in the Initial Study, including but not limited to effects of climate change, water supply, and traffic, the City relied on the Program EIR for the City of Petaluma General Plan 20205, certified on April 7, 2008 (General Plan EIR) with the adoption of Resolution No. 2008-058 N.C.S., which is incorporated herein by reference; and, WHEREAS, the General Plan EIR identified potentially significant environmental impacts and related mitigation measures and the City also adopted a Statement of Overriding Considerations for significant impacts that could not be avoided; and, WHEREAS, the City prepared an Initial Study for the proposed Project consistent with CEQA Guidelines §§15162 and 15163 and determined that a Negative Declaration was required in order to analyze the potential for new or additional significant environmental impacts of the Project beyond those identified in the General Plan EIR; and, WHEREAS, on or before October 6, 2016, the City's Notice of Intent to Adopt a Negative Declaration based on the Initial Study, providing for a 30 -day public comment period commencing October 6, 2016 and ending November 7, 2016 and a Notice of Public Hearing to be held on November 8, 2016 before the City of Petaluma Planning Commission, was published and mailed to all residents and property owners within 500 feet of the Project as well as all persons having requested special notice of said proceedings; and, WHEREAS, the Planning Commission considered the Project, the Negative Declaration, the supporting Initial Study, the staff report dated November 8, 2016 analyzing the Negative Declaration and the Project, and received and considered all written and oral public comments on environmental effects of the Project which were submitted up to and at the time of the public hearing; and WHEREAS, on November 8, 2016, the Planning Commission adopted Resolution No. H Page 1 of 3 2016-22 and, in doing so, forwarded a recommendation that the City Council adopt the Negative Declaration; and WHEREAS, the City Council considered the Project, the Negative Declaration, the supporting Initial Study, the staff report dated January 9, 2017 analyzing the Negative Declaration and the Project, and received and considered all written and oral public comments on environmental effects of the Project which were submitted up to and at the time of the public hearing; and WHEREAS, prior to acting on the Negative Declaration, a Notice of Public Hearing to be held on January 9, 2017 before the Petaluma City Council, was published and mailed to all residents and property owners within 500 feet of the Project as well as all persons having requested special notice of said proceedings; and, WHEREAS, the Initial Study applies the Bay Area Air Quality Management District's (BAAQMD) California Environmental Quality Act - Air Quality Guidelines, May 2012, including the BAAQMD thresholds of significance adopted in June 2010. As lead agency under CEQA, the City of Petaluma has the discretion to rely upon the BAAQMD CEQA Guidelines and thresholds of significance since they include the best available scientific data and most conservative thresholds available for comparison of the Project's emissions. Comparison of the Project's emissions against these thresholds provides a conservative assessment as the basis for a determination of significance; and, WHEREAS, pursuant to further analysis in the Initial Study, including evaluation using the BAAQMD CEQA Guidelines and thresholds of significance, the Project does not make a considerable contribution to a significant cumulative air quality or greenhouse gas emissions impact found to be significant and unavoidable in the General Plan 2025 EIR, because the Project's emissions are below significance thresholds identified; and, WHEREAS, the Negative Declaration reflects the City's independent judgment and analysis of the potential for environmental impacts from the Project; and, WHEREAS, the Negative Declaration, Initial Study and related Project and environmental documents, including the General Plan 2025 EIR and all documents incorporated herein by reference, are available for review in the Community Development Department at Petaluma City Hall, during normal business hours. The custodian of the documents and other materials which constitute the record of proceedings for the proposed project is the City of Petaluma Community Development Department, 11 English St. Petaluma, CA 94952; and WHEREAS, the Initial Study identifies no significant environmental effects to the environment would result from the Project. NOW THEREFORE BE IT RESOLVED by the City Council as follows: A. The foregoing recitals are true and correct and incorporated herein by reference. B. Based on its review of the entire record herein, the City Council makes the following findings: Page 2 of 3 1. 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-G3 (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). 2. Pursuant to the analysis in the Initial Study, the Project does not make a cumulatively considerable contribution to the significant and unavoidable cumulative air, noise and/or traffic impacts identified in the General Plan 2025 EIR. C. Based on its review of the entire record herein, including the Negative Declaration, the Initial Study, all supporting, referenced and incorporated documents and all comments received, the City Council finds that there is no substantial evidence that the Project will have a significant effect on the environment, that the Negative Declaration reflects the City's independent judgment and analysis, and that the Negative Declaration, Initial Study and supporting documents provide an adequate description of the impacts of the Project and comply with CEQA, the State CEQA Guidelines and the City of Petaluma Environmental Guidelines. M Page 3 of 3 ATTACHMENT 2 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 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 a_ I Page 1 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 -XXX N.C.S. 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). 2-a Page 2 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 IA (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 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. Page 3 ATTACHMENT 3 AN ORDINANCE OF THE PETALUMA CITY COUNCIL PRE -ZONING ASSESSORS PARCELS NOS. APN 019-210-009, -013, -014, -021, -022, -025, -029, - 032,-033,-034,-035,-036 TO RESIDENTIAL (R4) AND ASSESSORS PARCEL NOS. 019-210-005,-006,-007,-008,-010,-038 AND -039 TO MIXED USE IA (MUTA) FOR THE LOMAS ANNEXATION CONCERNING PARCELS ADJACENT TO PETALUMA BLVD SOUTH AND GENERALLY EAST OF MCNEAR AVENUE AND WEST OF U.S. HIGHWAY 101 APNs 019-210-010, -038, -039, -005, -006, -007, -008, -009, -013, -014, -021, - 022, -025, -029, -032, -033, -034, -035 and -036 PROJECT 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 -Park 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 WHEREAS, on January 20, 2016, the California Office of Mine Reclamation responded Page 1 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, the City Council has by separate resolution initiated annexation proceedings as required by Condition No. 3(a) of Sonoma County LAFCO adopted Resolution No. 2518; and WHEREAS, pursuant to Section 56375(a)(7) of the Cortese/Knox Local Government Reorganization Act of 1985, all territory proposed for annexation into a city shall be based on the General Plan and pre -zoned; and WHEREAS, pursuant to the Sonoma Local Agency Formation Commission: Policies, Procedures and Guidelines (Revised June 2013), it is the policy of the Sonoma County LAFCO that, "The Executive Officer shall not accept proposals involving annexation to a city for filing unless accompanied by an ordinance or other proof that the city council of the affected city pre- zoned the affected territory pursuant to Government Code §56375"; and WHEREAS, 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 WHEREAS, 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; 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 pre - zoning, 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 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 pre -zoning, at which time all interested parties had the opportunity to be heard; and NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL FO THE CITY OF PETALUMA AS FOLLOWS: Page 2 Section 1: Findings. The City Council approves the pre -zone proposal based on the findings made below: 1. The proposed Zoning Map amendment is, pursuant to Implementing Zoning Ordinance Table 2-1, consistent with the Petaluma General Plan. 2. The project is consistent with the public necessity, convenience, and general welfare in that it enables the future consideration of development in a manner consistent with the Petaluma General Plan. Section 2: Zoning Map. The Zoning Map codified at Chapter 2 of the Implementing Zoning Ordinance is hereby amended, as follows: 1. Assessor's Parcel Numbers 019-210-005, -006, -007, -008, -010, -038 AND -039, located north of Petaluma Blvd South, are assigned a Mixed Use IA (MUTA) designation; and 2. Assessor's Parcel Numbers 019-210-009, -013, -014, -021, -022, -025, -029, -032, -033, -034, -035, -036, located south of Petaluma Blvd South, are assigned a Residential 4 (R4) designation. Section 3: Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this ordinance are severable. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable. Section 4. Effective Date. This ordinance shall become effective thirty (30) days after the date of its adoption by the Petaluma City Council. Section 5. Posting/Publishing of Notice. The City Clerk is hereby directed to post and/or publish this ordinance or a synopsis of it for the period and in the manner required by the City Charter. INTRODUCED and ordered posted/published this day of , 2016. ADOPTED this day of , 2016 by the following vote: 3----S Page 3 ATTACHMENT 4 Resolution No. 2005-087 N.C.S. of the City of Petaluma, California A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PETALUMA SUPPORTING AN APPLICATION TO THE LOCAL AGENCY FORMATION COMMISSION (LAFCO) FOR ASSESSORS PARCEL NUMBERS APN 019-210-010, -011, -026, -038 & -039 AND 019-220-012 & -027; FILE No. 03 -GPA -0560, COMPRISING A 46.8 -ACRE PROJECT AREA KNOWN AS THE LOMAS RESIDENTIAL DEVELOPMENT, LOCATED AT 1500-1600 PETALUMA BOULEVARD SOUTH, PURSUANT TO THE CORTESE/KNOX LOCAL GOVERNMENT REORGANIZATION ACT OF 1985 WHEREAS, after public review and input, the City Council of the City of Petaluma adopted under Resolution No.2005-025 N.C.S., the Negative Declaration for the Lomas Subdivision; and, WHEREAS, in order to implement the project it necessary to annex properties known as Assessor's Parcel Numbers (APN) 019-210-010, -011, -026, -038 & -039 and 019-220-012 & 027. NOW, THEREFORE, BE IT RESOLVED that pursuant to the Municipal Organization Act (Government Code 35000 et. Seq.) the Petaluma City Council hereby supports application to the Local Agency Formation Commission of Sonoma County for a proposed reorganization as follows: An annexation of an approximately 46.8 acres located at 1500-1600 Petaluma Boulevard South, known as assessor's parcel numbers 019-210-010, -011, -026, -038 & -039 and 019-220- 0 12 19-220-012 & -027, to the corporate boundaries of the City of Petaluma; Said territory is comprised of several separate parcels that have been used for quarry and industrial uses, known as the Dutra Quarry or the Petaluma Quarry. BE IT FURTHER RESOLVED that the reasons for the requested organization are: 1. The property is contiguous to the City and is within the adopted Sphere of Influence and General Plan Urban Limit Line of the City of Petaluma. 2. The City has completed an environmental review process for the area, which culminated in the approved Mitigated Negative Declaration. 3. The authorized agent of the owners of said property has initiated said annexation. 4. By Ordinance No. 2211 N.C.S., the City of Petaluma has pre -zoned the affected 46.8 - acres to PUD- Planned Unit District and adopted a unit development plan and development standards for the project. Resolution No. 2005-087 N.C.S. 5. The annexation is consistent with the objectives and policies of the General Plan, as documented in the Ordinance to pre -zone the property and the Resolution approving the Vesting Tentative Parcel Map for the Lomas Subdivision. 6. 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 use including residential and agricultural uses. BE IT FURTHER RESOLVED that the requirements of the California Environmental Quality Act (CEQA) and its Guidelines have been satisfied and thoroughly addressed in the Negative Declaration adopted by City Council Resolution No. 2005-025 N.C.S., on February 15, 2005, and herein incorporated herein by reference. BE IT FURTHER RESOLVED that the City shall conduct an analysis of a larger annexation area as deemed necessary to address concerns regarding the creation of a "county island" - that is, unincorporated territory surrounded by the City - that would result from annexation of the subject property. All costs associated with analysis of a larger annexation area, including conducting a sentiment survey of expanded annexation area, shall. be the responsibility of the project sponsor. The City Clerk is hereby authorized and directed to file a certified copy of this resolution with the Executive Officer of the Sonoma County Local Agency Formation Commission. REFERENCE: AYES: NOES: ABSENT: ATTEST: Under the power and authority conferred upon this Council by the Charter of said City. I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to Council of the City of Petaluma at a (Regular) (Adjourned) (Special) meeting orrn onthe .........6.`h............ day of .....:..Tune ....................................... 20.D5., by the following vote: ••••^• ^ Ci Attorney Canevaro, Vice Mayor Harris, Healy, Nau Mayor Glass, Torliatt N/one, c..C.�C ! ABSTAINED: O'Brien �.,�..... ..... r�. *.. .............. .... ......................................... City Clerk Mayor Council File ................................... Res. No. ....... 2005.087........MCS, [-1 ATTACHMENT 5 Resolution No. 2006-119 N.C.S. of the City of Petaluma, California AUTHORIZING THE CITY MANAGER TO EXECUTE, UPON THE PRIOR APPROVAL AND EXECUTION BY THE COUNTY OF SONOMA, A MEMORANDUM OF UNDERSTANDING WITH THE COUNTY OF SONOMA REGARDING JURISDICTION OVER COMPLIANCE WITH THE PETALUMA QUARRY REVISED RECLAMATION PLAN, AND THEREAFTER TO EXECUTE AN AGREEMENT WITH SOUTH PETALUMA PARTNERS LLC REGARDING A TWO-PART ANNEXATION OF VARIOUS UNINCORPORATED PROPERTIES ALONG AND IN THE VICINITY OF PETALUMA BLVD. SOUTH (APN'S 019-210-010, 019-210-011, 019-220-012 AND 019-220-027,019-210-038 AND 019-210-039, ALSO KNOWN AS THE "LOMAS PROPERTIES" AND APN'S 019-210-005, 006, 007, 008, 009, 013, 014, 021, 022, 025, 029, 032, 033, 034, 035, AND 036, ALSO KNOWN AS THE "CONTIGUOUS PROPERTIES") WHEREAS, the City Council, in June 2005 approved a General Plan Amendment Prezoning and Vesting Tentative Map for the Lomas residential development project on the former site of the Dutra Quarry; and, WHEREAS, the former Dutra Quarry site is subject to a reclamation plan pursuant to the State Mining and Reclamation Act (SMARA) and that the reclamation of the site is under the jurisdiction of the County of Sonoma; and, WHEREAS, pursuant to Condition #64 of the Vesting Tentative Map, the annexation of the affected Lomas properties cannot occur until the reclamation process is complete, unless the City Manager, at his discretion, determines that the annexation may occur before those requirements are satisfied; and, WHEREAS, a Memorandum of Understanding (MOU) between the City of Petaluma and the County of Sonoma has been drafted to allow the annexation of the affected Lomas properties to occur at the discretion of the City Manager prior to the completion of the reclamation process while leaving jurisdiction for compliance with SMARA and the reclamation plan with the County of Sonoma; and, WHEREAS, annexation of the affected Lomas properties would create an unincorporated island of properties; and, WHEREAS, an Agreement has been drafted between the City of Petaluma and South Petaluma Partners LLC to allow annexation of the affected Lomas properties (APN's 019-210- 011, 019-220-012 AND 019-220-027) to proceed upon execution of said Agreement as stage one of a two stage annexation process, and that the second stage, following approval by the Sonoma County Local Agency Formation Commission and completion of all required steps for the annexation of the affected Lomas properties, would include the other unincorporated parcels in the vicinity of the affected Lomas properties and known as the "contiguous properties" (APN'S 019-210-005, 006, 007, 008, 009, 013, 014, 021, 022, 025, 029, 032, 033, 034, 035, AND 036); and, 57-) Resolution No. 200&119 N.C.S. Page 1 WHEREAS, based on evidence in the record, the City Council has determined that it is in the best interests of the public health, safety and welfare to enter into said MOU with the County of Sonoma and to enter into said Agreement with South Petaluma Partners LLC for a two stage annexation. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Petaluma hereby authorizes the City Manager to execute, upon the prior approval and execution by the County of Sonoma, a Memorandum of Understanding with the County of Sonoma Regarding Jurisdiction Over Compliance with the Petaluma Quarry Revised Reclamation Plan, and, thereafter, to Execute an Agreement with South Petaluma Partners LLC Regarding a Two - Part Annexation of Various Unincorporated Properties Along and in the Vicinity of Petaluma Blvd. South (APN's 019-210-010, 019-210-011, 019-220-012 and 019-220-027, 019-210-038 and 019-210-039, also known as the "Lomas Properties" and APN's 019-210-005, 006, 007, 008, 009, 013, 014, 021, 022, 025, 029, 032, 033, 034, 035, and 036, also known as the "Contiguous Properties"). 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 roved as Council of the City of Petaluma at a Regular meeting on the 19`x' day of June, 2006, form: by the following vote: City Attorney AYES: Vice Mayor Canevaro, Harris, Healy, Nau NOES: Torliatt ABSENT: Mayor Glass ABSTAIN: O'Brienb ATTEST: City Clerk ice ayoi• Resolution No. 2006-119 N.C.S. Page 2 RECORDING AEQUE`, '.D BY: and when recorded mail tcs. City of Petaluma 11 English Street Petaluma, CA 94952-2610 Attn: City Clerk Exempt from Recording Fees: Gov't Code §§6103, 27838 ATTACHMENT 6 GOVT AGENCY 08/08/2006 08:06 AGM RECORDING FEE: 0.00 PAID 2006097772 OFFICIAL RECORDS OF SONOMA COUNTY EEVE T. LEWXS PRE -ANNEXATION AGREEMENT REGARDING TWO-PART ANNEXATION AND RESTRICTIVE COVENANTS 1500 AND 1600 Petaluma Boulevard South, APNs 019-210-011, 019-220-012,019-2,2,0-027, 019-210-010,019-210-038,109-210-039 This Agreement is entered into by and between South Petaluma Partners LLC (hereinafter "Developer") and the City of Petaluma (hereinafter "City") on ZjtA 1 2006 RECITALS: 1. Developer is the owner of that certain property located at 1500 and 1600.1'etaluma Boulevard South, Petaluma, CA (hereinafter "Property"). The Property currently consists of several distinct parcels (APNs 019-210-011, 019-220-012, 019-220-027, 019-210010, 019-210-03 8, 109- 210-039) and is located in the unincorporated area of Sonoma County (hereafter "County"). 2. The Propertyis the subject of a development proposal ("Development Proposal") by Developer involving a multi -unit subdivision which will require annexation to City. The City approved a tentative map for the Development Proposal on rune 6, 2005. 3. The Property is the site of an operational rock quarry and is subject to a,Reclamation Plan previously approved by the County. The County is designated the Lead Agency concerning the Reclamation Plan pursuant to the Surface Mining and Reclamation Act (SMARA). Public Resources Code Section 2110. 4. The County has procedures in place pursuant to *its SMARA. ordinance for the supervision and .administration of the Reclamation Plan for the Property. City is not presently required to, and does not have such procedures in place pursuant to State law. City, County and Developer have agreed to enter into aMemorandum of Understanding ("MOU") which would retain County supervision of the Reclamation Plan to completion and closure in the event of annexation of portion of the Property into the City. A true and correct copy of the MOU is Waehed'hereto as Exhibit A hereto and incorporated herein. 5. County's consent to the MOU and County's jurisdiction under Public Resources Code Section 2771 to continue to act as Lead Agency over the Reclamation Plan require that a portion of the Property remain as County territory until closure pursuant to -the Reclamation Plan. Therefore,Developer is J. posing annexation of a portion of the ( perty to the City, APN 019- 210-011, 019-220-012 and 019-220-027 (collectively, the "Southern Parcel", as shown on Exhibit B hereto), 6. Condition No. 64 of City Resolution No. 2005-086 NCS provides in part, "The, City Manager has discretion regarding the timing of annexation relative to reclamation of site being completed. . 7. , City Resolution No. 2005-087 NCS authorizes City -Ito support annexation of the Property, and therefore of the Southern Parcel; 9. The City Manager has determined, in his sound discretion, that adequate legal and financial assurances are contained in the MOU to ensure Developer's completion of the Reclamation Plan; adequate legal assurances are contained in this Agreement to'ensure Developer's obligation to apply for annexation of the -remainder of the Property (APN 019-210-010, 019-210-03 8 and 019-210- 039, collectively "the Northern Parcel) together with any other parcels deemed appropriate by City for inclusion in the second phase of annexation upon the closure of the Reclamation Plan; and proceeding with a two-part phased annexation will mare expeditiously, and without additional cost to City, implement the benefit to City of the development proposals approved by City in its Resolutions 2005-086, 2005-097 and other discretionary actions taken on June 6, 2005; . NOW; THEREFORE, IT IS AGREED that: 1. Annexation bv Citv, Developer will apply to the Local Area Formation Commission ('LAFCO") to process the first phase of the annexation of the Property to City [AP Nos. 019-210- 011, 19-210- 011, 019-220-012 and 019-220-027], (the "Southern Parcel" as per Exhibit B attached hereto). As between City and Developer, the terms and conditions of such. annexation and the land use designations for the annexed parcel shall be the exclusive jurisdiction of City. 2.' Aizreementto Co=lete Annexation. Within thirty (30) days ofthe date onwbich.City receives notice of completion and closure of the Reclamation Plan by the County, Developer agrees to initiate processing of the annexation of such portions of the remaining parcels. of the Property [APN 019-210-010, 019-210-039 and 019-21.0-03 8], and/or any one or more additional contiguous properties determined by City to be appropriate for inclusion in the second phase of this annexation as City may d'esignate. For example, without limiting the foregoing, the City may direct that the second phase of annexation include any one or more contiguous properties and exclude part or all of the Northern Parcel. For purpose of this agreement, "contiguous properties" shall consist of the following properties: APN 019-210-005) 006, 007, 008, 009, 013, 014, 021, 022, 025, 029,032, 033, 034, 035, and 036. 3. Pavment of Costs. Developer will pay all fees, costs and charges for the processing of 'both phases of the annexation -contemplated herein, including the Southern Parcel, the Northern Parcel and 'any contiguous parcels deerried by City to be appropriate for inclusion in the annexation, including but not, limited to environmental review and stafftirrie as requiried by City procedure and/or State law at the time of annexation. As security for payment of these costs, Developer shall deposit with City cash in the M amount of $250,000.00. ` ....could the balance in said account at any vine prior to conclusion of proceedings for both phases of the annexation contemplated herein be reduced to $25,000 or less, Developer agrees within ten days of written notification by City to increase said deposit of funds by an amount sufficient to raise the -balance held by City a minimum of $100,000.00. Any unused portion of said deposit shall be refunded to Developer within thirty (3 0) days after completion of the annexation of the entire property: 4.' MOU a Condition Precedent. Execution of the MOU attached as Exhibit Aby City, County and Developer is a condition precedent to this Agreement taking effect. 5. LAPCO Al)Droval. Developer acknowledges that it has satisfied itself regarding the legal requirements .for annexation of the Property, including those relating to the formation of un - annexed "islands" of unincorporated property. Should LAFCO fail to approve the annexation of the Southern Parcel proposed herein for any reason; City retains all rights to give, withhold or condition, as appropriate in its sound discretion, City's consent to any future application(s) for annexation of the Property, or any portion of it. 6. Indemnification. Developer agrees to defend, indemnify, hold harmless, reimburse and release City, its agents, officers, attorneys, employees, boards and commissions from and against any and all actions, claims, damages, disabilities, liabilities, and expense, including but not limited to attorneys' fees and the cost of litigation incurred in the defense of claims, whether arising from personal injury, property damage or economic loss of any type, that may be asserted by any person or entity, including Developer, arising out of, related to, or in anyway connected with this Agreement and/or the annexations contemplated herein. Developer's obligations hereunder include the obligation to defend, indemnify, hold harmless, reimburse and release the City, its agents, officers; attorneys, employees, boards and commissions from and against any and all claims or actions challenging the Developer's Development Proposal and any claims -or actions challenging any action or decision by the City in reviewing or approving the Developer's Development Proposal. Developer's obligations hereunder shall be applicable and enforceable, whether or not there. is concurrent negligence on the part of the City, but, to the extent required by law, excluding liability due to the sole or active negligence or due to the willful misconduct of City. If there is a possible obligation to indemnify, Developer's duty to defend exists regardless of whether it is ultimately determined that there is not a duty to indemnify. City shall have the right to select its own legal counsel at the expense of the Developer,' subject to Developer's approval, which approval shall not be unreasonably withheld. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages. 7. Obligations Restrictive Covenants, The terms of this Agreement benefit the Property in accordance with California Civil Code Section 1462: Developer agrees that in any transfer of ownership of part or all of the Property, the Developer will ensure that each obligation of the Developer pursuant to this Agreement to the fullest extent permitted by applicable law is made a restrictive covenant for the benefit of the Property runningwith the Property and binding successive owners of any portion of the Property in accordance with California' Civil Code Section 1468. 8, - .Binding on Successors and Assigns. This agreement shall be binding upon, and shall inure to the benefit of the parties -and their successors and assigns. -3- 9. No Third Party Beneficiaries. Nothing in this agreement, whether expressed or implied, is intended to confer any rights or remedies under or by reason of this agreement on any persons other than the parties to it and their respective successors and assigns, nor is anything in this agreement intended to relieve or discharge the obligation or liability of any third persons to any party to this agreement. 10.- Amendments or Modification of Agreement. This agreement maybe amended onlyby a written instrument executed by all parties hereto. 11. Waiver. The -failure of any party to insist on strict compliance v�ith any of the terms, covenants, or conditions of this agreement by another party hereto shall not be deemed a waiver of that term, covenant, or condition, nor shall any waiver or relinquishment of any right or power at any one time or times be deemed a'waiver or relinquishment of that right or power for all or any other times. 12. Execution of Documents. Each party agrees to execute and deliver such additional documents and instruments and to perform such additional acts as. may be necessary or appropriate to effectuate, carry out and perform all of the terms, provisions, and conditions ofthis agreement and the transactions contemplated hereby. 13. Authority to Sign. Each person executing this agreement on behalf of an entity represents that s/he has full power and authority to execute this document. 14. Recorded Release of Agreement. Upon completion of the annexation of the entire Property and expiration of all appeal.periods related -thereto, and satisfaction byDeveloperof all other terms of this agreement, City shall execute and record in the Sonoma County Records a Memorandum of Satisfaction of Pre -Annexation Agreement. SOUTH PETALUMA. PARTNERS LLC APPROVED AS TO -FORM: By: Tames D. Levine �- tle: )Ianag CJ.YY OF PET_ALUMA. - . t J� • V J � �J Y. Title: #816146v4 By: rLS`t Attorney or -South Petaluma rtners LLC APPROVED AS TO FORM: Eric W. Dan Y City Attorney,* City of Petaluma 6_4 16�-�� MEMORANDUM OF UNDERSTANDING , REGARDING JURISDICTION OVER COMPLLkNCE WITH THE PETALUMA REVISED RECLAMATION PLAN * This Memorandum of Understanding is entered into thi4l day of June, -2006, by and between SOUTH PETALUMA PARTNERS, LLC (hereinafter "Developer"), the CITY OF PETALUMA (hereinafter "City") and the COUNTY OF SONOMA (hereinafter "Couiity"). RECITALS: 1, Developer is the owner of a rock quarry located at 1500 and 1600 Petaluma Boulevard South, Petaluma, California (APN's 019-210-010,-011,-038, -039; 019-220-012, -027) (hereinafter"Propetty") which is located in the unincorporated area of the County. The rook quarry site is approximately 46.78 acres. 2. The Property is the subject of a development proposal ("Development Proposal") involving a multi -unit subdivision which will require annexation to the City. The City approved a tentative map for the project on June 6, 2005.. 3. Pursuant to the Surface Mining and Reclamation Act of 1975 (Public Resources Code §2710 et seq.), the Couilty has adopted the Sonoma' County Surface. Mining and - Reolamation'Ordinance (hereinafter "the Mining. Ordinance") which sets forth procedures for reviewing, approving and/or permitting surface mining operations, reclamation plans, and financial assurances in the unincorporated areas of Sonoma County. (Sonoma County Code, Chapter 26A) - , I -4. On or about May -7, 1981, pursuant to the County Nfining Ordinance, the County provided the Developer with a vested rights determination in regard to its quarry operations-. Records indicate that the rock quarry has been operating as far back as 1925. .5. , On or aboift June 19, 1986, a Use Permit and Reclamation Plan were approved by the County to expand the -quarry to adjacent parcels. Quarry operations on the Property ceased in 1993. Certain other related operations continued to operate ;within the quarry' site, including an -aspb4�.Wph.plant, a crushing plant that recycled concrete for base rock ,,and a sand receiving area that provides material to the asphalt -plant. 6. - As soon as reasonably practical after execution of this Memorandum of Understanding, Developer shall file an application with the Local Agency'Fortnation Commission for Sonoma County for atmexation of a portion of its Prqp&rty to the City [AP Nos. 019-2-10-011; 019-220-0-12,-072], (the "SoutheinPatcePas per Exhibit attached hereto). The Southern Parcel is approximately 43.3- acres. A Mitigated Negative Declaration was proparbd in October 2004 and it was certified by the City on or'about February 15, 2005. Exhibit A to the Pre-Annexqtion Agreement 7. In June 2004, Developer submitted an application to the County for approval of a Revised Reclamation Plan. On or about April 7, 2005, the Sonoma County Planning Commission considered the Mitigated Negative Declaration, which was previously certified by the City, and approved the Revised Reclamation Plan. (A true and correct copy. of the Revised Reclamation Plan is attached hereto as Exhibit A and incorporated herein by reference). 8. The City has not adopted a mining ordinance pursuant to SMARA. As a . . consequence, the Southern Parcel.may not be annexed into the City until such time as the City adopts a mining ordinance and has its muting ordinance approved by the California Department of Conservation or unless an agreement is reached whereby the County would continue to retain jurisdiction over compliance with the Revised Reclamation Plan after annexation. 9. The parties desire to provide a mechanism whereby the City would annex the Southern Parcel prior to completion of reclamation pursuant to the Revised Reclamation Plan and the County would continue. to retain jurisdiction over compliance with the Revised Reclamation Plan. 10. Condition No. 64 of City Resolution No. 2.005-086 NCS adopted June 6, 2005 approving a vested tentative map for the Property, provides in part, "The City Manager has discretion regarding the timing of annexation relative to reclamation of site being completed;" 11. . City Resolution No. 2005-087 NCS, adopted June 6, 2005, authorizes City to support annexation of the Property, and therefore of the Southern -Parcel; 12. Proceeding with a two-part phased annexation as outlined in that certain Agreement Regarding Two -Part Annexation - Lomas Subdivision, entered into between Developer and City concurrently with and in reliance on this MOU, will more expeditiously, and without additional cost to City, implement the benefit to City of the development proposals approved by City in its Resolutions 2005-086, 2005-087 and other discretionary actions taken on June 6,2005.- .13. ,2005; .13. ' SMARA permits the County to retain jurisdiction over compliance with the Revised Reclamation Plan after the annexation of the Southern Parcel.. (Public Resources Code Section 2771). NOW, THEREFORE, IT IS AGREED'that: 1. APPROVAL OF ANNEXATION OF SOUTHERN PARCEL A CONDITION PRECEDENT. Approval of the annexation of the Southern Parcel of the Property by 611 appropriate governmental authorities prior to completion of reclamation pursuant to the Revised Reclamation Plan is a condition precedent.to this Agreement taking effect: 2. CONTINUING ADMINISTRATION BY COUNTY. Developer, the City and the County agree that the County will retain jurisdiction over compliance with the Revised Reclamation Plan for the Property through completion of the reclamation in accordance with California -Public Resources Code Section 2771. Developer shall be subject to the County's -2- continued jurisdiction and shall be subject to the terms and conditions of the approved Revised Reclamation Plan in addition to all provisions contained in the County's Mining Ordinance. 3. AUTHORITY VESTED IN CITY. Once the Southern Parcel is annexed into the City, any development plans for the annexed property will be within the jurisdiction of the City and subject to its review and Approval. The County will have no jurisdiction over the Development Proposals, nor shall the County have any responsibility or liability regarding the processing of the Development Proposals. 4. RESPONSIBILITY OF DEVELOPER. Developer shall remain financially responsible for all costs and fees incurred by the County and/or City in regard to this MOU, including without limitation all fees imposed pursuant to the County's Mining Ordinance. 5. SURETY BOND. Developer has posted (and shall continue in fall force .and effect) a bond from a surety satisfactory to the County to ensure faitbful performance of all obligations of the Developer under the Revised Reclamation Plan. The surety bond shall be released by the County once (1) reclamation of the entire Property has been completed to the satisfaction of the County in accordance with all applicable SMARA requirements, (2) the Countyhas determined to its satisfaction that there exist no health or safety hazards. on any portion, of the entire Property, and (3) the California Department of Conservation has inspected the site and has authorized removal of the mine identification number for the entire Property. 6. INDEMNIFICATION OF COUNTY. Developer agrees to defend, indemnify, hold harmless, reimburse and release the County, its agents, officers, attorneys, employees, boards and commissions from and against any and all actions, claims, damages, disabilities, liabilities, and expense, including but not limited to attorneys' fees and the cost of litigation incurred in the defense of claims, whether arising from personal injury, property damage or economic loss of any type, that maybe asserted by any person or entity, including Developer, arising out of, related to, or in anyway connected with this Memorandum of Understanding. Developer's obligations hereunder include the obligation to defend, indemnify, hold harmless, reimburse and release the County, -its agents, officers, attorneys, employees, boards and commissions from and against any and all claims or actions challenging the Developer's Development Proposal and any claims or actions challenging any action or decision by the City in reviewing or approving the Developer's Development Proposal. Developer's obligations hereunder'shall be applicable and enforceable, whether or not there is concurrent negligence on the part of the County, but, to the extent required by law, excluding liability due to the sole or active negligence or due to the willful misconduct of County. If there is a possible obligation to indemnify, Developer's duty to defend exists regardless of whether it is ultimately determined that there is not a duty to indemnify. County shall have the right to select its own legal counsel at the expense of the Developer, subject to Developer's approval, which approval shall not be unreasonably. withheld. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages. 7. INDEMNIFICATION OF CITY. Developer agrees to defend, indemnify, hold harmless, reimburse and release City, its agents, officers, attorneys, employees, boards and commissions from and against any and all.actions, claims, damages, disabilities, liabilities, and -3- D 2S_17� -expense, including but not limited to attorneys' fees and the cost of litigation_ incurred in the defense of claims, whether arising from personal injury, property damage or economic loss of any type, that may be asserted by any person or entity, including Developer, arising out of, related to, or in anyway connected with this Agreement and/or the annexations contemplated herein. Developer's obligations hereunder include the obligation to defend, indemnify, hold harmless, reimburse and release the City, .its agents, officers, attorneys, employees, boards and commissions from and against any and all claims or actions challenging the Developer's Development Proposal and any claims or actions challenging any action or decision by the City in reviewing or approving the Developer's Development Proposal. Developer's obligations hereunder shall be applicable and enforceable, whether or not there is concurrent negligence on the part of the City, but, to the extent required by law, excluding liability due to the sole or active negligence or due to the willful misconduct of City. If there is a possible obligation to indemnify, Developer's duty to defend exists regardless of whether it is ultimately determined that there is not a duty to indemnify. City shall have the right to select its own legal counsel at the expense of the Developer, subject to Developer's approval, which approval shall not be unreasonably withheld. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages. 8. NO ASSIGNMENT WITHOUT PRIOR WRITTEN APPROVAL. Neither party to this .Agreement may assign any of its rights or delegate any of its duties under this Agreement without the prior written approval of the other party. Such approval shall not be unreasonably withheld. .9. BINDING ON SUCCESSORS AND ASSIGNS. This agreement shall be binding upon, and shall inure to the benefit of the parties and their successors and assigns. 10. NO THIRD PARTY BENEFICIARIES. Nothing in this agreement, whether expressed or implied, is intended to confer any rights or remedies -ander or by reason of this agreement on any persons other than the parties to it and their respective successors and assigns, nor is anything in this agreement intended to relieve or discharge the obligation or liability of any third persons to any party to this agreement. 11. AMENDMENTS OR MODIFICATION OF AGREEMENT. This agreement may be amended only by •a written instrument executed by all parties hereto. 12. WAIVER. The failure of any party to insist on strict compliance with any of the terms, covenants, or conditions of this agreement by another party hereto shall not be deemed a waiver of that term, covenant, or condition, nor shall any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other times. 13. EXECUTION OF DOCUMENTS. Each party agrees to execute and deliver such additional documents and instruments and to perform such additional acts as may be necessary or appropriate to effectuate, carry out and perform all of the terms, provisions, and conditions of this agreement and the -transactions contemplated hereby. -4- 9 2,5-%7j, 14. AUTHORITY TO SIGN. Each person executing this agreement on behalf of an entity represents that he has fall power and authority to so execute this document. SOUTH PETALUMA PARTNERS, LLC 4 y: Jahes D. Levine Titl . • Manger CITY OF PETALUMA. By: Michael Bierman Title: City Manager COUNTY OF SONOMA By: Title Ch•k 00" of swo -5- .APPROVED AS. TO FORM: 4�8 e. r�yE, s 'Attorney for South Petaluma Partners, LLC APPROVED AS TO FORM: Eric LDanly City Attorney, City of Petaluma APPROVED AS TO FORM L Gregory T. ion Deputy Couniy Counsel, County of S onoma ^,eo-q1-k ATTACHMENT 7 Resolution No. 2518 575 Administration Drive, Room 104A Santa Rosa, CA 95403 October 4, 2006 RESOLUTION OP THE LOCAL AGENCY FORMATION COMMISSION OF THE COUNTY OF SONOMA, STATE OF CALIFORNIA, MAKING FINDINGS AND DETERMINATIONS, CERTIFYING REVIEW AND CONSIDERATION Or THE INFORMATION CONTAINED IN THE MITIGATED NEGATIVE DECLARATION, AND APPROVING A REORGANIZATION OF TERRITORY DESIGNATED AS; PETALUMA REORGANIZATION NO, 2006.01 (SOUTH PETALUMA PARTNERS LLC) INVOLVING ANNEXATION TO THE CITY OF PETALUMA AND DETACHMENT FROM COUNTY SERVICE AREA NO. 40 (FIRE SERVICES) AND COUNTY SERVICE AREA NO. 41 (MULTI -SERVICES), AND WAIVING PROTEST PROCEEDINGS 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 South Petaluma Partners ("the Applicant") filed Application No. 06-06 ("the Application") with the Executive Officer of the Commission ("the Executive Officer") requesting a reorganization consisting of annexation of the territory designated as Petaluma Reorganization No. 2006-01 (South Petaluma Partners LLC) ("the affected territory") to the City of Petaluma ("the City") and detachment from County Service Area No. 40 (Fire Services) and County Service Area No. 41 (Multi -Services) ("the Proposal"). As part of Application No. 06-06, the Applicant included a plan for providing services ('Plan for Services") within the affected territory. The Application and Plan for Services were submitted to the Executive Officer pursuant to the Cortese -Knox - Hertzberg Local Government Reorganization Act of 2000, Division 3 (commencing with Section 56000) Title 5 of the Government Code ("the Cortese -Knox -Hertzberg Act"). 1.2 Acting as lead agency for the purposes of the California Environmental Quality -Act ("CEQA"), the City adopted a Mitigated Negative Declaration as the environmental document for the Proposal. Based on the City's action, the Executive Officer determined the Commission would comply with CEQA by acting as a responsible agency for the Proposal. 1.3 The Executive Officer reviewed the Proposal and prepared a report on the Proposal, including his recommendation thereon ("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, 1.4 The Commission considered the Proposal, the information contained in the Mitigated Negative Declaration, and the Executive Officer's Report at its meeting on October 4, 2006. The Commission heard and received all relevant oral and written 0 testimony and evidence presented or filed regarding the Proposal and the Mitigated Negative Declaration. -All-interested persons were given the opportunity to hear and be heard, The Commission discussed the Proposal and voted to certify review and consideration of the Mitigated Negative Declaration and to approve the Proposal, as set forth herein. 1.5 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 Mitigated Negative Declaration and the Proposal. 2. CEQA Compliance 2.1 The Commission concurs with the City and the Executive Officer and finds that the City is the lead agency and that the Commission is a responsible agency forthe Proposal for the purposes of CEQA. 2.2 The Commission has reviewed and considered the Information contained in the Mitigated Negative Declaration and has considered the environmental effects of the Proposal, as shown in the Mitigated Negative Declaration, 'prior to reaching its decision on the Proposal, The Commission finds that in doing so, It has fully discharged its responslbll Wes under CEQA for the Proposal. 3. Cortese -Knox -Hertzberg Act Compliance 1 3.1 The Commission has reviewed and considered the information contained in the Mitigated Negative Declaration prior to'reaching Its decision on the Proposal, The Commission has also reviewed and considered the following resolutions, ordinances, and agreements of the City prior to reaching its decision on the Proposal: a. Resolution No. 2005-026 N.C.S., dated February 15, 2005 b. Ordinance No. 2211 N.C.S., dated June 6, 2005 C. Resolution No, 2005-086 N.C.S., dated June 6, 2006 d. Resolution No. 2005-086 N.C.S., dated June 6, 2005 e. Resolution No. 2005-087 N.C.S., dated June 6, 2005 f. Resolution No. 2006-119 N.C.S. dated June 19, 2006 9. Memorandum of Understanding, dated June 27, 2006 h. Pre -Annexation Agreement, dated July 14, 2006 3,2 The affected territory is within the sphere of influence and voter -approved Urban Growth Boundary for the City and within the "urban services area" boundary for the City in the Sonoma County General Plan. Rm No. Vage 2 of 4 October 4, 2006 q..- '?�_ 3.3 The affected territory is contiguous to City boundaries and is consistent with the land -use designation policies of the City's General Plan. The City has determined that it has capacity within its systems to provide needed services. 3.4 The purpose of the Proposal is to allow future development in accordance with densities permitted by the City's General Plan and access to City services. 3.5 The Commission finds that the affected territory is uninhabited. 3.6 The Commission finds that the Proposal is consistent with the intent of the Cortese -Knox -Hertzberg Act and the purpose of the Commission, as expressed in Government Code sections 56001 and 56301. The Commission further finds, therefore, that it is appropriate to approve the Proposal. 'NOW, THEREFORE, based on the foregoing findings and determinations and the record of these proceedings, 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 Commission certifies that It has reviewed and considered the information contained in the Mitigated Negative Declaration. The Executive Officer Is directed to file a notice of determination in accordance with the provisions of CEQA and the State CEQA Guidelines, 3. Subject to the terms and conditions hereinafter specified, the Proposal is approved: a. 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 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, 019-210-032, 019-210-033, 019-210-034, 019-210-035, and 019-210-036 to the City. 4. The Proposal is assigned the following short -form designation: "Petaluma Reorganization No. 2006-01 (South Petaluma Partners)." 5. The boundaries of the affected territory shall be as set forth in the Proposal and as shown in Exhibit "A," attached hereto and incorporated herein by this reference. 6. The regular county assessment roll shall be utilized for the Proposal. 7. The affected territory shall not be taxed for existing bonded indebtedness or contractual obligations. Re:.. Mo. Page 3 of 4 October.4, 2006 a 8. The property tax transfer to the City shall be in accordance with the "Master Tax Exchange Agreement" as described in Sonoma County Board of Supervisors Resolution No. 900270. 9, Since the owners of the affected territory initiated the request for and consent to the reorganization, the Commission shall waive protest proceedings in accordance with provisions of the Cortese -Knox -Hertzberg Act. 10, The Executive Officer is hereby authorized and directed to mail certified copies of this resolution in the manner provided by law. 11. The Clerk of the Commission is designated as the custodian of the documents 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 4t' day of October 2006 and ordered adopted by the following vote: COMMISSIONERS: Allen: Aye Schaffner: Aye Kepolchok: No Kerns Aye Brunton: Aye Bramfitt: Aye Kelley: Aye Ayes: 6 Noes: 1 Abstain: 0 -Absent: 0 WHEREUPON, the Chairman declared the foregoing resolution adopted and SO ORDERED. ATTEST: BY: &A_4� �,- Steven. J. Sharpe, Executive Officer The within in/,strument is a correct copy of the original on file in this office, ATTEST: �l V Clerk Nes. No. Poge ; of,)_ O.•tober 4, 2006 _4 ATTACHMENT 8 Proposed Pre -Zoning and Resulting Land Use Non -Conformities Site Parcel (APN) General Plan Land Proposed Pre - Existing Use Number and Address Use Designation 1 Zoning Storage, 1 019-210-005 Mixed Use MU1A Outdoor 1473 Petaluma Blvd S Storage Yard Maintenance/ 2 019-210-006 Mixed Use MU1A Repair 1475 Petaluma Blvd S Service—Client Site Services Auto Vehicle 3 019-210-007 Mixed Use MU1A Sales and 1501 Petaluma Blvd S Rentals Storage, 4 019-210-008 Mixed Use MU1A Outdoor 1525 Petaluma Blvd S Storage Yard 5 019-210-010 Mixed Use MU1A Vacant/ 1601 Petaluma Blvd S Undeveloped 6 019-210-038 Mixed Use MU1A Vacant/ 1601 Petaluma Blvd S Undeveloped 7 019-210-039 Mixed Use MU1A Vacant/ 1601 Petaluma Blvd S Undeveloped Dwelling, 8 019-210-009 Medium Density R4 Single 2 Rovina Lane Residential Household 9 019-210-036 Medium Density R4 Dwelling, llin , Single 3 Rovina Lane Residential Household Dwelling, 10 019-210-035 Medium Density R4 Single 1450 Petaluma Blvd S Residential Household it 019-210-013 Medium Density R4 Dwelling, llin , Single 1430 Petaluma Blvd S Residential Household 12 019-210-014 Medium Density R4 Dwelling, Single 1420 Petaluma Blvd S Residential Household Dwelling, 13 019-210-022 Medium Density R4 Single 1410 Petaluma Blvd S Residential Household Dwelling, 14 019-210-021 Medium Density R4 Single 1400 Petaluma Blvd S Residential Household Existing Use Permitted? 2 No No No No N/A N/A N/A Yes Yes Yes Yes Yes Yes Yes 15 019-210-033 Medium Density R4 Dwelling, No 149 McNear Avenue Residential Group 019-210-029 16 Medium Density Dwelling, R4 Single Yes 1280 Petaluma Blvd S Residential Household 17 019-210-034 Medium Density R4 Vacant/ N/A 0 McNear Avenue Residential Undeveloped 019-210-025 18 Medium Density Dwelling, R4 Single Yes 55 McNear Avenue Residential Household 19 019-210-032 Medium Density R4 Vacant/ N/A 1340 Petaluma Blvd S Residential Undeveloped 1. City of Petaluma General Plan 2025. 2. If existing use is not permitted under new zoning regulations, the use will acquire a legal non -conforming status which will remain in effect until any future change in use or physical development occurs. Non -conforming situations which may result do not concern environmental effects and are referenced for informational purposes only. �t� Address 11473 Petaluma Boulevard South AP N 1019-210-005 Lot Size 12.59 acres Existing Use I Commercial (Heritage Salvage) Existing General Plan Land Use Designation I Mixed Use (MU) Proposed Zoning Designation I Mixed Use 1A (MU1A) Existing General Plan Land Use Address 11475 Petaluma Boulevard South APN 1019-210-006 Lot Size 11 acre • Use I Commercial (Bruce Enterprises) Existing General Plan Land Use Designation I Mixed Use (MU) Proposed Zoning Designation I Mixed Use 1A (MU1A) NI3 Address 11501 Petaluma Boulevard South APN 1019-210-007 Lot Size 11.55 acres Existing Use I Commercial (Truck Max USA) Existing General Plan Land Use Designation I Mixed Use (MU) Proposed Zoning Designation I Mixed Use 1A (MU1A) Street View (from Petaluma Boulevard South) Address 11525 Redwood South Highway APN 1019-210-008 Lot Size 11 acre Existing Use I Commercial (State of California, Caltrans) Existing General Plan Land Use Designation I Mixed Use (MU) Proposed Zoning Designation I Mixed Use 1A (MU1A) ... .. .... .... E Street View (from Petaluma Boulevard So : uth) 6"0 Address 11601 Petaluma Boulevard South APN 1019-210-010 Lot Size 11.44 acres Existing Use I Vacant/Undeveloped Existing General Plan Land Use Designation I Mixed Use (MU) Proposed Zoning Designation I Mixed Use 1A MU1A) Address 11601 Petaluma Boulevard South APN 1019-210-038 Lot Size 10.28 acres Existing Use I Vacant/Undeveloped Existing General Plan Land Use Designation I Mixed Use (MU) Proposed Zoning Designation I Mixed Use 1A (MU1A) Street View Petaluma Boulevard South Address 11601 Petaluma Boulevard South AN 1019-210-039 Lot Size 11.82 acres Existing Use I Vacant/Undeveloped Existing General Plan Land Use Designation I Mixed Use (MU) Proposed Zoning Designation I Mixed Use 1A (MU1A) Street VlqyiftmWPePetaluma Boulevard South) , Address 12 Rovina Lane APN 1019-210-009 Lot Size 11 acre Existing Use I Residential Existing General Plan Land Use Designation I Medium Density Residential (RM) Proposed Zoning Designation I Residential 4 (R4) Existinq General Plan Land Use Street View (from Rovino Lone) <4 -(c Address 13 Rovina Lane APN 1019-210-036 Lot Size 11 acre Existing Use I Residential Existing General Plan Land Use Designation I Medium Density Residential (RM) Proposed Zoning Designation I Residential 4 (R4) Existing General Plan Land Use Street View (from Rovina Lane) 10 Address 11450 Petaluma Boulevard South APN 1019-210-035 Lot Size 10.86 acres Existing Use I Residential Existing General Plan Land Use Designation I Medium Density Residential (RM) Proposed Zoning Designation I Residential 4 (R4) Existina General Plan Land Use Street View (from private lone) I I Address 11430 Petaluma Boulevard South APN 1019-210-013 Lot Size 10.17 acres Existing Use I Residential Existing General Plan Land Use Designation I Medium Density Residential (RM) Proposed Zoning Designation I Residential 4 (R4) General Plan Land Use 77, Street View (from Petaluma Boulevard Address 11420 Petaluma Boulevard South APN 1019-210-014 Lot Size 10.19 acres Existing Use I Residential Existing General Plan Land Use Designation I Medium Density Residential (RM) Proposed Zoning Designation I Residential 4 (R4) Street View (from Petaluma Boulevard South) W11 Address 11410 Petaluma Boulevard South AN 1019-210-022 Lot Size 10.18 acres Existing Use I Residential Existing General Plan Land Use Designation I Medium Density Residential (RM) Proposed Zoning Designation I Residential 4 (R4) Street View (from Petaluma Boulevard South) mwl� Address 11400 Petaluma Boulevard South APN 1019-210-021 Lot Size 10.11 acres Existing Use I Residential Existing General Plan Land Use Designation I Medium Density Residential (RM) Proposed Zoning Designation I Residential 4 (R4) Address 1149 McNear Avenue APN 1019-210-033 Lot Size 11.80 acres Existing Use I Residential Existing General Plan Land Use Designation I Medium Density Residential (RM) Proposed Zoning Designation I Residential 4 (R4) Address 11280 Petaluma Boulevard South APN 1019-210-029 Lot Size 10.23 acres Existing Use I Residential Existing General Plan Land Use Designation I Medium Density Residential (RM) Proposed Zoning Designation I Residential 4 (R4) Existin General Plan Land Use 'A? '*#UN* Address 10 McNear Avenue APN 1019-210-034 Lot Size 10.09 acres Existing Use I Vacant/Undeveloped Existing General Plan Land Use Designation I Medium Density Residential (RM) Proposed Zoning Designation I Residential 4 (R4) on U18 Address 155 McNear Avenue APN 1019-210-025 Lot Size 10.18 acres Existing Use I Residential Existing General Plan Land Use Designation I Medium Density Residential (RM) Proposed Zoning Designation I Residential 4 (R4) IW7 Address 11340 Petaluma Boulevard South APN 1019-210-032 Lot Size 11.71 acres Existing Use I Vacant/Undeveloped Existing General Plan Land Use Designation I Medium Density Residential (RM) Proposed Zoning Designation I Residential 4 (R4) Existing General Plan Land Use Street View (from Petaluma Boulevard South) ' ►1\_11 '. Colin, Kevin From: Jason Osborne <josborne@osbornepm.com> Sent: Tuesday, November 01, 2016 12:26 PM To: Colin, Kevin Cc: Jason Osborne Subject: Lomas Annexation: Osborne Letter to the Planning Commission - November 8th Hearing Importance: High Follow Up Flag: Follow up Flag Status: Completed Kevin, I am the owner of parcels: 019-210-036, and 019-210-035. My family and I purchased these properties in 2009, and 2012 respectively. I wanted to convey we are 100% in support of the annexation, for one major reason. Public Safety/Response times. Since we have lived here there have been a few instances wherein we needed to contact the Police Department (relating to vandalism at two parcels (019-210-009 / Radio Tower Property), and my property (019-210-035 / 1450 Petaluma Blvd. S) , wherein the Sheriff's department had to respond. Obviously, I was thankful they came, but as they are located all over the County I can only imagine it puts a hardship on them to respond to calls in the Southern most area of Sonoma County. As I have a family, with (3) children, a response time of over 23 minutes is far too long considering we are located in the "middle" of City Limits. In addition to this, there was a fire at the aforementioned fire this summer (019-210-009 / Radio Tower), and although I appreciate all the support from Cal Fire and Marin County Fire, it was not until homes in "City" limits were threatened was the Petaluma Fire Dept able to respond (again, response times in the neighborhood of 20 minutes is far too long, at no fault of the departments, they should not be responsible for this area of the "City"). My point is, I am located directly in the middle of City Limits, with children who attend the same schools as my neighbors, I would request the same response times from both the City Fire Department and City Police Department. The other item I would like to raise is the recent increase in speed limit on Petaluma Blvd, just south of McNear Ave., wherein the speed limit was raised from 35mph, to 40mph, which only seems to speed folks up until they hit the 15 mph roundabout. Petaluma City officers have been nice enough to park in my driveway and issue tickets to those abusing the speed limit, which I appreciate, but now, the speeding is worse, and given the number of driveways along the the boulevard, I would appreciate the speed limit be reduced from a public safety standpoint. I am also hoping the fees from the Quarry Heights project covers proper sidewalks on the South side of the road, from McNear to the new development. I presume because this is County, there has not been funding to improve the road or sidewalks however I am hoping this area can be improved. Also important to mention, this is the gateway to the west side of Petaluma, where thousands of motorists travel on each day. Ultimately. I would like to see the City improve the pedestrian paths North/South to and from town. Once again, thanks for your consideration and I look forward to being part of this City officially. Thank you, Jason & Kate Osborne q—( Osborne & Associates 3 Rovina Lane Petaluma, Ca 94952 [—)- ATTACHMENT 10 RESOLUTION 2016-22 CITY OF PETALUMA PLANNING COMMISSION RECOMMENDING THE CITY COUNCIL ADOPT A NEGATIVE DECLARATION FOR THE LOMAS ANNEXATION PROJECT CONCERNING CERTAIN PROPERTIES ADJACENT TO PETALUMA BLVD SOUTH AND GENERALLY EAST OF MCNEAR AVENUE AND WEST OF US HIGHWAY 101 FILE NO; 07-ANX-0623 WHEREAS, South Petaluma Partners, L.C.C.. submitted an application to Pre -Zone a and Annex a total of nineteen parcels totaling approximately 17.20 acres outside of the City limits but within the Urban Growth Boundary, in a manner consistent with the General Plan Land Use Designation, being referred to locally as the Lomas project area ("Project Area"), as required by Condition No. 3(a) of Sonoma County Local Agency Formation Commission ("Sonoma County LAFCO") Resolution No. 2518; and WHEREAS, the Project is subject to the Petaluma General Plan 2025, adopted by the City on May 19, 2008; and, WHEREAS, in evaluating certain potential environmental effects of the Project in the Initial Study, including but not limited to effects of climate change, water supply, and traffic, the City relied on the Program EIR for the City of Petaluma General Plan 20205, certified on April 7, 2008 (General Plan EIR) with the adoption of Resolution No. 2008-058 N.C.S., which is incorporated herein by reference; and, WHEREAS, the General Plan EIR identified potentially significant environmental impacts and related mitigation measures and the City also adopted a Statement of Overriding Considerations for significant impacts that could not be avoided; and, WHEREAS, the City prepared an Initial Study for the proposed Project consistent with CEQA Guidelines §§ 15162 and 15163 and determined that a Negative Declaration was required in order to analyze the potential for new or additional significant environmental impacts of the Project beyond those identified in the General Plan EIR; and, WHEREAS, on or before October 6, 2016, the City's Notice of Intent to Adopt a Negative Declaration based on the Initial Study, providing for a 30 -day public comment period commencing October 6, 2016 and ending November 7, 2016 and a Notice of Public Hearing to be held on November 8, 2016 before the City of Petaluma Planning Commission, was published and mailed to all residents and property owners within 500 feet of the Project as well as all persons having requested special notice of said proceedings; and, WHEREAS, the Planning Commission considered the Project, the Negative Declaration, the supporting Initial Study, the staff report dated November 8, 2016 analyzing the Negative Declaration and the Project, and received and considered all written and oral public comments on environmental effects of the Project which were submitted up to and at the time of the public hearing; and WHEREAS, on November 8, 2016, the Planning Commission adopted Resolution No. 2016-_ and, in doing so, forwarded a recommendation that the City Council adopt the Negative Declaration; and WHEREAS, the Initial Study applies the Bay Area Air Quality Management District's (BAAQMD) California Environmental Quality Act - Air Quality Guidelines, May 2012, including the BAAQMD thresholds of significance adopted in June 2010. As lead agency under CEQA, the City of Petaluma has the discretion to rely upon the BAAQMD CEQA Guidelines and thresholds of significance since they include the best available scientific data and most conservative thresholds available for comparison of Planning Commission Resolution No. 2016-22 Page 1 to t the Project's emissions. Comparison of the Project's emissions against these thresholds provides a conservative assessment as the basis for a determination of significance; and, WHEREAS, pursuant to further analysis in the Inifial Study, including evaluation using the BAAQMD CEQA Guidelines and thresholds of significance, the Project does not make a considerable contribution to a significant cumulative air quality or greenhouse gas emissions impact found to be significant and unavoidable in the General Plan 2025 EIR, .because the Project's emissions are below significance thresholds identified; and, WHEREAS, the Negative Declaration reflects the City's independent judgment and analysis of the potential for environmental impacts from the Project; and, WHEREAS, the Negative Declaration, Initial Study and related Project and environmental documents, including the General Plan 2025 EIR and all documents incorporated herein by reference, are available for review in the Community Development Department at Petaluma City Hall, during normal business hours. The custodian of the documents and other materials which constitute the record of proceedings for the proposed project is the City of Petaluma Community Development Department, 1 I English St. Petaluma, CA 94952; and WHEREAS, the Initial Study identifies no significant environmental effects to the environment would result from the Project. NOW THEREFORE BE IT RESOLVED by the Planning Commission as follows: A. The foregoing recitals are true and correct and incorporated herein by reference. B. Based on its review of the entire record herein, the Planning Commission makes the following findings: The annexation is, for the reasons discussed in the November 8, 2016 Planning Commission 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-G3 (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). 2. Pursuant to the analysis in the Initial Study, the Project does not make a cumulatively considerable contribution to the significant and unavoidable cumulative air, noise and/or traffic impacts identified in the General Plan 2025 EIR. C. Based on its review of the entire record herein, including the Negative Declaration, the Initial Study, all supporting, referenced and incorporated documents and all comments received, the Planning Commission finds that there is no substantial evidence that the Project will have a significant effect on the environment, that the Negative Declaration reflects the City's independent judgment and analysis, and that the Negative Declaration, Initial Study and supporting documents provide an adequate description of the impacts of the Project and comply with CEQA, the State CEQA Guidelines and the City of Petaluma Environmental Guidelines. Planning Commission Resolution No. 2016-22 Page 2 to -'2_ ADOPTED this 81h day of November, 2016, by the following vote: Commission Member Aye Councilmember King X Benedetti- Petnic X Chair Gomez Lin Vice Chair Marzo X Pierre X Wolpert ATTEST: H d Cher Hines, C `mission Secretary No Absent X X FN APPROVED AS TO FORM: { 7 Eric Danly, City Attorney 1 Planning Commission Resolution No. 2016-22 Abstain Page 3 �� RESOLUTION 2016-23 CITY OF PETALUMA PLANNING COMMISSION RECOMMENDING THE CITY COUNCIL DIRECT THE CITY MANAGER WORK WITH SOUTH PETALUMA PARTNERS LLC TO CARRY OUT THE REMAINING TERMS OF THE PRE -ANNEXATION AGREEMENT BETWEEN SAID PARTIES AS ENUMERATED IN DOCUMENT NO. 200609772 OF THE OFFICIAL RECORDS OF SONOMA COUNTY 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 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 ld# 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 Planning Commission Resolution No. 2016-23 Page 1 10 —4 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 NOW THEREFORE BE IT RESOLVED by the Planning Commission as follows: A. It is recommended that the City Council direct the City Manager to work with South Petaluma Partners LLC to carry out the remaining terms of the Pre -Annexation Agreement between said parties as enumerated in Document No. 200609772 in the Official Records of Sonoma County. B. The subject property is within the adopted Sphere of Influence and Urban Growth Boundary of the City of Petaluma General Plan. C. The annexation is, for the reasons discussed in the November 8, 2016 Planning Commission 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), D. 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. E. The Planning Commission recommends. that, by Ordinance, the City Council pre -zone the following property 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 1 A (MU 1 A) 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. (0-15 Planning Commission Resolution No. 2016-23 Page 2 ADOPTED this 8fh day of November, 2016, by the following vote: Commission Member Aye Councilmember King x Benedetti- Petnic x Chair Gomez Lin Vice Chair Matzo x Pierre x Wolpert ATTEST: H they *Hines, Com OssionSecretary M Absent X X X Vice Chair APPROVED AS TO FORM: Eric Danly, City'Attorney Abstain 10-(0 Planning Commission Resolution No. 2016-23 Page 3 RESOLUTION 2016-24 CITY OF PETALUMA PLANNING COMMISSION RECOMMENDING CITY COUNCIL APPROVAL OF AN AMENDMENT TO THE ZONING MAP OF THE IMPLEMENTING ZONING ORDIANCE TO PREZONE CERTAIN PROPERTIES ADJACENT TO PETLAUMA BLVD SOUTH AND GENERALLY'EAST OF MCNEAR AVENUE AND WEST OF US 101 FILE NO: 07-ANX-0623 WHEREAS, South Petaluma Partners, L.C.C. submitted an application to Pre -Zone and Annex a total of nineteen parcels totaling approximately .17.20 acres outside of the City limits but within the Urban Growth Boundary, in a manner consistent with the General Plan Land Use Designation, being referred to locally as the Lomas project area ("Project Area"), as required by Condition No. 3(a) of Sonoma County Local Agency Formation Commission ("Sonoma County LAFCO") Resolution No. 2518; WHEREAS, 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 1 A (MU 1 A) is, pursuant to Implementing Zoning Ordinance Table 2-1, considered consistent with the General Plan designation of Mixed Use; and WHEREAS, 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; 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 pre -zone proposal, 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 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 NOW THEREFORE BE IT RESOLVED that the.Planning Commission as follows: A. The proposed pre -zone is, for the reasons discussed in the November 8, 2016 Planning Commission 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-G3 (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). Planning Commission Resoluiion No. 2016-24 Page 1 B. Pursuant to Implementing Zoning Ordinance §25.050, the Planning Commission recommends that the City Council adopt the proposed amendment to the Zoning Map, attached hereto as Exhibit Lbased on the following findings: 1. The proposed Zoning Map amendment is, pursuant to Implementing Zoning Ordinance Table 2-1, consistent with the Petaluma General Plan. 2. The project is consistent with the public necessity, convenience, and general welfare in that it enables the future consideration of development in a manner consistent with the Petaluma General Plan. ADOPTED this 8th day of November, 2016, by the following vote: Commission Member Aye No Absent Councilmember King x Benedetti- Petnic x Chair Gomez x Lin x Vice Chair Matzo I x Pierre I x Wolpert f x ATTEST: H ether Hines, Co mission Secretary APPROVED AS TO FORM: Eric Danly, City Attorney Abstain M. Planning Commission Resolution No. 2016-24 Page 2 Exhibit 1 PRE -ZONING ASSESSORS PARCELS NOS. APN 019-210-009,-013,-014,-021, - 022, -025, -029, -032, -033, -034, -035, -036 TO RESIDENTIAL (R4) AND ASSESSORS PARCEL NOS. 019-210-005, -006, -007, -008, -010, -038 AND -039 TO MIXED USE 1A (MUTA) FOR THE LOMAS ANNEXATION CONCERNING PARCELS ADJACENT TO PETALUMA BLVD SOUTH BETWEEN MCNEAR AVENUE AND CRYSTAL LANE APNs 019-210-010, -038, -039, -005, -006, -007, -008, -009, -013, -014, -021, - 022, -025, -029, -032, -033, -034, -035 and -036 PROJECT 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 -Park 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 fall, "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 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 to _11 Planning Commission Resolution No. 2016-24 Page 3 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, the City Council -has by separate resolution initiated annexation proceedings as required by Condition No. 3(a) of Sonoma County LAFCO adopted Resolution No. 2518; and WHEREAS, pursuant to Section 56375(a)(7) of the Cortese/Knox Local Government Reorganization Act of 1985, all territory proposed for annexation into a city shall be based on the General Plan and pre -zoned; and WHEREAS, pursuant to the Sonoma Local Agency Formation Commission: Policies, Procedures and Guidelines (Revised June 2013), it is the policy of the Sonoma County LAFCO that, "The Executive Officer shall not accept proposals involving annexation to a city for filing unless accompanied by an ordinance or other proof that the city council of the affected city pre- zoned the affected territory pursuant to Government Code §56375"; and WHEREAS, 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 I (MU TA) is, pursuant to Implementing Zoning Ordinance Table 2-1, considered consistent with the General Plan designation of Mixed Use; and WHEREAS, 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; and WHEREAS, on November 8, 2016, thQ Planning Connlmission held a duly noticed public hearing, pursuant to Implementing Zoning Ordinance §25.050, to consider the proposed pre - zoning, 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 Plamning Commission considered staff report analyzing the application, including the California Enviromnental Quality Act (CEQA) determination therein; and WHEREAS, on November 8, 2016 and prior to acting on this request, the Plarining Commission considered and recommended approval of a Negative Declaration prepared pursuant to the California Environmental Quality Act ("CEQA"); and NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL FO THE CITY OF PETALUMA AS FOLLOWS: Section 1: Findings. The City Council approves the pre -zone proposal based on the findings made below: 1. The proposed Zoning Map amendment is, pursuant to Implementing Zoning Planning Commission Resolution No. 2016-24 Page 4 10-1c) Ordinance Table 2-1, consistent with the Petaluma General Plan. 2. The project is consistent with the public necessity, convenience, and general welfare in that it enables the future consideration of development in a manner consistent with the Petaluma General Plan. Section 2: Zoning Map, The Zoning Map codified at Chapter 2 of the Implementing Zoning Ordinance is hereby amended, as follows; 1. Assessor's Parcel Numbers 019-210-005, -006, -007, -008, -010, -038 AND -039, located north of Petaluma Blvd South, are assigned a Mixed Use I (MUTA) designation; and 2. Assessor's Parcel Numbers 019-210-009, -013, -014, -021, -022, -025, -029, -032, -033, -034, -035, -036, located south of Petaluma Blvd South, are assigned a Residential 4 (R4) designation. Section 3: Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in frill force and effect. To this end, provisions of this ordinance are severable. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or please hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or pleases be held unconstitutional, invalid, or unenforceable. Section 4. Effective Date. This ordinance shall become effective thirty (30) days after the date of its adoption by the Petaluma City Council. Section 5. Posting/Publishing of Notice. The City Clerk is hereby directed to post and/or publish this ordinance or a synopsis of it for the period and in the manner required by the City Charter. INTRODUCED and ordered posted/published this _ day of , 2016. ADOPTED this day of , 2016 by the following vote; Planning Commission Resolution No. 2016-24 Page 5 DATE: November 8, 2016 AGENDA ITEM NO. 9.A TO: Planning Commission FROM: Kevin Colin, Deputy Planning Manager REVIEWED BY: Heather Hines, Planning Manager SUBJECT: LOMAS ANNEXATION PROJECT Various Parcels Adjacent to Petaluma Blvd South between McNear Avenue and Crystal Lane File #07-ANX-0623 RECOMMENDATION It is recommended that the Planning Commission: • Adopt a resolution recommending the City Council approve a Negative Declaration prepared pursuant to the California Environmental Quality Act (CEQA) (Attachment A); Adopt a resolution recommending the City Council support annexation of APNs 019- 210-010, -038, -039, -005, -006, -007, -008, -009, -013, -014, -021, -022, -025, -029, - 032, -033, -034, -035 and -036 into the City of Petaluma as well as that portion of Petaluma Blvd South located south of APN 019-210-005 and not within the City Limits (Attachment B); and • Adopt a resolution recommending City Council adopt an ordinance to amend the official zoning map of the City of Petaluma by pre -zoning APN 019-210-009, -013, -014, -021, - 022, -025, -029, -032, -033, -034, -035, -036 to Residential (R4) and APN 019-210-005, - 006, -007, -008, -010, -038 and -039 to Mixed Use lA (MU1A) (Attachment C). BACKGROUND This boundary change and zoning amendment request are the result of a condition imposed by the Sonoma County Local Agency Formation Commission (Sonoma County LAFCO) on the Quarry Heights development at the intersection of Petaluma Blvd South and Crystal Lane. After orienting readers on the project's location this background discussion will summarize the relevant past actions that relate to the current request as well as pertinent General Plan policies. Proiect Location The project area is situated on both the northern and southern sides of Petaluma Boulevard South, generally between McNear Avenue and the Highway 101 overpass (Figure 1). This area is located within the Petaluma Boulevard South subarea of the Petaluma General Plan which Page 1 to - I2 serves as the southern gateway to the City as it is approached from Highway 101. This area presents a working industrial face to the northeast, grassy fields dotted with oaks to the southeast and distant vistas across the Petaluma River and the southeast quadrant of the community to the Sonoma Hills. Many of the existing parcels in this subarea consist of industrial parcels accommodating storage and working yards and residential parcels typically developed with single-family homes. The presence of street frontage improvements, or lack thereof, currently provides a visual indication of properties which are located within the City from those that are within unincorporated areas of the County. The project area is within the "Highway 101 to D Street" portion of the planning subarea, which becomes more urban in character as one approaches downtown. Figure 1— Project Vicinity Two -Phase Annexation The area now under review was not annexed with the Quarry Heights project because the portion south of Petalm-na Blvd South and east of Crystal Lane was a former surface mine that, at the time of prior approvals (2005-2006), was not yet reclaimed in accordance with the Sonoma County Surface Mining Ordinance and California Surface Mining and Reclamation Act (SMARA). The City of Petaluma has no surface mines subject to SMARA and, as a result, the City Council imposed a condition on the Quarry Height subdivision map preventing annexation under reclamation was complete under the jurisdiction of the County of Sonoma and California Office of Mine Reclamation. Table 1 summarizes the past actions leading to the current request. Page 2 Io -t3 TABLE 1— SUMMARY OF PAST ACTIONS RELATED TO ANNEXATION DATE ACTION 2005-06.06 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. (Attachment D) 2006-06.19 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. (Attachment E) 2006-08.08 A Pre -Annexation Agreement Regarding Two -Park Annexation and Restrictive Covenants was entered into between the City of Petaluma and South Petaluma Partners LLC and recorded as Document No. 2006097772. (Attachment F) 2006-10.04 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." (Attachment G) 2015-12.02 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# 9149-0012) was fully reclaimed as specified by the adopted reclamation plan. 2016-01.20 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. General Plan The Petaluma General Plan includes a Land Use Map which establishes categories of land use and development density and intensity. As shown at Figure 2 below, the project area includes properties designated Mixed Use and Medium Density Residential. Page 3 10-1` PROPOSED LOMAS ANNEXATION I EXISTING GENERAL PLAN LAND USE (CITY) Figure 2: General Plan Land Use Map at Project Area. PROJECT DESCRIPTION The project includes the proposed annexation of nineteen (19) parcels from the Coimty of Sonoma into the City of Petaluma, as required by Sonoma County LAFCO Resolution No. 2518. A list of these parcels and their associated Assessor's Parcel N-Lunber {APRT), address, and lot size are listed in Table I below. Attachment H includes a brief profile of existing conditions at each property proposed for annexation and pre -zoning. Annexation LAFCO Resolution No. 2518 identifies the affected territory as being within the sphere of influence and voter -approved Urban Growth Boundary (UGB) for the City, as well as within the "urban services area" boundary of Petal -Luna as defined in the Sonoma County General Plan. The project would result in the annexation of seven (7) parcels with a mix of uses and twelve (12) parcels with residential uses. The mixed-use parcels are presently used for outdoor storage, maintenance/repair service, and auto vehicle sales and rentals, and with some vacant/undeveloped parcels. The residential parcels primarily consist of single-family residences. A few vacant/undeveloped parcels also occur within the project area. No development is proposed as part of the project. Existing public infrastructure (e.g., water, sewer, roads) would remain in their current state. Page 4 eau164dRo V PETALUMA BLVD SOUTH Z Mixed Use (MU) Public/Semi-Public (P/SP) NADINE IN Z Park Open Space (OS) -:--.Low Density Residential (RQ Z Z Med iurn Density Residential (RM) MISSION DR L- sc. Dive rse Low Density Residential (R DIV LOW) A Figure 2: General Plan Land Use Map at Project Area. PROJECT DESCRIPTION The project includes the proposed annexation of nineteen (19) parcels from the Coimty of Sonoma into the City of Petaluma, as required by Sonoma County LAFCO Resolution No. 2518. A list of these parcels and their associated Assessor's Parcel N-Lunber {APRT), address, and lot size are listed in Table I below. Attachment H includes a brief profile of existing conditions at each property proposed for annexation and pre -zoning. Annexation LAFCO Resolution No. 2518 identifies the affected territory as being within the sphere of influence and voter -approved Urban Growth Boundary (UGB) for the City, as well as within the "urban services area" boundary of Petal -Luna as defined in the Sonoma County General Plan. The project would result in the annexation of seven (7) parcels with a mix of uses and twelve (12) parcels with residential uses. The mixed-use parcels are presently used for outdoor storage, maintenance/repair service, and auto vehicle sales and rentals, and with some vacant/undeveloped parcels. The residential parcels primarily consist of single-family residences. A few vacant/undeveloped parcels also occur within the project area. No development is proposed as part of the project. Existing public infrastructure (e.g., water, sewer, roads) would remain in their current state. Page 4 TABLE 2: LOMAS ANNEXATION AREA PARCELS SITE # PARCEL (APN) ADDRESS LOT SIZE (ACREAGE 1 019-210-005 1473 Petaluma Boulevard South 2.59 2 019-210-006 1475 Petaluma Boulevard South 1.00 3 019-210-007 1501 Petaluma Boulevard South 1.55 4 019-210-008 1525 Redwood South Highway 1.00 5 019-210-010 1601 Petaluma Boulevard South 1.44 6 019-210-038 1601 Petaluma Boulevard South 0.28 7 019-210-039 1601 Petaluma Boulevard South 1.82 8 019-210-009 2 Rovina Lane 1.00 9 019-210-036 3 Rovina Lane 1.00 10 019-210-035 1450 Petaluma Boulevard South 0.86 11 019-210-013 1430 Petaluma Boulevard South 0.17 12 019-210-014 1420 Petaluma Boulevard South 0.19 13 019-210-022 1410 Petaluma Boulevard South 0.18 14 019-210-021 1400 Petaluma Boulevard South 0.11 15 019-210-033 149 McNear Avenue 1.80 16 019-210-029 1280 Petaluma Boulevard South 0.23 17 019-210-034 0 McNear Avenue 0.09 18 019-210-025 55 McNear Avenue 0.18 19 019-210-032 1340 Petaluma Boulevard South 1.71 TOTAL ACREAGE 17.20 Pre-Zonmv Consistent with the requirements under the Cortese -Knox -Hertzberg Act (Gov't Code §5600 et al), all parcels proposed for annexation must have a proposed "pre -zone" designation. Pre -zoning essentially refers to the preliminary assignment of a future City zoning designation for each parcel that would go into effect in the event annexation is approved by the Sonoma County LAFCO. Proposed pre -zone designations for the annexation area are shown at Figure 4 below and include two zones: Mixed Use IA (MUTA) and Residential 4 (R4). The zoning designations at Figure 3 were chosen since Table 2-1 of the City of Petaluma Implementing Zoning Ordinance considers them to be designations compatible with existing, underlying General Plan Land Use designations. By assigning a zoning designation to each parcel, a set of allowable uses and development standards would guide all future development and changes within the annexation area. Some existing uses within the project area would be permitted under proposed pre -zone designations while others are prohibited and would be rendered legal non -conforming after annexation. Attachment H identifies which parcels would be considered to have non -conforming uses after annexation and pre -zoning. Page 5 Figure 3: Proposed Pre -zone Designations The nature of this request is largely housingkeeping as it relates to compliance with an already - imposed condition of approval and fulfillment of the terms of an existing agreement between the City and applicant. Only one aspect — the specific mixed use pre -zone designation — required specific analysis and discretion on the part of staff in relation to the recommendation. Before addressing the rationale for choosing the NWIA designation, this section will discuss the policy basis upon which the annexation requirement is based and supported by the Petaluma General Plan. Cortese -Knox -Hertzberg Act (Gov't Code 0600 et al) Local agency formation commissions were created by state law in 1963 to encourage the orderly formation of local government agencies, to preserve agricultural and open space land, and to discourage urban sprawl. Sonoma LAFCO has jurisdiction over changes in local government organization occurring within Sonoma County. Proceedings for changes of organization of special districts or cities are subject to LAFCO review, pursuant to the Cortese -Knox -Hertzberg Local Government Reorganization Act of 2000 (Government Code Section 56000, et seq.). With respect to this request, a change in organization includes annexation to the City of Petaluma. Amongst the many policies of the Cortese -Knox -Hertzberg Act, those relating to orderly growth Page 6 10-T17 PUD MY1A PUD ",a,14V 50 V,1140 PETALUMA BLVD SOUTH CF P4 CF PUD PUD PUD PUD NADINE LN R2 PUD PUD 1111k-11 PUD PUD MISSION DR PUD 0 125 2,0 Feet 0 Figure 3: Proposed Pre -zone Designations The nature of this request is largely housingkeeping as it relates to compliance with an already - imposed condition of approval and fulfillment of the terms of an existing agreement between the City and applicant. Only one aspect — the specific mixed use pre -zone designation — required specific analysis and discretion on the part of staff in relation to the recommendation. Before addressing the rationale for choosing the NWIA designation, this section will discuss the policy basis upon which the annexation requirement is based and supported by the Petaluma General Plan. Cortese -Knox -Hertzberg Act (Gov't Code 0600 et al) Local agency formation commissions were created by state law in 1963 to encourage the orderly formation of local government agencies, to preserve agricultural and open space land, and to discourage urban sprawl. Sonoma LAFCO has jurisdiction over changes in local government organization occurring within Sonoma County. Proceedings for changes of organization of special districts or cities are subject to LAFCO review, pursuant to the Cortese -Knox -Hertzberg Local Government Reorganization Act of 2000 (Government Code Section 56000, et seq.). With respect to this request, a change in organization includes annexation to the City of Petaluma. Amongst the many policies of the Cortese -Knox -Hertzberg Act, those relating to orderly growth Page 6 10-T17 are relevant to the current request. More specifically, those pertaining to unincorporated islands are the focus of review and state, with respect to this request, that the creation of islands of unincorporated territory via annexation is prohibited. When reviewing and acting upon the Quarry Heights project, the Sonoma County LAFCO observed that land associated with the project north across Petaluma Blvd South would result in the creation of an unincorporated island. In response, 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 requires the action now up for review. General Plan The area subject to the current annexation and pre -zone request is located within the General Plan's Urban Growth Boundary and provided land use designations, as illustrated at Figure 2 above and described in Table 3. TABLE 3; GENERAL PLAN LAND USE DESIGNATIONS IN PROJECT AREA LAND USE DESIGNATION DESCRIPTION Medium Density Residential This classification provides for a variety of dwelling types, including single-family and multi -family housing. (8.1 to 18.0 units per acre) Under a discretionary review process opportunities to blend live -work or limited commercial/office uses within a residential development may be permitted when abutting an arterial roadway. Mixed Use This classification requires a robust combination of uses, (2.5 maximum FAR) including retail, residential, service commercial, and/or offices. Development is oriented toward the pedestrian, (30 units per acre) with parking provided, to the extent possible, in larger common areas or garages. Maximum FAR including both residential and non-residential uses is 2.5, and maximum residential density is 30 d.u./acre. The following General Plan policies below apply to and support the current request. Policy 1-P-1 Promote a range of land uses at densities and intensities to serve the community needs within the Urban Growth Boundary (UGB). Policy 1-P-2 Use land efficiently by promoting infill development, at equal or higher density and intensity than surrounding uses. Policy 1-P-12 Encourage reuse of under-utilized sites along East Washington Street and Petaluma Boulevard as multi -use residential/commercial corridors, allowing ground -floor retail and residential and/or commercial/office uses on upper floors. Page 7 Goal 1-G-3 Encourage innovative site and building design to address parking solutions such as shared, structured, and/or underground facilities. Policyl-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-30 No urban development beyond the Urban Growth Boundary shall be served by City services except for (1) extensions to residential dwellings in existence or approved for construction on parcels created on or before December 5, 1983; (2) extensions required pursuant to the terms of a service contract in effect as of July 20, 1998; (3) extensions to remedy a clear health hazard to residential dwellings in existence or approved for construction on parcels created on or before July 20, 1998 where there is no reasonable alternative means to remedy that health hazard; (4) extensions to open space and park uses; (5) expansion of service to public and quasi -public uses existing as of July 20, 1998; and (6) extraordinary circumstances pursuant to applicable General Plan policies. (In relevant part) 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. Implementing Zoning Ordinance Table 2-1 of the Implementing Zoning Ordinance provides a list of established zones and identifies which are considered compatible with particular General Plan designations. For the General Plan designation of Medium Density Residential, the only compatible zoning is Residential 4 (R4). For the General Plan designation of Mixed Use, however, four variations of the Mixed Use zone (i.e., MUlA, MU1B, MU1C, and MU2) are potentially compatible. A description of each mixed use zoning district is provided at Table 4 below. For each MU1 subcategory (i.e., A, B, C), IZO Table 4.3 provides a different range of pennitted land uses with the same development standards (e.g., building height, setbacks, etc.) applying to all. Attachment I consist of IZO Table 4.3 (Allowed Uses and Pen -nit Requirements for Mixed Use Zones) and Table 4.10 (MUl and MU2 Zone Development Standards). Many of the differences in permitted use types are nuanced and best reviewed at Attachment I where they are identified. Also, while many of the MUl and MU2 development standards are the same, one key difference is the increased height permitted in the MU2 district (i.e., 45 feet compared to 30 feet in MU I). Page 8 TABLE 4: POTENTIAL M XED-USE ZONES ZONING DISTRICT DESCRIPTION Mixed Use 1 The MU1 zone is applied to areas intended for pedestrian -oriented, mixed- use development with ground -floor retail or office uses adjacent to the Downtown Core, and in other areas of the city where existing auto -oriented commercial areas are intended for improvement into pedestrian -oriented mixed use development. The MUl zone is consistent with and implements the Mixed Use land use classification of the General Plan, which establishes a maximum floor area ratio of 2.5 for both residential and non-residential uses within the classification, and a maximum density of 30 units per acre for residential. • Mixed Use IA zone. This zone is applied to parcels located along corridors such as East Washington Street, Petaluma Boulevard North, Bodega Avenue and Lakeville Street. The parcels in these zones vary in size and are typically located adjacent to residential zones. • Mixed Use 1B zone. This zone is applied to larger parcels located primarily along major arterial roadways. The larger parcel size should allow for a mix of uses on the site. • Mixed Use 1C zone. This zone is applied to smaller parcels located in West Petaluma. Most of these parcels are located in residential areas and the intensity of the uses permitted in this zone is limited. Mixed Use 2 The MU2 zone is applied to the Petaluma Downtown and adjacent areas that are intended to evolve into the same physical form and character of development as that in the historic downtown area. The MU2 zone is consistent with and implements the Mixed Use land use classification of the General Plan, which establishes a maximum floor area ratio of 2.5 for both residential and non-residential uses within the classification, and a maximum density of 30 units per acre for residential. For the pre -zone aspect of this project, staff recommends the MUlA zone since, as mentioned in its description, it reflects a range of uses and building height generally compatible with adjacent residential zones. The zones of MU1B and MU1C are intended for different situations and locations (i.e., large shopping centers; isolated, small parcels in west Petaluma). The MU2 zone is not recommended since it generally reflects the intent for a taller, mixed use pattern. For example, the MU2 zone only permits multi -family dwellings in mixed use buildings (above ground floor) and the MUlA requires a conditional use permit for standalone multi -family projects. Next Steps Following the City Council's consideration of the proposed annexation, the applicant, in collaboration with the City will submit an application to The Sonoma County Local Agency Formation Commission (LAFCO). Ultimate approval of the proposed annexation is at the Page 9 W-2-0 discretion of LAFCO. Based on discussions with LAFCO staff, they are strongly supportive of the City complying with the previously imposed condition requiring annexation. PUBLIC COMMENT A notice of public hearing was published in the Argus Courier on October 6, 2016 and notices were mailed to residents and property owners within 500 feet of the subject property. All property owners located within the annexation area were, in addition to the public hearing notice, also mailed a copy of the CEQA document (discussed below) and a Frequently Asked Questions handout explaining the process underway (see Attachment J). As of the writing of this staff report, staff has received phone call inquiries but no written public comments. ENVIRONMENTAL REVIEW In accordance with the CEQA, an Initial Study was prepared by staff to address the project's potential effects on the environment (Attachment K). The Initial Study does not identify any potentially significant environmental effects. Therefore, a Negative Declaration was prepared rather than an Environmental Impact Report (EIR). The Initial Study and Negative Declaration were circulated for a thirty (30) public review period between October 6, 2016 and November 7, 2016. As of the writing of this staff report, no public comments were received on these documents. ATTACHMENTS A. Draft Resolution Recommending Adoption of Negative Declaration B. Draft Resolution Recommending Annexation C. Draft Resolution Recommending Pre -Zoning D. City Council Resolution No. 2005-087 N.C.S. E. City Council Resolution No. 2006-119 N.C.S. F. Pre -Annexation Agreement G. Sonoma County LAFCO Resolution No. 2518 H. Property Profiles of Annexation Area L Mixed Use Zones: Allowed Uses and Permit Requirements J. Lomas Annexation: Frequently Asked Questions K. Initial Study and Negative Declaration Page 10 1 tn--D-L Joint HCPC and Planning Commission Meeting of November 8, 2016 City of Petaluma, CA City Council Chambers y City Hall, 11 English Street Petaluma, CA 94952 Telephone 707/778-4301 / Fax 707/778-4498 E -Mail cdd@ci.petaluma.ca.us Web Page http://www.ci.petaluma.ca.us Joint HCPC and Planning Commission Minutes Tuesday, November 8, 2016 – 07:00 PM Regular Meeting FINAL MINUTES 1. CALL TO ORDER (7:OOPM) Meeting called to order at 7:00 pm. Vice Chair Marzo 2. ROLL CALL PRESENT: Benedetti-Petnic, Pierre, Marzo, King, and Perlis. ABSENT: Gomez, Wolpert, Lin, and Schlich. Page 1 3. PUBLIC COMMENT The Commission will hear public comments only on matters over which it has jurisdiction. There will be no Committee/Commission discussion or action. The Chair will allot no more than three minutes to any individual. If more than three persons wish to speak, their time will be allotted so that the total amount of time allocated to this agenda item will be 15 minutes. 4. COMMITTEE COMMENT A. Council Liaison – Dave King Council Member King reported that on November 14th, there will be a workshop on ground water and water rates where no action will be taken but direction will be given to City staff. At the November 7th meeting, Council heard the Lakeville PCD project and decided to allow the fitness use solely for lots 20 and 21 and not allow a zoning change for the entire district. B. Pedestrian and Bicycle Committee – Richard Marzo Vice Chair Marzo had nothing to report since the Committee has not met. I c) - 2'—) Joint HCPC and Planning Commission Meeting of November 8, 2016 Page 2 C. Tree Advisory Committee — Gina Benedetti-Petnic Commissioner Benedetti-Petnic had nothing to report since the Committee has not met. D. Other Committee Comment S. STAFF COMMENT A. Planning Manager's Report Planning Manager, Heather Hines, noted that the Lakeville PCD proposal that was heard by City Council was for fitness facilities as a minor use permit in the entire PCD. The applicant and property owner signed a letter asking to allow the use only for lots 20 and 21 which the Council approved. Ms. Hines reminded the Commission that the second meeting in November has been changed from November 20th to the 29th due to the Thanksgiving holiday. Vice Chair Marzo 6. APPROVAL OF MINUTES A. Approval of Minutes of joint Planning Commission/HCPC Meeting of Tuesday, October 25, 2016. Vice Chair Marzo Ms. Hines The October 25, 2016 minutes will be reviewed at the next meeting. 7. CONSENT CALENDAR (HCPC) A. Burdell Mixed Use Project— Review final building elevations for compliance with Condition of Approval #24 of HCPC Resolution #2016-02 approving Historical Site Plan and Architectural Review for the Burdell Mixed Use Project. Project Location: File Number: PLMA-15-0006 Staff: Kevin Colin, Deputy Planning Manager Staff Report - Burdell Mixed Use Attachment A - Original and Revised Project Plans Attachment B - HCPC Resolution No. 2016-02 Vice Chair Marzo Commissioner Pierre Vice Chair Marzo Ms. Hines Vice Chair Marzo Motion: Approve final building elevations for compliance with Condition of Approval #24 of HCPC Resolution #2016-02 approving Historical Site Plan and Architectural Joint HCPC and Planning Commission Meeting of November 8, 2016 Page 3 Review for the Burdell Mixed Use Project made by Gina Benedetti-Petnic, seconded by Jennifer Pierre. Vote: The motion carried 5 - 0. Yes: Gina Benedetti-Petnic, Jennifer Pierre, Richard Marzo, Council Member King and Perlis. Absent: Diana Gomez, Bill Wolpert, Kit Schlich and Jocelyn Yeh Lin. HCPC meeting was adjourned. 8. PC OLD BUSINESS A. Brody Ranch Residential Project — Zoning Map Amendment to rezone the 15.92- acre property from R-4 and R-5 to Planned Unit Development and approval of a unit development plan and PUD standards. Vesting Tentative Subdivision map to subdivide the site into 59 single-family lots, one duplex and two multi -family lots for the development of 138 multi -family units in nine three story buildings. The associated Initial study and Mitigated Negative Declaration will also be reviewed for approval. Project Location: 360 Corona Road File Number: PLMA-15-0007 Staff: Emmanuel Ursu, Principal Planner Staff Report - Brody Ranch Attachment A - Draft MND Resolution Attachment A, Exhibit 1 Attachment B - Draft Zoning Amendment Resolution Attachment C - Draft TSM Resolution Attachment D - MOU between DeNova Homes and Land Trust of Sonoma County Attachment F - Initial Study and MND Attachment E - Public Correspondence Attachment G - Cal Trans Comment Letter Attachment H - SPAR Landscape Plans (SPAR 1-5) Attachment H - Architectural Plans Attachment I - Subdivision Landscape Plans (1-1-1-3) Attachment I - Vesting Tentative Subdivision Map Plans Vice Chair Marzo Emmanuel Ursu, Principal Planner Council member King Mr. Ursu Council member King Mr. Ursu Council member King j(D_,2y Joint HCPC and Planning Commission Meeting of November 8, 2016 Page 4 Mr. Ursu Commissioner Pierre Mr. Ursu Ms. Hines Mr. Ursu Ms. Hines Mr. Ursu Ms. Hines Mr. Ursu Ms. Hines Curt Bates, City Engineer Vice Chair Marzo Commissioner Pierre Mr. Ursu Commissioner Pierre Mr. Ursu Ms. Hines Mr. Bates Commissioner Pierre Mr. Ursu Commissioner Pierre Mr. Ursu Commissioner Pierre Mr. Ursu Ms. Hines Commissioner Pierre Mr. Bates Vice Chair Marzo Council member King Mr. Ursu Council member King Mr. Ursu Council member King Vice Chair Marzo Mr. Ursu Ms. Hines Vice Chair Marzo Mr. Ursu )0-_aS Joint HCPC and Planning Commission Meeting of November 8, 2016 Page 5 Vice Chair Marzo Mr. Ursu Ms. Hines Vice Chair Marzo Trent Sanson, Denova Homes, Inc. Deb Goetschius, Housing Land Trust of Sonoma County Mr. Sanson Vice Chair Marzo Mr. Sanson Council member King Vice Chair Marzo Council member King Steve Lafranchi, Project Engineer Council member King Mr. Lafranchi Council member King Mr. Bates Vice Chair Marzo Mr. Lafranchi Commissioner Benedetti-Petnic Mr. Lafranchi Commissioner Benedetti-Petnic Mr. Lafranchi Commissioner Benedetti-Petnic Mr. Lafranchi Vice Chair Marzo Commissioner Pierre Jeff Monk, Monk Associates Commissioner Pierre Mr. Monk Vice Chair Marzo Commissioner Pierre Mr. Sanson Mr. Lafranchi Commissioner Pierre Mr. Lafranchi Mr. Sanson Commissioner Pierre 10- D�4 Joint HCPC and Planning Commission Meeting of November S, 2016 Page 6 Mr. Lafranchi Mr. Sanson Commissioner Pierre Mr. Sanson Commissioner Benedetti-Petnic Commissioner Pierre Mr. Sanson Mr. Lafranchi Commissioner Pierre Mr. Sanson Commissioner Pierre Mr. Lafranchi Vice Chair Marzo Commissioner Benedetti-Petnic Mr. Lafranchi Robert Lee, Architect Vice Chair Marzo Gary Schindler, Petaluma resident, is not opposed to the project, but opposed to the high density and the traffic it generates. He is concerned with safety of children who live in the adjacent neighborhoods. A possible solution would be to make the street wider. He feels that the tandem parking is also an issue because people tend to park in the streets. He would also like to see more single homes. Djorn Greipenburg, Bicycle Advisory Committee member, stated that a key goal for Corona Road Station and Petaluma TOD master plan is improved connectivity. He stated that in the proposal there is no connection to SMART and feels that a private/public partnership would benefit all parties involved and that a more direct crossing should be pursued. Mr. Ursu Commissioner Pierre Mr. Ursu Commissioner Pierre Vice Chair Marzo Commissioner Benedetti-Petnic Mr. Lafranchi Andrea Chapman, Landscape Architect, Lafranchi Associates Commissioner Benedetti-Petnic Ms. Chapman Commissioner Benedetti-Petnic Ms. Chapman Joint HCPC and Planning Commission Meeting of November 8, 2016 Page 7 Commissioner Benedetti-Petnic Ms. Chapman Commissioner Pierre Ms. Hines Ms. Chapman Ms. Hines Mr. Ursu Ms. Hines Commissioner Pierre Vice Chair Marzo Council member King Vice Chair Marzo Commissioner Benedetti-Petnic Vice Chair Marzo Commissioner Pierre Vice Chair Marzo Council member King Ms. Hines Council member King Ms. Hines Commissioner Pierre Ms. Hines Vice Chair Marzo Mr. Sanson Ms. Hines Commissioner Pierre Ms. Hines Commissioner Pierre Vice Chair Marzo Ms. Hines Commissioner Benedetti-Petnic Ms. Hines Mr. Ursu Ms. Hines Mr. Ursu Council member King Mr. Ursu Vice Chair Marzo Joint HCPC and Planning Commission Meeting of November 8, 2016 Page 8 Commissioner Benedetti-Petnic Ms. Hines Commissioner Benedetti-Petnic Vice Chair Marzo Mr. Ursu Ms. Hines Commissioner Pierre Ms. Hines Commissioner Pierre Ms. Hines Mr. Ursu Ms. Hines Commissioner Pierre Commissioner Benedetti-Petnic Commissioner Pierre Ms. Hines Commissioner Benedetti-Petnic Commissioner Pierre Vice Chair Marzo Commissioner Pierre Ms. Hines Commissioner Pierre Ms. Hines Commissioner Pierre Vice Chair Marzo Ms. Hines Vice Chair Marzo Motion: Approve resolution recommending the City Council adopt a Mitigate Negative Declaration for Brody Ranch Residential Project located at 360 Corona Road made by Jennifer Pierre, seconded by Gina Benedetti-Petnic. Vote: The motion carried 4 - 0. Yes: Gina Benedetti-Petnic, Jennifer Pierre, Richard Marzo, and Council Member King. Absent: Diana Gomez, Bill Wolpert, and Jocelyn Yeh Lin. Ms. Hines to -),I Joint HCPC and Planning Commission Meeting of November 8, 2016 Page 9 Motion: Approve resolution with modifications recommending that the City Council approve a Zoning Map Amendment to rezone the 15.92- acre property from R-4 and R-5 to Planned Unit Development and approval of a unit development plan and PUD standards for the Brody Ranch Residential Project located at 360 Corona Road made by Gina Benedetti-Petnic, seconded by Jennifer Pierre. Vote: The motion carried 4 - 0. Yes: Gina Benedetti-Petnic, Jennifer Pierre, Richard Marzo, and Council Member King. Absent: Diana Gomez, Bill Wolpert, and Jocelyn Yeh Lin. Ms. Hines Motion: Approve resolution with modifications recommending City Council approval of a Tentative Subdivision Map for the Brody Ranch Residential Project located at 360 Corona Road made by Gina Benedetti-Petnic, seconded by Jennifer Pierre. Vote: The motion carried 4 - 0. Yes: Gina Benedetti-Petnic, Jennifer Pierre, Richard Marzo, and Council Member King. Absent: Diana Gomez, Bill Wolpert, and Jocelyn Yeh Lin. Vice Chair Marzo 9. PC NEW BUSINESS A. Lomas Annexation Project - As required by Condition No. 3(a) of Sonoma County Local Agency Formation Commission Resolution No. 2518, consideration of: (a) Annexation of 19 parcels of land and adjacent public rights or way from the County of Sonoma to City of Petaluma; (b) pre -zoning of the aforementioned 19 parcels of land; and (c) Negative Declaration prepared pursuant to California Environmental Quality Act. Project Locations: Land located along Petaluma Blvd South between McNear Avenue south of Crystal Lane File Number: 07- ANX-0623 Staff: Kevin Colin, Deputy Planning Manager Staff Report - Lomas Annexation Attachment A - Draft Resolution Negative Declaration Attachment B - Draft Resolution Recommending Annexation Attachment C - Draft Resolution Recommending Prezoning Attachment D - City Council Resolution 2005-087 N.C.S. 10 -3o Joint HCPC and Planning Commission Meeting of November 8, 2016 Page 10 Attachment E - City Council Resolution 2006-119 N.C.S. Attachment F - Pre -Annexation Agreement Attachment G - Sonoma County LAFCO Resolution No. 2518 Attachment H - Property Profiles of Annexation Area Attachment I - Mixed use Zones: Allowed Uses and Permit Requirements Attachment J - Lomas Annexation: Frequently Asked Questions Attachment K - Initial Study and Negative Declaration Vice Chair Marzo Kevin Colin, Deputy Planning Manager Vice Chair Marzo Mr. Colin Vice Chair Marzo Mr. Colin Ms. Hines Mr. Colin Vice Chair Marzo Council member King Commissioner Benedetti-Petnic Mr. Colin Vice Chair Marzo Commissioner Benedetti-Petnic Mr. Colin Commissioner Benedetti-Petnic Mr. Colin Ms. Hines Commissioner Benedetti-Petnic Ms. Hines Commissioner Benedetti-Petnic Ms. Hines Commissioner Benedetti-Petnic Ms. Hines Vice Chair Marzo Paula Butterworth, owner of 5 parcels within the annexation proposal, is resentful about being forced into this annexation. Her properties have been in her family for over 80 years and the costs that will be incurred which will be a huge expense. Jason Osborne, property owner within the proposal, stated that his family is excited about getting City services. He noted that it would nice to someday see sidewalks on the south side of Quarry Heights to allow additional traffic calming since there was a recent change to raise the Joint HCPC and Planning Commission Meeting of November 8, 2016 Page 11 speed limit. He had a question regarding the condition of hooking up to sewer within 10 years and if there was an abatement to the costs. Ms. Hines Commissioner Pierre Vice Chair Marzo Mr. Colin Vice Chair Marzo Mr. Colin Commissioner Benedetti-Petnic Commissioner Pierre Ms. Hines Vice Chair Marzo Commissioner Benedetti-Petnic Ms. Hines Vice Chair Marzo Commissioner Benedetti-Petnic Ms. Hines Mr. Colin Commissioner Benedetti-Petnic Mr. Colin Vice Chair Marzo Motion: Approve resolution recommendation that City Council approve the Negative Declaration for the Lomas Annexation Project made by Jennifer Pierre, seconded by Richard Marzo. Vote: The motion carried 4 - 0. Yes: Gina Benedetti-Petnic, Jennifer Pierre, Richard Marzo, and Council Member King. Absent: Diana Gomez, Bill Wolpert, and Jocelyn Yeh Lin. Motion: Approve resolution recommending the City Council direct City Manager work with South Petaluma Partners to carry out the remaining terms of the pre- annexation agreement for the Lomas Annexation Project made by Gina Benedetti-Petnic, seconded by Jennifer Pierre. Joint HCPC and Planning Commission Meeting of November 8, 2016 Page 12 Vote: The motion carried 4 - 0. Yes: Gina Benedetti-Petnic, Jennifer Pierre, Richard Marzo, and Council Member King. Absent: Diana Gomez, Bill Wolpert, and Jocelyn Yeh Lin. Motion: Approve resolution recommending the City Council approve amendment to the zoning map of the Implementing Zoning Ordinance to prezone certain properties adjacent to Petaluma Blvd east of McNear and west of Highway 101 for the Lomas Annexation Project made by Gina Benedetti-Petnic, seconded by Richard Marzo. Vote: The motion carried 4 - 0. Yes: Gina Benedetti-Petnic, Jennifer Pierre, Richard Marzo, and Council Member King. Absent: Diana Gomez, Bill Wolpert, and Jocelyn Yeh Lin. Vice Chair Marzo 10. ADJOURN Next Special Meeting of the HCPC/Planning Commission scheduled for Tuesday, November 29, 2016. The meeting adjourned at 9:54 PM. 16.33 DATE: September 27, 2016 TO: Property Owner FROM: City of Petaluma Planning Division SUBJECT: Lomas Annexation 2016, FREQUENTLY ASKED QUESTIONS Why am I receiving this? The Lomas Annexation is follow-up to the Quarry Heights residential development currently under construction and located south of the roundabout at Petaluma Boulevard South/Crystal Lane. As a condition of annexing Quarry Heights into the City of Petaluma in 2006, the Sonoma County Local Agency Formation Commission (Sonoma County LAFCO) required parcels to the north and west to be annexed at a future date. The prerequisites for that future annexation were recently met and the time for the City of Petaluma to comply with the Sonoma County LAFCO condition is now. What is an annexation? An annexation is a change in governmental jurisdiction over properties, often from a county to a city. Annexations are governed by the Cortese -Knox -Hertzberg Local Government Reorganization Act of 2000 (California Government Code sections 56000, et. seq.) (Cortese -Knox -Hertzberg Act). The Cortese - Knox Hertzberg Act has two main purposes: to discourage sprawl and encourage orderly government. What is the purpose of an annexation? Annexations occur for several reasons including, but not limited to, providing for orderly growth and the efficient provision of public services (e.g., water, sewer, fire, police). What is involved in annexing to the City? In this case, the annexation proposal is the second and final stage of a larger annexation effort begun by South Petaluma Partners LLC in 2004 and approved by Sonoma County LAFCO in October 2006. In approving the annexation of the Quarry Heights residential development, the Sonoma County LAFCO adopted Resolution No. 2518 including Condition 3(a) which reads, "Not later than 30 days after the City received 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 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, 019-210-032, 019-210-033, 019-210-034, 019-210-035, and 019-210-036 to the City." (See Attachment A for map of annexation area) On January 20, 2016, the California Office of Mine Reclamation notified the County of Sonoma that mine reclamation activities were successfully completed. Therefore, the city and applicant are initiating proceedings to above -referenced parcels. During the Fall of 2016, the Petaluma Planning Commission will consider the annexation and make a recommendation to the City Council. After City Council approval of the annexation, the final step would be consideration of an application to the Sonoma County LAFCO who will have final decision-making authority. What is Pre -zoning? Cortese -Knox -Hertzberg Act §56375 mandates that the City of Petaluma "pre -zone" properties to be annexed to zoning districts that are consistent with the land use designation identified in the City's General Plan. The Petaluma General Plan designates properties on the north side of Petaluma Blvd South as Mixed -Use and those on the south side as Medium Density Residential (8.1-18.0 housing units/acre). (See Attachment B for General Plan Land Use Map) Pre -zoning for the Lomas Annexation will be established through public hearings at the Petaluma Planning Commission and City Council. Recommended "pre -zoning" for properties on the north side of Petaluma Blvd South is Mixed Use (1A) (MUTA) and Residential 4 (R4) on the south side of Petaluma Blvd South. Those pre -zone designations are directed by Implementing Zoning Ordinance Table 2-1 which correlates Zoning Map and General Plan Land Use Map designations. (See Attachment C for Pre - Zone Designations) What if I do not want my property annexed? If you do not support the annexation proposal you may request that your property be removed from the annexation boundary by either writing a letter to the project planner or Sonoma County LAFCO or appearing at the Planning Commission and City Council pre -zoning hearing and/or the LAFCO annexation proceeding. Please note, however, that LAFCO discourages annexation of territory to a city if that annexation splits an island of unincorporated territory, creating additional islands. Therefore, if your property is surrounded by other properties that support the annexation or if the exclusion of your property would create an illogical boundary for the provision of public services, it is unlikely that your property will be excluded. How long is the annexation process? Generally, annexation takes eight months to one year to complete. Who will pay for these annexation costs? The developer of the Quarry Heights residential development (South Petaluma Partners), in a pre- annexation agreement with the City, deposited funds to pay for the annexation. Will my property taxes increase? No, as a result of State Proposition 13, annexation will not result in any changes to your property taxes. Will my property be reassessed? No, annexation will not cause your property to be reassessed. Your property would only be reassessed when it is sold or if you make major improvements. How will annexation affect my property value? Generally, most real estate professionals would agree that being annexed to the City would add to the M value of your property due to the increase in services that would be available. Will the cost of my home insurance change? Your fire insurance may decrease. Theft and casualty insurance may also be slightly less. Please consult your insurance agent regarding your specific situation. Will I be serviced by a different fire department? Yes. All properties within the city limits are serviced by the Petaluma Fire Department. Will I be serviced by a different police department? Yes. All properties within the city limits are serviced by the Petaluma Police Department. What other services will change? In addition to police and fire services, public works, housing, and planning services currently provided by the County would be replaced with services provided by the City of Petaluma. Will my children change school districts? No. They will attend the same schools they now attend. Will my address or zip code change? No. Can I connect to water and sewer services? Yes. As a city resident you can connect to City water service. The cost for a single family residential water connection is approximately $3,488 plus about $150 for the cost of a water meter. Sewer connection fees are approximately $7,166. Additional information on monthly charges is available at the city's website: http://cityofpetaluma.net/wrcd/waterrates.html Do I have to connect to sewer and water after annexation? If you have a health hazard relating to your well or septic system and a sewer or water line exists within 300 feet of your property, you must connect to the service (as required by the Uniform Plumbing Code). Otherwise, all existing units within the annexation area may keep the existing well and/or septic system if it currently meets county standards. However, City Resolution No. 8955 N.C.S. states that after ten years, each property must connect to the city sewer service. For some properties in the annexation area, South Petaluma Partners installed a main line with stubs to adjacent properties. Must I install curbs, gutters, sidewalks and street lights? Not unless you are pursuing a development project. Do all violations have to be straightened out before annexation? No. The City of Petaluma will work with the County to enforce pending violations, or the City will assume the responsibility for enforcement of violations. )l-3 What if I have questions? Please call, email or write to: Kevin Colin, Deputy Planning Manager (707) 778-4314 kcolin@ci.petaluma.ca.us 11 English Street Petaluma, CA 94530 ATTACHMENTS A. Annexation Area B. General Plan Land Use Map C. Pre -Zone Designations t l—q `-PROP OSMLOM AS -ANNE XATION I ANNEX.ATl0N-B0UNcMY--',, CauffieldROW Ivi r I T- +Y�- � I I ISE AD! PETALUMA BLVD SOUTH �c NADINE LN ca MISSION DR A 0 \12�, *0 500 0 �eet PRO-POSEP LAMAS AUN EXATIO N I EXISTING GENERAL -RL -AN --LAND LfSE,(CITY) M Caulfield ROW 11 �A T SO -4v " PETALUMA BLVD SOUTH Ca ?I — --------------- < z De ST Mixed Use (MU) 2 Public/Semi-Public (P/SP) NADINE LN Park < z Open Space (OS) Low Density Residential � '01 z t;Medium DentyResidenal (RM) tiZST - ------ t ­j MISSION DR 0 M Diverse Low Density Residential (R DIV LOW) 0 125\ AO 600 —Feet 01 Q: M M PROPOSED LOMAS ANNEXATION EXISTING AN --P-ROP-OSED ZONINGF-(CITY) -j- CaulfiefdROW ltl L 110 ---------- PETALUMA BLVD SOUTH Z u 91_1141_1i,_C_11� 71 Civic Facility (CF) NADINE LN Mixed Use 1A (MU1A) Z z Open Space -Park (OSP) Residential 2 (R2) 1 Z* Residential 4 (R4) L-4 - MISSION DR z 1 Ji Planned Unit Development (PUD) 0 -2,0 500 I Feet -1,5, M ATTACHMENT 12 --- - NOTICE OF INTENT TO ADOPT NEGATIVE DECLARATION A- L U AND PUBLIC HEARING FOR CONSIDERATION OF ANNEXATION AND PRE -ZONING FOR NINETEEN PARCELS OF LAND AND ADJACENT PUBLIC RIGHTS OF WAY z $ 5 a LOMAS ANNEXATION PROJECT FILE NO.07-ANX-0623 Assessor Parcel Numbers: 019-210-010, -038, -039, -005, -006, -007, -008, -009, -013, -014, -021, -022, -025, -029, -032, -033, -034, -035 and -036 NOTICE IS HEREBY GIVEN, in compliance with California Environmental Quality Act Guidelines §15072, to responsible agencies, trustee agencies, interest groups and the general public that the City of Petaluma proposes to adopt a Negative Declaration for the Lomas Annexation Project. The Initial Study prepared for the project identifies no potentially significant environmental effects. The Initial Study/Negative Declaration (IS/ND) is available for review at the Planning Division, 11 English Street, Petaluma, CA 94952 or at www.cityofpetaluma.net/edd/major-projects.htinl. NOTICE IS ALSO HEREBY GIVEN, in conformance with Petaluma Implementing Zoning Ordinance §25.050(A) and Cortese -Knox -Hertzberg Local Government Reorganization Act §56755, to all interested persons that the Planning Commission will consider the IS/ND and proposals to: (a) annex fi•om the County of Sonoma to the City of Petaluma nineteen (19) parcels of land and adjacent public rights of way; and (b) initiate pre -zoning of those parcels of land. PROJECT DESCRIPTION: The project consists of the annexation of nineteen (19) parcels and adjoining right-of-way from the County of Sonoma into the City of Petaluma, and pre -zoning of all parcels consistent with the City's General Plan Land Use designations. Parcels on the north side of Petaluma Boulevard South would have a pre -zone designation of Mixed Use IA (MUTA). Parcels on the south side of Petaluma Boulevard South would have a pre -zone designation of Residential 4 (R4). No physical development is proposed. The annexation of these parcels is required by Condition No. 3 (a) of Sonoma County Local Agency Formation Commission Resolution No. 2518. PROJECT LOCATION: The project includes land located along Petaluma Boulevard South between McNear Avenue and just south of Crystal Lane (but west of US 101); see enclosed map. CEQA DOCUMENT REVIEW PERIOD: Pursuant to CEQA Guidelines §15073, the IS/ND public review period during which written comments will be accepted extends from October 6, 2016 through November 8, 2016, PLANNING COMMISSION MEETING DATE/TIME: Tuesday, November 8, 2016, at 7:00 p.m. MEETING LOCATION: City Council Chambers, City Hall of Petaluma, 11 English Street, Petaluma, CA. WHAT WILL HAPPEN: You can comment on the project. The Planning Commission will consider the requested actions and, after taking public testimony, make a recommendation to the City Council. IF YOU CANNOT ATTEND: You can send a letter to the Planning Division, City of Petaluma, 11 English Street, Petaluma California, 94952. You can also hand deliver letters prior to the meeting or e-mail comments. All Planning Commission and City Council meetings are televised on the Petaluma Community Access Cable Channel 28. FOR MORE INFORMATION: You may contact Kevin Colin, Deputy Planning Manager, at (707) 778-4314 or kcolin@ci.petaluma.ca.us. You can also come to the Planning Division to review the project file. The office is open Monday through Thursdays from 8:00 a.m. to 5:00 p.m. City Hall is closed Fridays. Efforts will be made to accommodate persons with disabilities. The City Manager's office must be notified at (707) 778-4345 within 5 days from date of publication of this notice if you need special accommodations. For accessible meeting information: Please call (707) 778-4360 or R TDD (707) 778-4480 In accordance with the Americans with Disabilities Act, if you require special assistance to participate in this meeting, please contact the City Clerk's Office at (707) 778-4360 (voice) or (707) 778-4480 (TDD). Translators, American Sign Language interpreters, and/or assistive listening devices for individuals with hearing disabilities will be available upon request. A minimum of 48 hours is needed to ensure the availability of translation services. In consideration of those with chemical sensitivities or other environmental illness, it is requested that you refrain from wearing scented products. 12--1 �� Y WE �Z � INITIAL STUDY ,OVERVIEW =AND BACKGROUND, _,- _ Project Title: Lomas Annexation City of Petaluma Lead Agency: 11 English Street Petaluma, CA 94952 Kevin Colin, Deputy Planning Manager Contact person and phone number: kcolin@ci.petaluma.ca.us (707) 778-4314 Towards the southeastern city limits, west of U.S. Highway 101 south of the Petaluma River, including properties on Project Location: both sides of Petaluma Boulevard South. APNs: 019-210- 010, -038, -039, -005, -006, -007, -008, -009, -013, -014, - 021, -022, -025, -029, -032, -033, -034, -035 and -036 South Petaluma Partners, LLC Contact: Tom A. Grabiel Project Sponsor: 305 N. Harbor Blvd., Suite 303 Fullerton, CA 92832 (714) 738-8374 Property Owners: Various Citv of Petaluma General Plan: (Various) Mixed Use and General Plan Land Use Designation: Medium Density Residential Countv of Sonoma General Plan: (Various) General Industrial, Urban Residential, and Rural Residential City of Petaluma Zonino.: N/A Zoning: Countv of Sonoma Zoning: (Various) Heavy Industrial -B8 District, R1 Low Density Residential -B8 District, and Rural Residential -B8 District. Annexation of 19 parcels from the County of Sonoma into Description of project•' the City of Petaluma, and pre -zoning of all parcels consistent with the City's General Plan Land Use designations. No physical development proposed. The project is surrounded on two sides, to the south and west, by residential development within the City's Surrounding Land Uses and Setting: boundaries. The Petaluma River is located directly to the north, and Highway 101 and Petaluma Boulevard South to the east. Other Public Agency Approvals: County of Sonoma Local Agency Formation Commission September 2016 Page 1 t`2.-- 10 LOMAS ANNEXATION TABLE OF CONTENTS PAGE # 1. OVERVIEW AND BACKGROUND................................................................................................................... 2 1.1 PROJECT LOCATION.................................................................................................................................2 1.2 ENVIRONMENTAL SETTING........................................................•.............................................................2 1.3 SONOMA COUNTY LAFCO RESOLUTION NO. 2618 ............................................................................... 6 1.4 PROJECT DESCRIPTION........................................................................................................................... 6 1.5 APPROVALS FROM OTHER REGULATORY AGENCIES........................................................................8 2. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED........................................................................... 9 3. DETERMINATION (TO BE COMPLETED BY THE LEAD AGENCY)............................................................. 9 4. EVALUATION OF ENVIRONMENTAL IMPACTS........................................................................................... 9 4.1 AESTHETICS.................................................................................................................................................................10 4.2 AGRICULTURALAND FORESTRY RESOURCES..............................................................................................................12 4.3 AIR QUALITY................................................................................................................................................................13 4.4 BIOLOGICAL RESOURCES.............................................................................................................................................16 4.5 CULTURAL RESOURCES................................................................................................................................................19 4.6 GEOLOGY AND SOILS................................................................................................................................................... 22 4.7 GREENHOUSE GAS EMISSIONS....................................................................................................................................26 4.8 HAZARDS/HAZARDOUS MATERIALS............................................................................................................................28 4.9 HYDROLOGY AND WATER QUALITY............................................................................................................................30 4.10 LAND USE AND PLANNING.....................................................................................................................................33 4.11 MINERAL RESOURCES.............................................................................................................................................36 4.12 NOISE......................................................................................................................................................................37 4.13 POPULATION AND HOUSING..................................................................................................................................39 4.14 PUBLIC SERVICES....................................................................................................................................................41 4.15 RECREATION...........................................................................................................................................................43 4.16 TRANSPORTATION AND CIRCULATION...................................................................................................................44 4.17 UTILITIES AND SERVICE SYSTEMS...........................................................................................................................46 4.18 MANDATORY FINDINGS OF SIGNIFICANCE (Cal. Pub. Res. Code §15065)..............................................................50 5. REFERENCE DOCUMENTS............................................................................................................................ 52 TABLE OF FIGURES Figure1 — Project Vicinity....................................................................................................................................... 2 Figure2 — Project Area............................................................................................................................................3 Figure 3 — General Plan Land Use Map at Project Area....................................................................................... 4 Figure 4 — Proposed Pre -zone Designations........................................................................................................ 7 Figure 5 — Existing Public Utilities.......................................................................................................................47 LIST OF TABLES Table 1 — Lomas Annexation Area Parcels........................................................................................................... 6 Table2 — Proposed Pre-Zoning............................................................................................................................ 34 Table 3 — Sites Identified in Housing Element for Residential Development .................................................. 40 ATTACHMENTS A. PROPERTY PROFILES September 2016 Page 1 c sl:� Lomas Annexation City of Petaluma The City of Petaluma is located approximately 35 miles northwest of San Francisco, in southwestern Sonoma County, along the Highway 1O1corridor (Figure 1\The proposed annexation nfnineteen (1g)parcels analyzed herein ("project area) are located near the southern edge of Petaluma, in close proximity to Highway 101 and the Sonoma Marin Area Rail Transit (SMART)Corridor. The project area is situated on both the northern and southern sides of Petaluma Boulevard South, generally between McNearAvenue and the Highway 01overpass (Figure 2).The individual parcels range |nsize from 0.09 acres to 2.59 acres and feature varying existing development conditions, as discussed further in the Project Description below. LoMm�AmmEXA/ --_ ' ~ � ~~~ -~~ � . ^..// "0 0,375 0.75 Petaluma is located in southwestern Sonoma County along the US 101 corridor approximately 15 miles south of Santa Rosa and 20 miles north of San Rafael. It is situated at the northernmost navigable end of the Petaluma River, a tidal estuary that meanders southward to San Pablo Bay. The city originated along the banks of the Petaluma River, spreading outward over the floor of the Petaluma River Valley as it developed. The valley itself is defined by Sonoma Mountain on the northeast and by the hills extending northward from Burdell Mountain on the west. To the south are the Petaluma Marshlands and the San Pablo Bay beyond. The City of Petaluma bcharacterized asapredominantly urban environment with vacant/undeveloped of land within its Urban Growth Boundary. The city is comprised of a variety of zoning districts including commercial, residential, industrial, parks/open space, civic facilities, agricultural, mixed use, business park, and planned unit/community districts. The city exhibits an assortment o[historic resources consisting of properties, buildings, and/or monuments. Page September 2016 City of Petaluma NX NN PETALUMA BLVD SOUTH ST NADINE LNMISSION DR The project site is located within the Petaluma Boulevard South subarea of the Petaluma General Plan which serves eothe southern gateway tothe City as it is approached from Highway 101. This area presents working industrial face to the northeast, grassy fields dotted with oaks to the southeast and distant vistas across the Petaluma River and the southeast quadrant of the community to the Sonoma Hills. Many of the existing parcels in this subarea consist of industrial parcels accommodating storage and working yards and residential parcels typically developed with single-family homes. The pn*oenms ofstreet frontage improvements, or lack thereof, currently provides o visual indication of properties vvh|oh are located within the City from those that are within unincorporated areas of the County. The project area is within the "Highway 101 to D Street" portion of the planning subarea, which becomes more urban in character as one approaches downtown. Proiect Area & Vicinitv Circulation in the project vicinity primarily occurs along Petaluma Boulevard South which serves as o major arterial within the City. McNear Avenue bounds the western edge of the annexation area and serves as a local collector street, An existing traffic circle at Petaluma Boulevard South and Crystal Lane is planned to extend north via a new river crossing to connect with Caulfield LnOm in the future, as envisioned by the GmDmna| Man. The existing attributes (oddness, APN, size, existing use, Mabo|uma General Plan designation) of each parcel proposed for annexation and pre -zoning under the project isincluded at Attachment A. OUbymKPetaluma General Plan The Petaluma General Plan 2025, adopted in 2008serves the following purposes: September 2016 Page 3 Lomas Annexation City ofPetaluma * Reflects o commitment on the part ofthe City CoUmj| and their appointed representatives and staff to carry out the Plan; ° Outlines a vision for Pehw|uma's long-range physical and economic development and neuuunza conservation; enhances the quality oflife for all residents and visitors; recognizes that human activity takes place within the limits of the natural environment; and reflects the aspirations of the community; ° Provides stnnhagimn and specific implementing poUdaa and programs that will allow this vision to be accomplished; = Establishes n basis for judging whether specific development proposals and public projects are in harmony with Plan policies and standards; * Allows City departments, other public agencies, and private developers to design projects that will enhance the character mfthe communihy� preserve and enhance critical environmental resources, and minimize impacts and hazards; and * Provides the basis for establishing and setting priorities for detailed plans and implementing programs, such as Development Codes, the Capital Improvement Program (ClP), facilities and Master Plans, redevelopment projects, andthaUrbanGrowthBoundary/UGB\. Land Use Mat) The Petaluma General Plan includes aLand Use Map which establishes categories of land use and development density and intensity. Asshown at Figure 3 below, the project area includes properties designated Mixed Use and Medium Density Residential. ITD SO 14 I'll, V INV Mixed Use (MU) NADINELN Park Open Space (05) Lc)w Density Residential (RL) 2 Medium Density Residential (RM) MISSIONDR Diverse Low Density Residential (R DIV LOM Page September 2016 City of Petaluma Lomas Annexation City of Petaluma General Plan Environmental Impact Report Because CEQA discourages "repetitive discussions of the same issues" (CEQA Guidelines section 15152b) and allows limiting discussion of a later project that is consistent with a prior plan to impacts which were not examined as significant effects in a prior EIR or to significant effects which could be reduced by revisions in the later project (CEQA Guidelines section 15152d), no additional benefit to the environment or public purpose would be served by preparing an EIR merely to restate the analysis and the significant and unavoidable effects found to remain after adoption of all General Plan policies/mitigation measures. All General Plan policies adopted as mitigation apply to the subject Project. The General Plan EIR reviewed all potentially significant environmental impacts and developed measures and policies to mitigate impacts. Nonetheless, significant and unavoidable impacts were determined to occur under the General Plan. Therefore, the City adopted a statement of overriding considerations, which balance the merits of approving the project despite the potential environmental impacts. The impacts identified as significant and unavoidable in the General Plan EIR are: • Increased motor vehicle traffic which would result in unacceptable level of service (LOS) at six intersections covered in the Master Plan: McDowell Boulevard North/Corona Road, Lakeville Street/Caulfield Lane, Lakeville Street/East D Street, Petaluma Boulevard South/D Street, Sonoma Mt. Parkway/Ely Boulevard South/East Washington Street, and McDowell Boulevard North/Rainier Avenue. • Traffic related noise at General Plan build -out, which would result in a substantial increase in existing exterior noise levels that are currently above City standards. • Cumulative noise from proposed resumption of freight and passenger rail operations and possible resumption of intra -city trolley service, which would increase noise impacts. • Air quality impacts resulting from General Plan build -out to population levels that could conflict with the Bay Area 2005 Ozone Strategy. (This regional air quality plan has since been replaced by the 2010 Clean Air Plan, which is further discussed in Sections 3.3 Air Quality and 3.7 Greenhouse Gases.) • A possible cumulatively considerable incremental contribution greenhouse gas emissions from development under the General Plan. Because CEQA discourages "repetitive discussions of the same issues," this environmental document tiers off of the General Plan EIR (SCH NO.: 2004082065), which was certified on April 7, 2008, to examine site-specific impacts of the proposed project, as described below. A copy of the City of Petaluma's General Plan and EIR are available at the Community Development Department, 11 English Street, Petaluma, California 94952, during normal business hours and online at http://cityofpetaluma.net/cdd/plan-general-plan,html. While this Initial Study addresses the potential site-specific environmental effects of the project, the scope of review is particular to its boundary and zoning changes which exclude physical changes to the environment. Because of the absence of direct physical changes, the focus of review is primarily on potential indirect environmental effects that may result from the project. CEQA Guidelines §15064 (d) addresses this situation as follows: "In evaluating the significance of the environmental effect of a project, the Lead Agency shall consider direct physical changes in the environment which may be caused by the project and reasonably foreseeable indirect physical changes in the environment which may be caused by the project." CEQA Guidelines §15064(d)(3) goes on to state, "An indirect physical change is to be considered only if that change is a reasonably foreseeable impact which may be caused by the project. A change which is speculative or unlikely to occur is not reasonably foreseeable." As this Initial Study documents, many of the project's indirect physical changes (e.g., urban residential and mixed-use development within the project area) are addressed by the programmatic analyses of the General Plan EIR but not reasonably foreseeable with regard to their location, l'2._-IZ September 2016 Page 5 Lomas Annexation City of Petaluma type, nature, extent. Therefore, in order to prevent speculation, this Initial Study briefly identifies when this situation arises and ends discussion on the matter. When and if future direct physical changes are proposed within the project area and subject to review under CEQA, the City of Petaluma would prepare a separate analysis of potential environmental effects. 1.3 SONOMA COUNTY LAFCO RESOLUTION NO. 2518 On October 4, 2006, the Sonoma County Local Agency Formation Commission (Sonoma County LAFCO) adopted Resolution No. 2518, subject to conditions. That resolution approved the annexation of land, generally referred to as the Quarry Heights project on the south side of Petaluma Boulevard South, into the City of Petaluma. Condition No. 3(a) of that resolution requires that, within thirty (30) days of the City receiving notice that surface mine reclamation of APNs 019-210-010, -038, and -039 has been completed, the area under review in this CEQA document shall be subject to annexation proceedings. Those properties were identified as APNs 019-210-005, - 006, -007, -008, -009, -013, -014, -021, -022, -025, -029, -032, -033, -034, -035 and -036. On January 20, 2016, the California Office of Mine Reclamation notified the County of Sonoma that surface mine reclamation was completed. 1.4 PROJECT DESCRIPTION The project includes the proposed annexation of nineteen (19) parcels from the County of Sonoma into the City of Petaluma, as required by Sonoma County LAFCO Resolution No. 2518. A list of these parcels and their associated Assessor's Parcel Number (APN), address, and lot size are listed in Table 1 below. The proposed area is contiguous to the current City of Petaluma incorporated boundary and would serve to remove the "peninsula" of unincorporated land that currently exists. Annexation LAFCO Resolution No. 2518 identifies the affected territory as being within the sphere of influence and voter - approved Urban Growth Boundary (UGB) for the City, as well as within the "urban services area" boundary of Petaluma as defined in the Sonoma County General Plan. The project would result in the annexation of seven (7) parcels with a mix of uses and twelve (12) parcels with residential uses. The mixed-use parcels are presently used for outdoor storage, maintenance/repair service, and auto vehicle sales and rentals, and with some vacant/undeveloped parcels. The residential parcels primarily consist of single-family residences. A few vacant/undeveloped parcels also occur within the project area. No development is proposed as part of the project. Existing public infrastructure (e.g., water, sewer, roads) would remain in their current state. Site Number Parcel (APN) Address Lot Size (Acreage) 1 019-210-005 1473 Petaluma Boulevard South 2.59 2 019-210-006 1475 Petaluma Boulevard South 1.00 3 019-210-007 1501 Petaluma Boulevard South 1.55 4 019-210-008 1525 Redwood South Highway 1.00 5 019-210-010 1601 Petaluma Boulevard South 1.44 6 019-210-038 1601 Petaluma Boulevard South 0.28 7 019-210-039 1601 Petaluma Boulevard South 1.82 8 019-210-009 2 Rovina Lane 1.00 9 019-210-036 3 Rovina Lane 1.00 10 019-210-035 1450 Petaluma Boulevard South 0.86 11 019-210-013 1430 Petaluma Boulevard South 0.17 i.2- i ^� Page 6 September 2016 City ofPetaluma Lomas Annexation 12 019-210'014 1420 Petaluma Boulevard South 0,19 13 019'210-022 141OPetaluma Boulevard South 0.18 14 019-210-021 14OOPetaluma Boulevard South 0.11 15 019'210'033 149MmNearAvenue 1.80 16 019'210-029 128OPetaluma Boulevard South 0.23 17 019'210-034 OMcNeorAvenue 0.09 18 019-210-025 SSMcNearAvenue 0.18 19 019-210'032 134OPetaluma Boulevard South 1.71 Total Acreage j PUD 17^20 Consistent with the requirements underthe Act (Govt Code §5600etal), all parcels proposed for annexation have a proposed "pre -zone" designation. Pre -zoning essentially refers to the preliminary assignment oya future City zoning designation for each parcel that would gointo effect iOthe event annexation b approved by the Sonoma County LAFCO. Proposed pre -zone designations for the annexation area are shown at Figure 4below and include two zones: Mixed Use 1A(MU1A) and Residential 4(R4). '_PROF!OSED LOMAS ANNEXATION EXISTING -AND -PROPOSED -ZONING ` ` ` PUD` rETA^vu^BLVD SOUTH NADINE LN �, ��� �� �� ~-'------H�— `- � �� � ~^ / \ `�~ � ' ( ` ' '/// / PUD j PUD ` ` ` PUD` NADINE LN VC` PUD PUD MISSION DR Pt JJ Feot The zoning designations at Figure were chosen since Table 2-1ofthe City of Petaluma Implementing Doning Ordinance considers them to be designations compatible with existing, underlying General Plan Land Use designations. By assigning a zoning designation to each parcel, a set of aUmwobka uses and development standards would guide all future development and changes within the annexation area. Some existing uses within September 2016 Page Lomas Annexation City of Petaluma the project area would be permitted under proposed pre -zone designations while others are prohibited and would be rendered legal non -conforming after annexation. This issue is discussed further at Section 4.10 (Land Use and Planning). 1,5 APPROVALS FROM OTHER REGULATORY AGENCIES The proposed project requires approval from the County of Sonoma Local Agency Formation Commission ("Sonoma County LAFCO"). No other regulatory agency approvals have been identified. 12- r5 Page 8 September 2016 City of Petaluma 2. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED Lomas Annexation None of the following environmental categories would be potentially affected by this project as indicated by the following environmental analysis. Aesthetics ❑ Land Use/Planning ❑ Agricultural & Forestry Resources ❑ Mineral Resources ❑ Air Quality ❑ Noise ❑ Biological Resources ❑ Population/Housing ❑ Cultural Resources ❑ Public Services ❑ Geology / Soils ❑ Recreation ❑ Greenhouse Gas Emissions ❑ Transportation ❑ Hazards & Hazardous Materials ❑ Utilities/Service Systems ❑ Hydrology / Water Quality ❑ Mandatory Findings ❑ 3. DETERMINATION (TO BE COMPLETED BY THE LEAD AGENCY) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment. A X NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to t earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are /imposed upon the proposed project, nothing further is required. Lead Agency: in Colin, Deputy Planning Manager Date 4. EVALUATION OF ENVIRONMENTAL IMPACTS The following is a discussion of potential project impacts as identified in this Initial Study/Negative Declaration. Explanations are provided for each item. For each topic listed below, reference documents were used to complete the Environmental Checklist and are listed in Section 5 of this document. September 2016 1 -)_--4 (0 Page 9 Lomas Annexation City of Petaluma 4.1 AESTHETICS Potentially Less Than Less Less than No Would the project: Significant with Significant Impact Impact Mitigation Impact a) Have a substantial adverse effect on a scenic ❑ ❑ ❑ vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a ❑ El ❑ state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its ❑ ❑ ® ❑ surroundings? d) Create a new source of substantial light or glare which would adversely affect day or ❑ ❑ ❑ nighttime views in the area? Sources: City of Petaluma General Plan 2025 and EIR, City of Petaluma Implementing Zoning Ordinance (IZO) Setting The natural features that characterize Petaluma and its surroundings provide for a visually rich setting. The City of Petaluma is located in the Petaluma River Valley, which is a northwest -southeast trending valley between Sonoma Mountain and Mount Burdell. The City is flanked by the foothills and peaks associated with these mountain ranges which provide for views of rolling hills and agricultural landscapes. The Petaluma River and tributaries traversing Petaluma further contribute to the aesthetic quality of the city. A long established urban form within city limits contrasts with the surrounding open space and agricultural land uses and provides for a distinct visual character. Although the annexation area is not located within City boundaries, it is within the Urban Growth Boundary (UGB) and was considered for future build -out under the General Plan EIR. The proposed project does not include any view shed points, as shown in General Plan EIR Figure 3.11-1 (View shed Analysis). The existing aesthetic setting within the project includes intermittent views of the Sonoma Mountains and Petaluma River, as well as surrounding hills to the South. Impact Discussion 4.1 (a) (Scenic Vista) No Impact: The proposed project will not have a substantial adverse effect on scenic vistas. The project excludes physical changes to the environment (e.g., new building) that would result in a change to the existing aesthetic setting. Regardless, the project excludes and is not visible from important public view sheds identified at General Plan EIR Figure 3.11-1. For these reasons, the project would have no impact with regard to scenic vistas. Miticiation Measures: None Required 4.1 (b) (Scenic Resources) No Impact: No designated state scenic highways occur within the City of Petaluma. The project site includes trees, though none are proposed for removal. The project site excludes rock outcroppings, historic buildings and lacks other scenic resources. Therefore, the project would result in no impacts to scenic resources within a designated state scenic highway, C2-(-7 Page 10 September 2016 City of Petaluma Mitiaation Measures: None Required Lomas Annexation 4.1 (c) (Visual Character and Oualitv) Less than Sianificant Impact: The project would not have a significant impact on the existing visual character or quality of the site or its surroundings, as no physical change to the environment is proposed. Although the project could lead to future development proposals, similar physical changes could occur now under the jurisdiction of the County of Sonoma. The City of Petaluma Implementing Zoning Ordinance (IZO) provides development standards and design criteria in order to reinforce the desired building forms and character of the community. A future development proposal within the City's jurisdiction would be reviewed for consistency with such standards and undergo a Site Plan and Architectural Review process. Therefore, impacts to the visual character and quality of the site and surrounding areas would be less than significant. Mitiaation Measures: None Required 4.1 (d) (Licht and Glare) No Impact: No new sources of light or glare are proposed as part of the project. Any future development proposed in the City's jurisdiction would be subject to design review requirements, including standards that control light sources to prevent substantial light or glare. Thus, the project would have no impact under this criterion. Mitiaation Measures: None Required September 2016 Page 11 Lomas Annexation City of Petaluma 4.2 AGRICULTURAL AND FORESTRY RESOURCES Potentially Less Than Significant Less than No Would the project: Significant with Significant Impact Impact Mitigation Impact a) Convert Prime Farmland, Unique Farmland, or Sources: CA Department of Conversation, Farmland Mapping & Monitoring Program. Impact Discussion 4.2 (a -e) (Farmland Conversion. Williamson Act, Forestland, Timberland) No Imoact: The California Department of Conservation Farmland Mapping and Monitoring Program identifies the project site as "Urban and Built -Up Land." No property in the project area has an agricultural zoning designation or Williamson Act contract. The project also excludes forestland and timberland. Based on the above, the project will have no impact under this environmental topic. Mitigation Measures: None Required. 12---11 Page 17 September 2016 Farmland of Statewide Importance (Farmland), as ❑ ❑ ❑ shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or a ❑ ❑ ❑ Williamson Act contract? c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public ❑ ❑ ❑ Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? d) Result in the loss of forest land or conversion of forest ❑ ❑ ❑ land to non -forest use? e) Involve other changes in the existing environment which, due to their location or nature, could result in ❑ ❑ ❑ conversion of Farmland, to non-agricultural use or conversion of forest land to non -forest use? Sources: CA Department of Conversation, Farmland Mapping & Monitoring Program. Impact Discussion 4.2 (a -e) (Farmland Conversion. Williamson Act, Forestland, Timberland) No Imoact: The California Department of Conservation Farmland Mapping and Monitoring Program identifies the project site as "Urban and Built -Up Land." No property in the project area has an agricultural zoning designation or Williamson Act contract. The project also excludes forestland and timberland. Based on the above, the project will have no impact under this environmental topic. Mitigation Measures: None Required. 12---11 Page 17 September 2016 City of Petaluma Lomas Annexation 4.3 AIR QUALITY Potentially Less Than Less than Would the project: Significant Significant Significant No Impact Impact with Mitigation Impact a) Conflict with or obstruct implementation of the ❑ ❑ ® ❑ applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality ❑ ❑ violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is in non -attainment under an applicable federal or state ambient air quality standard (including releasing ❑ ❑ ❑ emissions which exceed quantitative thresholds for ozone precursors)? d) Exposure of sensitive receptors to substantial pollutant concentrations? ❑ ❑ ❑ e) Create objectionable odors affecting a.substantial number of people? ❑ ❑ ❑ Sources: City of Petaluma General Plan 2025 and EIR, City of Petaluma Housing Element 2015 — 2023, Bay Area Air Quality Management District Bay Area 2010 Clean Air Plan Setting The City of Petaluma is located within the San Francisco Bay Area Air Basin, which is regulated by the Bay Area Air Quality Management District (BAAQMD). Air quality within the Bay Area Air Basin is affected by natural geographical and meteorological conditions as well as human activities such as construction and development, operation of vehicles, industry and manufacturing, and other anthropogenic emission sources. The Federal Clean Air Act and the California Clean Air Act establish national and state ambient air quality standards. The BAAQMD is responsible for planning, implementing, and enforcing air quality standards within the Bay Area Air Basin including the City of Petaluma. The BAAQMD operates several air quality monitoring stations, whereas the closest station to the City of Petaluma is located in eastern Sebastopol, approximately 16 miles northwest. The Sebastopol station records pollutant concentration levels for carbon monoxide (CO), Nitrogen Dioxide (NO2), Ozone (03), and Particulate Matter (PM2.5). The Bay Area Air Basin is designated as non -attainment for both the one-hour and eight-hour state ozone standards; 0.09 parts per million (ppm) and 0.070 ppm, respectively. The Bay Area Air Basin is also in non - attainment for the PMlo and PM2.5 state standards, which require an annual arithmetic mean (AAM) of less than 20 pg/m3 for PMlo and less than 12 lag/m3 for PM2,5. In addition, the Basin is designated as non -attainment for the national 24-hour fine particulate matter (PM2.5) standard and will be required to prepare a State Implementation Plan (SIP) for PM2,5. All other national ambient air quality standards within the Bay Area Air Basin are in attainment. This Initial Study applies the BAAQMD's California Environmental Quality Act — Air Quality Guidelines, May 2012, including the BAAQMD thresholds of significance adopted in .lune 2010. In March 2012, the Alameda County LZ -20 September 2016 Page 13 Lomas Annexation City of Petaluma Superior Court ordered BAAQMD to set aside use of the significance thresholds within the BAAQMD CEQA Guidelines until they complete an assessment of the environmental effects of the thresholds in accordance with CEQA. The Court found that the thresholds, themselves, constitute a "project" for which environmental review is required. Lead agencies may continue to rely on the BAAQMD CEQA Guidelines, "for assistance in calculating air pollution emissions, obtaining information regarding the health impacts of air pollutants, and identifying potential mitigation measures." The BAAQMD CEQA Guidelines include the best available scientific data and most conservative thresholds available for comparison of the project's emissions against these thresholds provides a conservative assessment as the basis for a determination of significance. In the absence of other applicable thresholds, the City of Petaluma, as lead agency, has chosen to utilize the June 2010 BAAQMD thresholds and May 2011 Guidelines as a means to conservatively assess the project's potential environmental effects. Impact Discussion 4.3 (a) (Air Oualitv Plan Conflict) Less than Sianificant Impact: The BAAQMD adopted the Bay Area 2010 Clean Air Plan (CAP) in September 2010 to comply with state air quality planning requirements set forth in the California Health & Safety Code. The 2010 CAP serves to update the 2005 Ozone Strategy and provides control strategies to address air quality pollutants including ozone (03), Particulate Matter (PM), toxic air contaminants (TACs), and greenhouse gases (GHGs). A total of 55 control strategies have been developed as part of the CAP for land use, energy and climate, stationary sources, transportation, and mobile sources. Control strategies are designed to reduce emissions of ozone precursors, PM, air toxics, greenhouse gases, and work towards attainment of state ozone standards, reduce transport of ozone to neighboring basins, and to protect public health and the climate. Build -out within Petaluma's UGB has already been anticipated under the General Plan EIR and potential conflicts associated with that growth was identified as a significant and unavoidable impact. The project would not alter any of the assumptions (e.g., higher development intensity) leading to that prior impact determination. As such, the project has no potential for new or more severe impacts above that previously identified by the Petaluma General Plan EIR. However, future development within the project area would be subject to the CAP and implement control strategies, including measures such as enhanced bicycle and pedestrian access, energy efficiency, and others. Based on the above, the project would have a less than significant impact under this criterion. Mitiaation Measures: None Required 4.3 (b -c) (Air Oualitv Standards and Criteria Pollutants) No Impact: Since the project would not authorize any new emissions sources, there would be no violation of any air quality standard or substantial contribution to an existing or projected air quality violation. For the same reasons, the project would not directly result in any emission contribution towards a cumulatively considerable net increase of any criteria pollutant for which the project region is in "non -attainment" under an applicable Federal or State ambient air quality standard. With regard to indirect changes resulting from the project vis-a-vis future urban redevelopment, it is speculative and not reasonably foreseeable to determine whether air quality standards would be violated. When and if the City of Petaluma were to be in receipt of a development application within the project area at a future date, it would be subject to its own project -level environmental review under CEQA where individual site characteristics, including emission sources, would be analyzed. Therefore, the project would result in no impact under these criteria. Mitigation Measures: None Required 4.3 (d -e) (Sensitive Receptors and Odors) No Impact: Sensitive receptors may include population groups (i.e. children, senior citizens, acutely or chronically ill people) and/or facilities where these groups more susceptible to air pollutants tend to reside or spend time (i.e. schools, retirement homes, hospitals). The project site excludes any sources of objectionable odors (e.g., landfill) and, since it excludes new sources of air emissions, there is no C Z -z( Page 14 September 2016 City of Petaluma potential for direct impacts to sensitive receptors. Lomas Annexation With regard to indirect changes resulting from the project vis-a-vis future urban redevelopment, it is speculative and not reasonably foreseeable to determine whether new emissions sources would have an adverse effect on sensitive receptors. When and if the City of Petaluma were to be in receipt of a development application within the project area at a future date, it would be subject to its own project -level environmental review under CEQA where individual site characteristics, including emission types and locations, would be analyzed. Therefore, the project would result in no impact under these criteria. Mitigation Measures: None required 12--22- September 2—z2 September 2016 Page 15 Lomas Annexation 4.4 BIOLOGICAL RESOURCES Would the project: City of Petaluma Potential) less Than less than Significant Significant Significant No Impact Impact with Mitigation Impact a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or ❑ ❑ ® ❑ regional plans, policies, or regulations, or by the California Department of Fish and Wildlife (Formerly Fish and Game) or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or ❑ ❑ ® ❑ regional plans, policies, regulations or by the California Department of Fish and Wildlife (formerly Fish and Game) or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act ❑ ❑ ® ❑ (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with ❑ ❑ ® ❑ established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting ❑ ❑ ❑ biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, ❑ ❑ ❑ or other approved local, regional, or state habitat conservation plan? Sources: City of Petaluma General Plan 2025 and EIR, City of Petaluma River Access and Enhancement Plan, California Department of Fish and Wildlife: California Natural Diversity Database (CNDDB), City of Petaluma Implementing Zoning Ordinance (IZO) Setting Biological resources evaluated under this section are protected by statutes such as the Federal Endangered Species Act (FESA), the California Endangered Species Act (CESA), and the Clean Water Act (CWA). The Migratory Bird Treaty Act (META) affords protection to migratory bird species including birds of prey. These regulations provide the legal protection for plant and animal species of concern and their habitat. The General Plan EIR identifies that several plant and animal species with special -status have been recorded or are suspected to occur within Petaluma's UGB. The city also contains species that are identified in the California Natural Diversity Database (CNDDB) due to rarity and threats, and are considered sensitive resources. This 2--2-'2 Page 16 September 2016 City of Petaluma Lomas Annexation analysis considers information retrieved for the project area from the CNDDB database. Within the UGB, biological resources are largely limited to the Petaluma River and its tributaries which contain aquatic and riparian resources as well as wetlands. The National Wetland Inventory identifies fresh emergent wetlands in the southern portion of the Petaluma River and Northern coastal salt marsh wetland and brackish marsh wetland in the lower reaches of the Petaluma River. Imuact Discussion 4.4 (a -d) (Special Status Species, Riparian Habitat, Wetlands and Miaration) Less Than Significant Impact: According to a search of the CNDDB database, the following is a list of special -status species that have been recorded in or near the project area: • California Tiger Salamander (Ambystoma californiense); • Western Pond Turtle (Emys marmorata); • San Pablo Song Sparrow (Melospiza melodia samuelis); • Sonoma Spineflower (Chorizanthe valida); • Franciscan Onion (Allium peninsulare var, franciscanum); • Pitkin Marsh Lily (Lilium pardalinum ssp. pitkinense); • Round -leaved Filaree (california macrophylla); • Fragrant Fritillary (Fritillaria liliacea); • Point Reyes Checkerbloom (Sidalcea calycosa ssp. rhizomata); • Alkali Milk -Vetch (Astragalus tener var. tener); • Townsend's Big -Eared Bat (Corynorhinus townsendii); and • Petaluma Popcornflower (Plagiobothrys mollis var. vestitus). The above list includes some federally/state listed threatened and endangered species, however the CNDDB Indicates that all instances were recorded over 135 years ago and have not been recorded since. The USFWS's National Wetlands Inventory Map identifies a riverine wetland within the project. However, because the project excludes physical changes to the environment, it would not have a direct environmental effect upon the species noted above (or others which have yet to be identified); including riparian habitat or wetlands With regard to indirect changes resulting from the project vis-a-vis future urban redevelopment, it is speculative and not reasonably foreseeable to determine whether such development would have an adverse effect on biological resources. When and if the City of Petaluma were to be in receipt of a development application within the project area at a future date, it would be subject to its own project -level environmental review under CEQA where individual site characteristics, including presence or absence of biological resources and relationship to development, would be analyzed. Therefore, the project would result in no impact under these criteria. Mitigation Measures. None Required 4.4 (e) (Tree Preservation) No Impact: Petaluma's Implementing Zoning Ordinance (IZO) Chapter 17 addresses tree preservation requirements within the context of development project review. Trees which are considered `protected' are subject to avoidance and/or mitigation criteria. Because the project excludes physical changes to the environment, it would not have a direct environmental effect related to tree removal and the provisions of IZO Chapter 17. With regard to indirect changes resulting from the project vis-a-vis future urban redevelopment, it is speculative and not reasonably foreseeable to determine whether such development would have an adverse effect related to tree removal. When and if the City of Petaluma were to be in receipt of a development application within the project area at a future date and which includes proposed tree removal, it would be subject [,2-- D -Li September 2016 Page 17 Lomas Annexation City of Petaluma to its own project -level environmental review under CEQA IZO Chapter 17. Therefore, the project would result in no impact under this criterion. Miti4ation Measures: None Required 4.4 (f) (Habitat Conservation Plan) No Impact: There is no Habitat Conservation Plan, Natural Community Conservation Plan, or other regional or State habitat conservation plan that pertains to Petaluma. The project would also not conflict with any adopted conservation plan. Therefore, the project will have no impact under this topic. Mitigation Measures: None Required 12 - 25 - Page 18 September 2016 City of Petaluma Lomas Annexation 4.5 CULTURAL RESOURCES Potentially Less Than Significant Less than No Would the project: Significant with Significant Impact Impact Mitigation Impact a) Cause a substantial adverse change in the significance of a ❑ ❑ ❑ historical resource as defined in § 15064.5? b) Cause a substantial adverse change in the significance of an ❑ ❑ ® ❑ archaeological resource pursuant to § 15064.5? c) Directly or indirectly destroy a unique paleontological resource ❑ ❑ ❑ or site or unique geologic feature? d) Disturb any human remains, including those interred outside ❑ ❑ ❑ of formal cemeteries? Sources: City of Petaluma General Plan 2025 and EIR; California Historical Resources Information System, Lomas Annexation Project/Multiple Parcels/City of Petaluma (File No.: 15-1617), May 6, 2016; Federated Indians of Graton Rancheria, email from Buffy McQuillen, Tribal Heritage Preservation Officer, June 23, 2016. Setting Historic resources are central to Petaluma culture and contribute greatly to the aesthetic quality and character of the City. During prehistoric times, drawn by the fertile soils and abundant wildlife, the Coast Miwok Indians settled in the Petaluma River Valley. European settlement began in the 1800s and increased after the discovery of gold. The California Historical Resources Information System (CHRIS) identifies a number of Native American archaeological resource sites and historic era cultural resources within the City's UGB. Petaluma has three Historic Districts (Oakhill -Brewster, Downtown, and A -Street Historic Districts) which are located in and around the downtown area. Undisturbed lands within the UGB, particularly lands in the vicinity of ridgetops, mid -slope terraces, alluvial flats, ecotones, and sources of water, have a greater possibility of encountering a prehistoric archaeological and tribal cultural resources. Impact Discussion 4.5 (a) (Historical Resource) (No Impact): The project does not involve properties located within Petaluma's designated historic districts and does not include any building or feature that is designated as an individual historic resource under local, State or Federal standards. As the project consists of a boundary change and pre - zoning without physical changes to the environment, no significant effect would occur with regard to any potentially eligible historic resources not listed in government databases. Therefore, the project would have no impact relative to a substantial adverse change in the significance of a historical resource. Mitigation Measures: None Required 4.5 (b) (Archaeological and Tribal Cultural Resources) (No Impact): Potentially significant archaeological and tribal cultural resources include, but are not limited to, the following: concentrations of artifacts or culturally modified soil deposits, modified stone, shell, bone, or other cultural materials such as charcoal, ash, and burned rock indicative of food procurement or processing activities, or prehistoric domestic features including hearths, fire pits, or house floor depressions or other such prehistoric artifacts. The proposed project would not cause a substantial adverse change in the significance of an archaeological resource as no physical development is proposed. Just as development of the project site may occur now l-~2( September 2016 Page 19 Lomas Annexation City of Petaluma (without the project) under the Sonoma County General Plan, the project's annexation and pre -zoning aspect could also lead to future development involving earthwork that may raise the question of potential impacts to archaeological and/or tribal cultural resources. With regard to the City of Petaluma's jurisdiction and current project, the General Plan EIR states, "A complete records search revealed that 21 recorded Native American and historic cultural resources are currently located within the UGB. According to the Northwest Information Center at Sonoma State University, there is a high possibility of uncovering and identifying additional historic -period archaeological deposits on undeveloped land within the UGB. New development that occurs within these likely archaeological deposit sites may adversely affect those archaeological resources either during construction or once inhabited. While project -specific studies will be necessary to determine the actual potential for significant impacts on archaeological resources resulting from the implementation of the proposed General Plan, some general impacts can be identified based on the probable locations of new development in the UGB and known geographic features near which prehistoric resources are most likely to be located. Projects in the vicinity of ridgetops, midslope terraces, alluvial flats, ecotones, and sources of water have the greatest possibility of encountering a prehistoric archaeological resource." The project site is not located nearby a ridgetop, midslope terrace, alluvial flat, or ecotone but does include land abutting the Petaluma River (i.e., source of water). A records search of the California Historical Resources Information System indicates that the project may include or is adjacent to archaeological site "P-49-001044 (CA - SON -001117H." Should the project lead to a future development proposal to be reviewed by the City of Petaluma, the provisions of General Plan Policy 3-P-7 apply and which state, in relevant part, "Ensure the protection of known archaeological resources in the city by requiring a records review for any development proposed in areas that are considered archaeologically sensitive for Native American and/or historic remains. In accordance with CEQA and the State Public Resources Code, require the preparation of a resource mitigation plan and monitoring program by a qualified archaeologist in the event that archaeological remains are discovered." Also, as a part of preparing this Initial Study and consistent with the requirements of Public Resources Code §21083.3.1(d), the City of Petaluma provided notice to the Federated Indians of Graton Rancheria on March 29, 2016. In response, on April 15, 2016, the Graton Rancheria requested consultation with the City of Petaluma to discuss potential environmental effects to Tribal Cultural Resources. That consultation concluded, consistent with the requirements Public Resources Code §21080.3.2(b), on June 23, 2016 when the Graton Rancheria concluded the project would have no adverse effect on Tribal Cultural Resources. Because the project excludes physical changes to the environment, it is speculative and not reasonably foreseeable to determine whether its indirect changes would result in a substantial adverse change to any archaeological resources and/or tribal cultural resources. When and if the City of Petaluma were to be in receipt of a development application within the project area at a future date, it would be subject to its own project -level environmental review under CEQA where individual site characteristics would be analyzed. Therefore, the project would have no impact concerning a substantial adverse change to an archaeological resource or tribal cultural resource. Mitigation Measures: None Required 4.5 (c) (Unique Paleontoloaical Resource/Site) (No Impact): The City's UGB, including the 19 parcels proposed for annexation, is not known to contain any paleontological resources. This is reflected in the General Plan EIR's conclusion that no potential adverse impacts to paleontological resources and/or geologic sites would result from future growth or development within the UGB. Therefore, the project would not directly or indirectly destroy a paleontological resource or geologic site. No impact would result under this criterion. 12-- �1_-J Page 20 September 2016 City of Petaluma Mitiaation Measures: None Required Lomas Annexation 4.5 (d) (Human Remains) (No Impact): The project area is not known to contain any human remains, including those interred outside of a cemetery. As the project consists of a boundary change and pre -zoning without physical changes to the environment, it would not disturb any known or unknown burial of human remains. Therefore, the project will result in no impact under this criterion. Mitiaation Measures: None Required j2-�Lq' September 2016 Page 21 Lomas Annexation 4.6 GEOLOGY AND SOILS City of Petaluma Sources: City of Petaluma General Plan 2025 and EIR, Natural Resources Conservation Service's Web Soil Survey (United States Department of Agriculture), Division of Mines and Geology Publication 42 (Fault -Rupture Hazard Zones in California) effective January 2010 Setting The City of Petaluma lies within a seismically active region classified by the California Building Code (CBC) as Seismic Zone 4 where the most stringent CBC standards apply. Geologic hazards within the City of Petaluma are largely related to seismic ground shaking and associated effects such as liquefaction, ground failure, and seismically induced landslides. Principal faults in the vicinity of Petaluma are capable of generating large earthquakes that could produce strong to violent ground shaking. The Rodgers Creek Fault is located less than five miles to the northeast. Although branches of the Rodgers Creek closest to the City are not historically active (within the last 200 years), they do show evidence of activity during the last 11,000 years, which is a relatively short time in terms of geologic activity. Expansive soils and soil erosion are also of general concern within the City of Petaluma. IZ_ �Lj Page 22 September 2016 Potentially Less ThanLess Significant than No Would theroject: p Significant with Significant Impact Impact Mitigation Impact a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a ❑ ❑ ❑ known fault? Refer to Division of Mines and Geology Publication 42. ii. Strong Seismic ground shaking? ❑ ❑ ® ❑ iii. Seismic -related ground failure, including ❑ ❑ ® ❑ liquefaction? iv. Landslides? ❑ ❑ ❑ b) Result in substantial soil erosion or the loss of topsoil? ❑ ❑ ❑ c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and ❑ ❑ ❑ potentially result in on or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18-1-B of ❑ ❑ ❑ the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of ❑ ❑ ❑ septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? Sources: City of Petaluma General Plan 2025 and EIR, Natural Resources Conservation Service's Web Soil Survey (United States Department of Agriculture), Division of Mines and Geology Publication 42 (Fault -Rupture Hazard Zones in California) effective January 2010 Setting The City of Petaluma lies within a seismically active region classified by the California Building Code (CBC) as Seismic Zone 4 where the most stringent CBC standards apply. Geologic hazards within the City of Petaluma are largely related to seismic ground shaking and associated effects such as liquefaction, ground failure, and seismically induced landslides. Principal faults in the vicinity of Petaluma are capable of generating large earthquakes that could produce strong to violent ground shaking. The Rodgers Creek Fault is located less than five miles to the northeast. Although branches of the Rodgers Creek closest to the City are not historically active (within the last 200 years), they do show evidence of activity during the last 11,000 years, which is a relatively short time in terms of geologic activity. Expansive soils and soil erosion are also of general concern within the City of Petaluma. IZ_ �Lj Page 22 September 2016 City of Petaluma Lomas Annexation Expansive soil materials occur in the substrate of the clays and clayey loams in the City and represent a potential geologic hazard. Without proper geotechnical considerations, buildings, utilities and roads can be damaged by expansive soils due to the gradual cracking, settling, and weakening of older buildings. These effects create safety concerns and risk of financial loss. To reduce the risks associated with expansive soils, the City's Building Code (Municipal Code Chapter 18) requires that each construction site intended for human occupancy that is suspected of containing expansive soils be investigated and the soils be treated to eliminate the hazard. Specifically within the project area, soils are of the Yolo soil series (yolo clay loam soil) which occur on nearly level to moderately sloping alluvial fans with soils formed in fine -loamy alluvium derived from sedimentary formations. Project site soils are identified with slopes ranging from zero to five percent, according the Natural Resources Conservation Service's Web Soil Survey. Impact Discussion 4.6 (a.i) (Faults) No Impact: Pursuant to the Division of Mines and Geology Publication 42 (Fault -Rupture Hazard Zones in California) effective January 2010, the California Department of Conservation (CDC) California Geological Survey identifies no Earthquake Fault Zones within the City's UGB. Therefore, the project would have no impact due to fault -related ground rupture. Mitiaation Measures: None Required 4.6(a.ii) (Ground Shakina) Less than Sianificant Impact: As is the case throughout the City's UGB, development has the potential to expose people or structures to substantial adverse effects from strong seismic ground shaking. In the event of a magnitude 7.1 earthquake, the project area and the City of Petaluma could experience severe ground shaking that could damage buildings, structures, infrastructure and result in the risk of loss of life or property. The project does not propose any change in the physical environment; however future development would be subject to such a risk. Any future development proposal would be subject to environmental review and mandatory conformance with the city's building code. Therefore, the project would result in a less than significant impact concerning seismic shaking. Mitigation Measures: None Required 4.6 (a.lii) (Ground Failure/Liquefaction) Less than Significant Impact: Liquefaction is the rapid transformation of saturated, loosely packed, fine-grained sediment to a fluid like state as a result of ground shaking. Potential for liquefaction is most pronounced when the groundwater table is shallow (typically less than 50 feet below the surface) and the liquefaction potential becomes increasingly heightened as the water table becomes shallower. The Petaluma water table is generally found 10-20 feet below the surface. Much of the UGB falls within a "Moderate Liquefaction Hazard Level" with the area abutting the Petaluma River exhibiting a "High to Very High Liquefaction Hazard Level". The project does not propose any development and the General Plan EIR identified this potential impact at a less than significant level, as potentially unstable soils discovered during excavation are required by provisions of the building code to be removed and replaced or otherwise treated to provide adequate foundation support. Therefore, the project would result in a less than significant impact associated with liquefaction. Mitigation Measures: None Required 4.6 (a.iv) (Landslides) No Impact: The potential for a risk of landslide is dictated by several factors including precipitation conditions, soil types, steepness of slope, vegetation, seismic conditions, and level of human disturbance. Landslides often occur as a result of earthquake ground shaking and the presence of liquefied subsurface materials. Landslides have been known to occur in Sonoma County, but are typically limited to slopes 12-_�O September 2016 Page 23 Lomas Annexation City of Petaluma steeper than 15 percent and confined to areas underlain by geologic units that have demonstrated stability problems in the past. However, the project site exhibits slopes less than five percent and would not alter existing conditions through the introduction of new structures or other types of construction. Therefore, there will be no impacts related to landslides from the project. Mitigation Measures: None Required 4.6 (b) (Erosion) No Imoact: Soil erosion is a naturally occurring process. The agents of soil erosion are water and wind, each contributing to a significant amount of soil loss. The effects of erosion are intensified with an increase in slope (as water moves faster, it gains momentum to carry more debris), the narrowing of runoff channels (which increases the velocity of water), and by the removal of groundcover (which leaves the soil exposed to erosive forces). The potential for soil erosion can be accelerated and increased by cut -and -fill activities, such as may be needed for future development. When completed, surface improvements, such as buildings and paved roads, decrease the potential for erosion onsite, but can increase the rate and volume of runoff, potentially causing off-site erosion. If unmitigated, eroding soil can clog drainages, cause flooding, slope instability, and additional erosion by diverting water flow. The project would have no impact associated with soil erosion or the loss of topsoil since it excludes physical changes to the environment. Similarly, future development would be subject to mandatory water quality standards implemented through National Pollution Discharge Elimination System permit requirements; including those related to erosion from stormwater. Therefore, the proposed project will have no impact relative to both direct and indirect impact for this environmental topic. Mitioation Measures: None Required 4.6 (c) (Unstable Geolooical Units) No Imoact: Subsidence is the sudden (over a period of seconds to days) sinking of an area with little or no horizontal motion. In the Bay Area, subsidence is caused primarily by excessive groundwater or natural gas withdrawal. Natural gas withdrawal is not conducted within the UGB and therefore is not of major concern in Petaluma. However, groundwater extraction may have begun to create some land subsidence in the far northwestern portion of the Planning Area. The proposed project is not located at the northwestern portion neither of Petaluma nor within a mapped geologic hazard area. Further, the project does not propose nor would it be anticipated to result in the future extraction of groundwater within the project area. Therefore, the project would have no impact associated with unstable geologic units. ' Mitigation Measures: None Required 4.6 (d) (Expansive Soils) No Imoact: Expansive soils (clay -rich soils that swell each winter and shrink each summer depending upon the amount of seasonal rainfall) are naturally 'occurring materials found in low-lying regions and valley flood plains. Expansive soils tend to swell as they absorb water and shrink as water is drawn away. Expansive materials occur in the substrate of the clays and clayey loams in Petaluma. Buildings, utilities and roads can be damaged by expansive soils and the gradual cracking, settling, and weakening of older buildings in the Petaluma has created significant safety concerns and financial loss. Soils with high clay content occur in many valley areas throughout the city. To reduce the risks associated with expansive soils, Petaluma's Building Code requires that each construction site suspected of containing expansive soils be investigated and the soils be treated to eliminate the hazard. Therefore, the project would result in no impact under this topic. 4.6 (e) (Septic Tank) No Imoact: Some properties within the project area currently utilize septic tanks for wastewater disposal. Upon annexation into the City of Petaluma, no new septic tanks would be permitted. Rather, new development requiring wastewater disposal would be required to connect to the city's municipal sewer L2 -3j Page 24 September 2016 City of Petaluma Lomas Annexation system. Similarly, pursuant to City Council Resolution No. 8955 N.C.S, all properties would be required to connect to the city's municipal sewer system within ten years of annexation. Therefore, the project would have no impact concerning the adequacy of septic systems since no new systems would be permitted and because all existing septic systems would be required to be decommissioned. Mitioation Measures: None Required 1'2 September 2016 Page 25 Lomas Annexation 4.7 GREENHOUSE GAS EMISSIONS City of Petaluma Setting Greenhouse gases (GHGs) trap heat in the atmosphere which results in elevated surface temperatures of the Earth. This effect contributes to changes in climate conditions, referred to as climate change or global warming. GHGs are generated both from natural geological and biological processes and through human activities including the combustion of fossil fuels, industry, and agricultural. Other than water vapor, the GHGs contributing to global climate change include carbon dioxide (CO2), nitrous oxide (NZO), methane (CHA chlorofluorocarbons, hydrofluorocarbons, and perfluorocarbons. In the United States, carbon dioxide emissions account for about 85 percent of the GHG emissions. To address GHGs at the State level, the California legislature passed Assembly Bill 32 in 2006, which requires that statewide GHG emissions be reduced to 1990 levels by 2020. Senate Bill 375 has also been adopted, which seeks to curb GHGs by reducing urban sprawl. In June 2010, the Bay Area Air Quality Management District (BAAQMD) adopted revised CEQA Guidelines, which included thresholds of significance for greenhouse gas emissions. The Guidelines were subsequently updated in May 2011. The guidelines identified 1,100 metric tons (MT) of Carbon Dioxide equivalent per year (COZe/yr) or 4.6 MT/year per service population (residents/employees) as a numeric emissions level, below which a project's contribution to global climate change would be considered less than significant. In 2007, the City prepared a revised Air Quality section for the General Plan EIR to address greenhouse gas emissions. Appendix A of the 2007 Revised EIR includes all of the applicable policies from the General Plan that reduce GHG emissions. The General Plan policies are not considered a "qualified" GHG reduction strategy by the BAAQMD. As such, BAAQMD's screening threshold of 1,100 MT of carbon dioxide equivalents per year (CO2e/yr) is used to evaluate project level significance. However, as the case with this project, no development is proposed and therefore no screening thresholds were considered. Impact Discussion 4.7 (a) (GHG Emissions) Less than Sianificant Impact: The project would not result in additional GHG emissions above existing conditions since it consists solely of a boundary change and pre -zoning. Future development within the project area would be subject to subsequent environmental review including a review for compliance with BAAQMD significance criteria for GHG emissions. Therefore, the project would have a less than significant impact on the environment as a result of direct and indirect GHG emissions. Mitigation Measures: None Required 4.7 (b) (GHG Plan Conflict) No Imoact: The applicable plan' for this environmental topic concerns Policies 4-P-23 12--33 Page 26 September 2016 Potentially Less Than Significant Less than Would the project: Significant Significant No Impact Impact Mitigation Impact a) Generate greenhouse gas emissions, either directly or ❑ ❑ ® ❑ indirectly, that may have a significant impact on the environment? b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of ❑ ❑ ❑ greenhouse gases? Sources: City of Petaluma General Plan 2025 and EIR, Bay Area Air Quality Management District CEQA Guidelines 2010 Setting Greenhouse gases (GHGs) trap heat in the atmosphere which results in elevated surface temperatures of the Earth. This effect contributes to changes in climate conditions, referred to as climate change or global warming. GHGs are generated both from natural geological and biological processes and through human activities including the combustion of fossil fuels, industry, and agricultural. Other than water vapor, the GHGs contributing to global climate change include carbon dioxide (CO2), nitrous oxide (NZO), methane (CHA chlorofluorocarbons, hydrofluorocarbons, and perfluorocarbons. In the United States, carbon dioxide emissions account for about 85 percent of the GHG emissions. To address GHGs at the State level, the California legislature passed Assembly Bill 32 in 2006, which requires that statewide GHG emissions be reduced to 1990 levels by 2020. Senate Bill 375 has also been adopted, which seeks to curb GHGs by reducing urban sprawl. In June 2010, the Bay Area Air Quality Management District (BAAQMD) adopted revised CEQA Guidelines, which included thresholds of significance for greenhouse gas emissions. The Guidelines were subsequently updated in May 2011. The guidelines identified 1,100 metric tons (MT) of Carbon Dioxide equivalent per year (COZe/yr) or 4.6 MT/year per service population (residents/employees) as a numeric emissions level, below which a project's contribution to global climate change would be considered less than significant. In 2007, the City prepared a revised Air Quality section for the General Plan EIR to address greenhouse gas emissions. Appendix A of the 2007 Revised EIR includes all of the applicable policies from the General Plan that reduce GHG emissions. The General Plan policies are not considered a "qualified" GHG reduction strategy by the BAAQMD. As such, BAAQMD's screening threshold of 1,100 MT of carbon dioxide equivalents per year (CO2e/yr) is used to evaluate project level significance. However, as the case with this project, no development is proposed and therefore no screening thresholds were considered. Impact Discussion 4.7 (a) (GHG Emissions) Less than Sianificant Impact: The project would not result in additional GHG emissions above existing conditions since it consists solely of a boundary change and pre -zoning. Future development within the project area would be subject to subsequent environmental review including a review for compliance with BAAQMD significance criteria for GHG emissions. Therefore, the project would have a less than significant impact on the environment as a result of direct and indirect GHG emissions. Mitigation Measures: None Required 4.7 (b) (GHG Plan Conflict) No Imoact: The applicable plan' for this environmental topic concerns Policies 4-P-23 12--33 Page 26 September 2016 City of Petaluma Lomas Annexation through 4-P-33 of the Petaluma General Plan. Those policies pertain to issues such as funding, education, and future legislation to reduce greenhouse gas emissions. The project would not conflict with any of those policies. Therefore, the project would have no impact under this topic. Mitiqation Measures: None Required 12- 3'4 September 2016 Page 27 Lomas Annexation 4.8 HAZARDS/HAZARDOUS MATERIALS Would the project: ,noamm/»/ Significant ���� Significant Less than Significant No Impact Impact Mitigation Impact n)Create msiQn�onDthazard tothe puNk:ovthe environment env|nznruentthrough the routine transport, use, or �� Fl d�posn)nfhazardous mateho|a? �� �� �� b) Create a significant hazard to the public orthe environment through reasonably foreseeable upset and accident conditions involving the release ofhazardous El Fl materials into the environment? -- o\ Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile ofanexisting orproposed F] school? -- d\Belocated onasite that |sIncluded onalist of hazardous materials sites compiled pursuant to Government Code Section 65962.5and, asnresult, �l �7 �� �l would create msignificant hazard tothe public orthe �� �� =" �� envinonment7 e)For oproject located within onairport land use plan or, where such oplan has not been adopted, within two miles ofopublic airport ofpublic use airport, would the F� Fl Fl project result in a safety hazard for people residing or �� �� �^ working inthe project area? MFor aproject within the vicinity ofaprivate airstrip, would the project result |nasafety hazard for people �l �m/dingorworking /nthe pnjectarea? ' �� g) Impair Implementation of or physically interfere with aDadopted emergency response plan oremergency � � evacuation plan? �� �� h\Expose people orstructures hoasignificant risk of loss, injury ordeath invo|vingwi|d/and fires, including where wild/ands are acUaoentto urbanized areas or . where residences are intermixed with wiN�l|ands7 �� �� �� �� Sources: City of Petaluma General Plan 2025 and EIR, Regional Water Quality Control Board's GeoTracker database (March 2016) Department of Toxic Substances Control's EnviroStor database (March 2016); CalFire, Fire Hazard Severity Zones, Sonoma County, November 7, 2007. Setting A number of properties may cause a substance to be considered hazardous, including toxicity, ign�abU�� mn��� or reactivity. A substance b defined as hazardous if it appears on a list of hazardous'materials prepared byafederal, State, or local regulatory agency, or if it has characteristics defined as hazardous by such /3—�5_ Page 28 September 2016 City of Petaluma Lomas Annexation agency. Examples of existing hazardous materials and/or waste within Petaluma include underground storage tanks, Polychlorinated Biphenyls (PCBs), asbestos, herbicides, and pesticides. There are approximately 60 open Leaking Underground Storage Tank (LUST) sites dispersed throughout the City, and no identified "brownfield" properties. Hazardous waste management in Petaluma is administered by the Sonoma County Waste Management Agency (SCWMA) through the Countywide Integrated Waste Management Plan (CoIWMP). As required by State law, the General Plan includes the Source Reduction and Recycling Element (SRRE), Household Hazardous Waste Element (HHWE), Non -Disposal Facility Element (NDFE), as well as the Siting Element. State law requires that communities form a Consolidated Unified Protection Agency (CUPA) to manage the acquisition, maintenance, and control of hazardous waste by industrial and commercial business. In Petaluma, the Fire Marshall's Office administers the CUPA programs. The project area includes three properties with prior incidents of hazardous material release, as identified through a search of the Regional Water Quality Control Board's (RWQCB) GeoTracker database and DTSC's EnviroStor database. The sites include two LUST cleanup sites (both cases closed) and one Permitted Underground Storage Tank Facility at 1485 Petaluma Blvd South. Impact Discussion 4.8 (a -d) (Routine Transport, Unset and Accident Release. Emit within 1/4 -mile of School. Hazardous Materials Site) Less than Sianificant Impact: The project involves the annexation of land from Sonoma County into the City of Petaluma and assignment of zoning designations. No new, concurrent development is proposed. Therefore, the project will not result in any significant hazard to the public or the environment through routine transport, use, or disposal of hazardous materials, or through reasonably foreseeable upset and accident conditions involving the release of hazardous materials. No impact would result under this environmental topic. Mitigation Measures: None Required 4.8 (e -a) (Public/Private Airport Land Use Plan, Emeraencv Response Plan) No Impact: The only airport within two miles of the project area is the Petaluma Municipal Airport. The Petaluma Municipal Airport's adopted Airport Land Use Compatibility Plan does not prescribe safety criteria to the project area. The project would not impair implementation of, or physically interfere with, an adopted emergency response plan or emergency evacuation plan, nor would it alter any emergency response or evacuation routes. Therefore, no impacts related to an airport land use plan, a safety hazard near a private airstrip, and/or an adopted emergency response or evacuation plan would occur. Mitigation Measures: None Required 4.8 (h) (Wildland Fires) Less than Sianificant Impact: The project area does not involve the introduction of people or structures to a wildland fire hazard area. Therefore, a less than significant impact would occur as a result of project implementation. Mitioation Measures: None Required 12_-5(1" September 2016 Page 29 Lomas Annexation 4.9 HYDROLOGY AND WATER QUALITY Would the project: a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern on the site or area, including through the alteration of the course of a stream or river, in a manner that would result in substantial erosion or siltation on- or off-site? d) Substantially alter the existing drainage pattern on the site or area, including through the alteration of the course of a stream or substantially increase the rate or amount of surface runoff in a manner, which would result in flooding on- or off-site? e) Create or contribute runoff water that would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? g) Place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100 -year flood hazard area structures that would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? City of Petaluma Potentially Less Than Less than Significant SigWhp ant Significant Im act Impact itImpact Mitigation ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ® ❑ ❑ ❑ ® ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ j) Inundation by seiche, tsunami, or mudflow? ❑ ❑ ❑ Sources: City of Petaluma General Plan 2025 and EIR, Federal Emergency Management Agency Flood Insurance Rate Map Community Panel Number 06097CI00IG (dated October 2, 2015). Se, ttin9 The Petaluma River is the primary watercourse within the City of Petaluma and drains the Petaluma watershed (an area of approximately 46 square miles). The Petaluma River is tidally influenced and flows in a southeast direction into San Pablo Bay. The Petaluma River is used for recreational boating and water sports as well as long-standing river -dependent industrial operations. 12-3% Page 30 September 2016 City ofPetaluma Lomas Annexation Section 402 of the Clean Water Act regulates the discharge of pollutants to waters of the U.S. Locally, this is implemented through the National Pollution Discharge Elimination System (NPDES)Gunes| Permit. Requirements apply to construction activities (a.g, grading, grubbing, and other site disturbance). Construction activities on more than one acre are subject to NPDES permitting requirements including, the preparation of a Sturm VVahar Pollution Prevention Plan (SVVPPP).Tho SVVPPPNenLifieo atormwotercoUection and discharge points, drainage patterns across the site, and best management practices that dischargers will use to reduce the pollutants in stunnvnaberrunoff. Substantial flooding has historically occurred in Petaluma when aseries of' ' stormsmove the watershed,n� h�dmaintaining saturated soils and prolonged high flows In the tributary creeks. Impacts associated with a 100'yeerutomn event were evaluated against build -out within the UGB as part of the General Plan E3R. The City is located within the Petaluma Valley groundwater basin, where rivers and stream corridors typically recharge groundwater in addition to areas with impervious surfaces. The City ofPetaluma uses groundwater for drinking water supply aaanemergency supply and for meeting peak demands. The project area is located dked1v south of the Petaluma River,however it does not exhibit any hydrologic or water features (e.g., creek, pond). I Imoact Discussion �(a.f) (WaterOualitv/Waste Dischanae) No ImDact:lhe project would not violate any water quality standards or vvasha discharge requirements, nor would it otherwise substantially degrade water quality since no development is proposed. Future development onthese parcels will be subject to environmental review where site and project specific conditions would be ana|yzed. Similarly, future development would be subject to mandatory water quality standards implemented through NPDES permit requirements. Therefore, the proposed project will have no impact to water quality standards, *msha discharge requirements, and/or general water MitlontionMeosU,em: None Required 4.9 [b) Suoolvond NoDnoact As mentioned above. the City ofPetaluma relies on groundwater only in emergency situations. The project would have no effect on groundwater recharge since it excludes}changes (e.g., impervious surface) to the environment. Future deve'�mentdoes have the potential to create more impervious surfaces within the project area. However, future changes to the built environment would require any particular project hoassess this potential impact in relation totha'd use or inhenaKYnfuse and ex�Unggroundwater. Therefon�noimpact vvou|doccur togroundwater supk/'ndnacharga asaresult ofthe pnject. ' ' Mitloation Measures: None Required 4.9 (ce) Pattern, Runoff Water) Less than Sianificant Impact: The project does not propose any ohvoka| changes to the envhnnment(e.g, after the existing drainage pattern or contribute additional runoff water). Therefore, it would have no direct impact on the environment. Because the project excludes phva�a| changes hothe environment, ��speco|at�eand not reasonably foreseeable tndetermine whether ds indirect changes would result in a substantial adverse change to any drainage pattern, contribute increased stormwater to inadequate conveyance systems and/or otherwise degrade water quality. When and If the City of Petaluma were to be in receipt of development application within the project area at n future dote, it would be subject to Its own project -level environmental review under CEQA where individual site characteristics would be analyzed. Therefore, the project would have a less than significant impact relative to altering the existing drainagepattern result a way that would �u|t in substantial erosion, siltation, and/or flooding nn- or off-site, as well as runoff mmbcr that would exceed shonn*mierdrainage system capacity. MiticiabonMeoounes: None Required 4.9 (o -U (Flood Hazard, Levee orDam FeUun»` Geiche/Taunami/K8udOovv No Inlpnd: According to the current September 2016 Page 31 Lomas Annexation City of Petaluma Flood Insurance Rate Maps (FIRMS) dated October 2, 2015, Community Panel Number 06097C1001G, the project site is located outside a mapped flood hazard area (i.e., 100 -year flood zone). The project area is also not subject to potential inundation by dam failure, seiche, tsunami and/or mudflow. Therefore, no impacts are expected under the above criteria. Mitigation Measures: None Required /2-37 Page 32 September 2016 City of Petaluma Lomas Annexation 4,10 LAND USE AND PLANNING Potentially Less Than Significant Lessthan No Would thero ect: Significant p with Significant Impact Impact Mitigation Impact ❑ El ❑ a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local ❑ ❑ ® ❑ coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? ❑ ❑ ❑ Sources: City of Petaluma General Plan 2025 and EIR, Petaluma River Access and Enhancement Plan, City of Petaluma Housing Element 2015-2023, City of Petaluma Implementing Zoning Ordinance (IZO). Setting Citv of Petaluma The project is located within the City of Petaluma UGB and within the General Plan's Petaluma Blvd. South Planning Subarea. This subarea consists of mix of residential, commercial and industrial land uses. As shown at Figure 4 above, the Petaluma General Plan's Land Use Map designates the project area Mixed Use and Medium Density Residential. The Mixed Use (MU) designation allows for a maximum Floor Area Ratio (FAR) of 2.5 (including both residential and non-residential uses) and a maximum residential density of 30 dwelling units per acre (du/ac). The Medium Density Residential (RM) designations allows for a variety of dwelling types with densities ranging from 8.1 to 18.0 du/ac. The City of Petaluma Housing Element also identifies several parcels within the annexation area as vacant/underutilized sites with potential for residential development and accommodation of low- and moderate - income housing. A more detailed discussion of these sites is provided in Section 4.13 (Population and Housing). Countv of Sonoma The Sonoma County General Plan's Land Use map provides three land use designations to the project area, including: 1) General Industrial (GI) which allows all industrial uses but is restricted to Urban Service Areas (of which this area is), 2) Urban Residential which applies to residential areas within an Urban Service Area and allows for density of one du/ac, and 3) Rural Residential which provides for very low density residential development on lands with few urban services but have access to County maintained roads, and allows for a maximum density of 1.5 du/ac. Existing Sonoma County zoning designations for the project area include Heavy Industrial -68 District (M2 B8), R1 Low Density Residential -B8 District (R1 B8), and Rural Residential -B8 District (RR 68). The purpose of these zoning designations is as follows: 1) Heavy Industrial, B8 District (M2 B8) which is intended to provide areas within Urban Service Areas to permit a wide range of industrial uses, 2). R1 Low Density Residential, B8 District, planned to stabilize and protect the residential characteristics of the district, and promote and encourage a suitable environment for family life, and 3) Rural Residential, B8 District intended to preserve the rural character and amenities of those lands best utilized for low density residential development. I2®Ltcs September 2016 Page 33 Lomas Annexation Impact Discussion City of Petaluma 4.10 (a) (Divide an Established Communitv) No Impact: The project excludes physical changes to the environment that have the potential to divide an established community (e.g., roadways). Therefore, the project would not have a direct adverse impact under this topic. With regard to potential indirect impacts, the project area is already developed with arterial and local roadways and is coterminous with existing urban development. Therefore, there are no reasonably foreseeable indirect impacts due to the division of an established community. Mitigation Measures: None Required 4.10 (b) (Land Use Plan. Policv, Reaulation Conflict) Less than Sianificant Impact: The project includes the pre - zoning of 19 parcels for City zoning designations consistent with each parcel's General Plan land use designation. The project area can be described in two unofficial subareas: the parcels north of Petaluma Boulevard South and the parcels south of Petaluma Boulevard South. The parcels north of the Boulevard currently exhibit a General Plan land use designation of Mixed Use (MU), and the proposed pre -zoning for these properties is Mixed Use 1A (MU1A). The parcels south of the Boulevard are designated with the Medium Density Residential (RM) general plan designation, and are pre -zoned for the Residential 4 (R4) zoning district. Site Parcel (APN) General Plan Land Proposed Pre- Existing Use Existing Use 2 Number and Address Use Designation 1 Zoning permitted? 1:. Mixed Use MU1A :Storage, Outdoor No.:,, .1473. Petaluma_ Blvd :S . Storage Yard Maintenance/ 2 019-210-006 Mixed Use MU1A Repair No 1475 Petaluma Blvd S Service—Client Site Services Auto Vehicle 3 019-210-007 Mixed Use MU1A ..sales and No . 1501 Petaluma Blvd S Rentals 4 019-210-008 Mixed Use MU1A Storage, Outdoor No 1525 Petaluma Blvd S Storage Yard 5 019-210-010 Mixed Use MU1A Vacant/ N/A 1601 Petaluma Blvd S Undeveloped 6 019-210-038 Mixed Use MU1A Vacant/ N/A 1601 Petaluma Blvd S Undeveloped 7 01.9,-210-039 Mixed Use MU1A Vacant/ ::..: ... :. . N/A . ..:..: 1601 Petaluma,Blvd.S Undeveloped 8 019-210-009 Medium Density R4 Dwelling, Single Yes 2 Rovina Lane Residential Household Page 34 September 2016 City of Petaluma 9 019-2107036 Medium Density 3 Rovina Lane Residential 10 019-210-035 Medium Density 1450 Petaluma Blvd S Residential 019-210.-0i3 Medium Density 11 1430 Petaluma Blvd S Residential 12 13 14 019-210-014 Medium Density 1420 Petaluma Blvd S Residential 0197210-022. Medium Density 141.0, Petaluma. Blvd S Residential 019-210-021 Medium Density 1400 Petaluma Blvd S Residential 019-210-033 Medium Density 15 149 McNear-.Avenue Residential 16 019-210-029 , Medium Density 1280 Petaluma Blvd S Residential 019=210;034 Medium Density 17 0 McNear Avenue Residential 019-210-025 Medium Density 18 55 McNear Avenue Residential Lomas Annexation Dwelling, R4 Single . Yes Household Dwelling, R4 Single Yes Household Dwelling, R4 Single . Yes Household Dwelling, R4 Single Yes Household Dwelling, R4 Single -Yes Yes No Yes N/A Yes 01972107032 Medium Density . Vacant/ 19 1340 Petaluma .Blvd S Residential R4 Undeveloped N/A 1. City of Petaluma General Plan 2025. 2. If existing use is not permitted under new zoning regulations, the use will acquire a legal non -conforming status which will remain in effect until any future change in use or physical development occurs. Non -conforming situations which may result do not concern environmental effects and are referenced for informational purposes only. These proposed pre -zone designations, as shown in Table 2 above, carry out the direction for this area set forth in the General Plan and are consistent with their land uses in that: 1) the MU classification intends to exhibit a mix of uses along the Petaluma Boulevard corridor as set forth in the General Plan, of which the MU1A zoning district carries out, and 2) the Medium Density Residential (RM) general plan designation provides for a variety of dwelling types with opportunities to blend live -work or limited commercial/office uses within a residential development when abutting an arterial, of which the R4 district achieves. Therefore, by pre -zoning these parcels, there is no conflict with the General Plan and no impact would result under this criterion. 4.10 (c) (Habitat Conservation Plan) No Impact: The project area is not subject to a habitat conservation plan or a natural community conservation plan. There are no conservation plans that apply within Petaluma's UGB. Therefore, the project will have no impact to any conservation plan or natural community plan. Mitigation Measures: None Required f2 -A,2 - September 2016 Page 35 Household Dwelling, R4 Single Household R4 Dwelling, Group Dwelling, R4 Single Household R4 Vacant/ Undeveloped Dwelling, R4 Single Household Yes No Yes N/A Yes 01972107032 Medium Density . Vacant/ 19 1340 Petaluma .Blvd S Residential R4 Undeveloped N/A 1. City of Petaluma General Plan 2025. 2. If existing use is not permitted under new zoning regulations, the use will acquire a legal non -conforming status which will remain in effect until any future change in use or physical development occurs. Non -conforming situations which may result do not concern environmental effects and are referenced for informational purposes only. These proposed pre -zone designations, as shown in Table 2 above, carry out the direction for this area set forth in the General Plan and are consistent with their land uses in that: 1) the MU classification intends to exhibit a mix of uses along the Petaluma Boulevard corridor as set forth in the General Plan, of which the MU1A zoning district carries out, and 2) the Medium Density Residential (RM) general plan designation provides for a variety of dwelling types with opportunities to blend live -work or limited commercial/office uses within a residential development when abutting an arterial, of which the R4 district achieves. Therefore, by pre -zoning these parcels, there is no conflict with the General Plan and no impact would result under this criterion. 4.10 (c) (Habitat Conservation Plan) No Impact: The project area is not subject to a habitat conservation plan or a natural community conservation plan. There are no conservation plans that apply within Petaluma's UGB. Therefore, the project will have no impact to any conservation plan or natural community plan. Mitigation Measures: None Required f2 -A,2 - September 2016 Page 35 Lomas Annexation City of Petaluma 4.11 MINERAL RESOURCES Potentially Less Than Less than Would the project: Significant Significant Significant No Impact Impact Mitigation Impact a) Result in the loss of availability of a known mineral resource that would be of value to the region and the ❑ ❑ ❑ residents of the state? b) Result in the loss of availability of a locally -important mineral resource recovery site delineated on a local ❑ ❑ ❑ general plan, specific plan or other land use plan? Sources: City of Petaluma General Plan 2025 and EIR Impact Discussion 4.11 (a -b) (Mineral Resources or Plan) No Impact: There are no known mineral resources within the City of Petaluma's UGB nor in the project area. Therefore, the project would not result in the loss of availability of known mineral resources, including those designated as `locally important". Therefore, the project will have no impact under this topic. Mitigation Measures: None Required 12-4 3 Page 36 September 2016 City of Petaluma Lomas Annexation 4.12 NOISE c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? ❑ ❑ ❑ d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without ❑ ❑ ❑ the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose ❑ ❑ F1 people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project ❑ ❑ ❑ area to excessive noise levels? Sources: City of Petaluma General Pian 2025 and EIR, City of Petaluma Implementing Zoning Ordinance (IZO). Setting Existing noise sources within the City's UGB include vehicular traffic along roadways and Highway 101, trains, and industrial activities such as mechanical equipment and refrigeration units. Freight train service through Petaluma is currently irregular, and thus does not constitute a significant noise source. In the future, the addition of SMART commuter rail service will contribute to noise levels within the UGB. Petaluma's Implementing Zoning Ordinance (IZO) §21.040(A)(3)(a) limits noise generating construction activities to the hours of 7:00 a.m. to 10:00 p.m. on weekdays and 9:00 a.m. to 10:00 p.m. on weekends and holidays. For daily operational noise, both the General Plan and IZO provides guidelines and standards for acceptable levels. IZO §21.040(4)(A) establishes an hourly average level of 60 dBA as the maximum that may be generated on one land use that would be affecting another land use. Allowable levels are adjusted to account for existing ambient noise levels, though the maximum allowed noise level may not exceed 75 dBA after adjustments are made. Impact Discussion 4.12 (a -b) (Noise Standards, Groundbourne Vibration) No Impact: The project does not propose any construction activities or change in use/intensity of use which could affect the exposure of persons to or generate noise levels in excess of standards established in the General Plan, or generate excessive groundborne vibration or groundborne noise levels. Therefore, there is no impact under this category. September 2016 Page 37 Potentially Less Than Significant Less than No Would the project result in: Significant with Significant Impact Impact Mitigation Impact a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or ❑ ❑ ❑ noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? ❑ ❑ ❑ c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? ❑ ❑ ❑ d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without ❑ ❑ ❑ the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose ❑ ❑ F1 people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project ❑ ❑ ❑ area to excessive noise levels? Sources: City of Petaluma General Pian 2025 and EIR, City of Petaluma Implementing Zoning Ordinance (IZO). Setting Existing noise sources within the City's UGB include vehicular traffic along roadways and Highway 101, trains, and industrial activities such as mechanical equipment and refrigeration units. Freight train service through Petaluma is currently irregular, and thus does not constitute a significant noise source. In the future, the addition of SMART commuter rail service will contribute to noise levels within the UGB. Petaluma's Implementing Zoning Ordinance (IZO) §21.040(A)(3)(a) limits noise generating construction activities to the hours of 7:00 a.m. to 10:00 p.m. on weekdays and 9:00 a.m. to 10:00 p.m. on weekends and holidays. For daily operational noise, both the General Plan and IZO provides guidelines and standards for acceptable levels. IZO §21.040(4)(A) establishes an hourly average level of 60 dBA as the maximum that may be generated on one land use that would be affecting another land use. Allowable levels are adjusted to account for existing ambient noise levels, though the maximum allowed noise level may not exceed 75 dBA after adjustments are made. Impact Discussion 4.12 (a -b) (Noise Standards, Groundbourne Vibration) No Impact: The project does not propose any construction activities or change in use/intensity of use which could affect the exposure of persons to or generate noise levels in excess of standards established in the General Plan, or generate excessive groundborne vibration or groundborne noise levels. Therefore, there is no impact under this category. September 2016 Page 37 Lomas Annexation Mitiaation Measures: None Required City of Petaluma 4.12 (c -d) (Ambient Noise Levels. Temporary/Periodic Noise Increase) No Impact: Since the project would not result in any temporary or permanent changes in ambient noise levels and does not propose any construction, no impacts would result. Therefore, the project would result in no impact relative to ambient noise levels above existing levels or within the project vicinity. Mitigation Measures: None Required 4.12 (e -f) (Airport Noise) No Impact: The project area is not located within the vicinity of a private or public airport. Therefore, the project would have no impact under these criteria. Mitiaation Measures: None Required Page 38 September 2016 City of Petaluma Lomas Annexation 4.13 POPULATION AND HOUSING Sources: City of Petaluma General Plan 2025 and EIR, City of Petaluma Housing Element 2015-2023 Setting The City of Petaluma is currently home to approximately 59,000 residents, and comprised of a wide variety of housing stock. The 2025 General Plan proposes development of approximately 6,000 additional residential units and a build -out population of approximately 72,700. This represents an annual growth rate of nearly 1.2% per year. This General Plan build -out includes all areas identified as being located within the Urban Growth Boundary (UGB). The annexation area is comprised of 19 parcels, including three businesses, one State of California facility, and eleven single-family homes (approximations). The project would introduce new population, housing, and businesses. However, the project area is located within the UGB and has been anticipated to be annexed into the City for purposes of General Plan build -out under the General Plan EIR. Through annexation of these properties, existing housing stock would transfer from the County to the City. The City's Housing Element identifies several sites within the annexation area as being vacant/undeveloped with the potential to accommodate additional housing within the City, as shown in Table 3 below. More specifically, the Housing Element outlines more detailed information for Sites 37, 38, and 39 regarding affordable housing development incentives and requirements. The Housing Element also states the sites designated Mixed Use under the General Plan represent the greatest potential for development of affordable housing to very low -and low- income housing. M September 2016 Page 39 Potentially Less Than Significant Lessthan No Would theroject: P J Significant with Significant Impact Impact Mitigation Impact a) Induce substantial growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly ❑ ❑ ® ❑ (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? ❑ ❑ ❑ c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? ❑ ❑ ❑ Sources: City of Petaluma General Plan 2025 and EIR, City of Petaluma Housing Element 2015-2023 Setting The City of Petaluma is currently home to approximately 59,000 residents, and comprised of a wide variety of housing stock. The 2025 General Plan proposes development of approximately 6,000 additional residential units and a build -out population of approximately 72,700. This represents an annual growth rate of nearly 1.2% per year. This General Plan build -out includes all areas identified as being located within the Urban Growth Boundary (UGB). The annexation area is comprised of 19 parcels, including three businesses, one State of California facility, and eleven single-family homes (approximations). The project would introduce new population, housing, and businesses. However, the project area is located within the UGB and has been anticipated to be annexed into the City for purposes of General Plan build -out under the General Plan EIR. Through annexation of these properties, existing housing stock would transfer from the County to the City. The City's Housing Element identifies several sites within the annexation area as being vacant/undeveloped with the potential to accommodate additional housing within the City, as shown in Table 3 below. More specifically, the Housing Element outlines more detailed information for Sites 37, 38, and 39 regarding affordable housing development incentives and requirements. The Housing Element also states the sites designated Mixed Use under the General Plan represent the greatest potential for development of affordable housing to very low -and low- income housing. M September 2016 Page 39 Lomas Annexation Housing Element Parcel (APN) Owner Name and Address Site # City of Petaluma General Plan Estimated Land Use Density Housing Classification Potential 36 019-210-010 South Petaluma Partners Mixed Use 0.0 to 30.0 50 019-210-039 1601 Petaluma Blvd S hu/ac - - _ Wind Rover Partners 37 019 210 005 0 0 to 30 0 - Mixed Use � 40 - 1473 Petaluma Blvd S _ _ _; - hu/ac 38 019-210-006 Royal Petroleum Mixed Use 0.0 to 30.0 35 019-210-007 1475 & 1501 Petaluma Blvd S hu/ac Tota/ Estimated Housing Units 171 1. Excerpted from the Petaluma Housing Element 2015-2023: Residential Land Use Inventory (2014) and Residential Land Inventory Opportunity Sites Map (Attachment 2). Imbact Discussion 4.13 (a) (_Substantial Growth) Less than Sianificant Impact: The project would not create any changes in population or housing conditions outside of those already considered in the General Plan EIR. Additionally, the project would not result in the extension of any feature (e.g., roadway, utility) with the potential to induce growth. The potential impacts of growth within the project area were analyzed at a programmatic level in the General Plan EIR. As the project includes no physical development, there are no new or different potential Impacts under the project relative to what has already been analyzed in the General Plan EIR. Therefore, a less than significant impact would result under this topic. Mitigation Measures: None Required 4.13 (b -c) (DisDlacement) No Impact: The project would not result in the displacement of any people, existing housing, or necessitate the construction of replacement housing elsewhere. No development or physical changes would occur as a result of the project. Housing and the number of people would remain, and only jurisdictional boundaries would change in line with what has already been anticipated under the General Plan, since the subject project area is located within the UGB. Therefore, no impacts would occur due to the displacement of people or housing. Mitigation Measures: None Required 12--47 Page 40 September 2016 City of Petaluma Lomas Annexation 4.14 PUBLIC SERVICES Potentially Less Than Less than Would the Project: Significant Significant Significant No Impact Impact with Mitigation Impact Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: a) Fire protection? ❑ ❑ ® ❑ b) Police protection? ❑ ❑ ® El c) Schools? ❑ ❑ ® ❑ d) Parks? ❑ ❑ ® ❑ e) Other public facilities? ❑ ❑ ® ❑ Sources: City of Petaluma General Plan 2025 and EIR Setting The project site is located outside of City limits, but within the UGB, and is served by a mix of public agencies and utilities; primarily by the County of Sonoma and Petaluma City School District. Under the project, the provision of many public services (e.g.; police, fire) to the nineteen parcels and approximate 17.20 acres would transfer to the City of Petaluma. In order to offset the cost of improving or expanding City services to accommodate the demand generated by new urban development, the City charges one-time impact fees on new private development. Development impact fees are necessary in order to finance required public service improvements and to pay for new development's fair share of the costs necessary to maintain acceptable levels of service related to fire and police protection services, open space, parkland and other such public services. Fire Protection The Petaluma Fire Department (PFD) provides fire, rescue, and emergency medical services to people within the city limits as well as to a 160 -square -mile area of Sonoma County surrounding the City. The PFD responds to structural and wild fires, emergency medical service, and hazardous/toxic spills in the City of Petaluma. Police Protection The Petaluma Police Department (PPD) provides police services to the City of Petaluma and is composed of 95 full-time employees, according to the General Plan EIR. The PPD has one main police station, whereas the possibility of expansion or relocation of the department is being investigated. 12 — 4 - September 2016 Page 41 Lomas Annexation Schools City of Petaluma The City of Petaluma contains public and private elementary, junior high, and high school facilities to serve local residents, as well as the Petaluma campus of the Santa Rosa Junior College and the Petaluma campus of the University of Northern California. The City is served by four elementary school districts and one secondary school district serving populations both within and outside of city limits. The project area is located within the Petaluma City Elementary School District (PCESD) and Petaluma Joint Union High School District (PJUHSD). PJUHSD and PCESD operate under one umbrella agency called Petaluma City Schools (PCS). Petaluma is also home to two private elementary schools and one private high school, including St. Vincent de Paul Elementary and High Schools, Petaluma Christian Academy, and Petaluma Valley Day School. Charter schools include the Live Oak Charter School (K-3) and the Petaluma Charter School (K-8). Parks As discussed in Section 4.15 (Recreation), there are approximately 1,300 acres of parks and open spaces within the UGB to accommodate a wide range of uses and activities that include both active and passive recreation. Imoact Discussion 4.14 (a -c. e) (Eire and Police Protection. Parks. Other) Less than Sianificant Imnact: The project would not result in the provision of new public services (e.g., fire, police, parks, other) nor alter any existing services physically. Based on the Petaluma General Plan EIR, existing and future development within the project area would not necessitate the provision of new or altered public services. Therefore, the project would have a less . than significant impact under these environmental topics. Mitigation Measures: None Required 4.14 (d) (Schools) Less than Sianificant Impact: The project would have no direct effect on schools as existing students residing within the project area would already attend existing schools. However, the project has the potential for indirect effects through the generation of additional students through, for example, future urban development. Population growth expected under the Petaluma General Plan would include a small increase in enrollment within Petaluma City Schools District. The General Plan EIR concluded that, while the increased enrollment would exceed existing capacity within that district, this would not result in the need for new school facilities because enrollment projections for the other elementary school districts within Petaluma's UGB would decline, and elementary students could be redistributed to alleviate enrollment limitations. The General Plan EIR identifies that enrollment projections for secondary school system, the Petaluma Joint Unified High School District, are expected to decline substantially during the years covered by the General Plan. Therefore, given the above, the project would have a less than significant impact under this topic. Mitigation Measures: None Required Page 42 September 2016 City of Petaluma 4.15 RECREATION Lomas Annexation Would the project: Potentially Significant LessThan Significant Lessthan Significant No Impact �wu»mn Impact Impact a)Would the project increase the use ofexisting neighborhood and regional parks orother recreational facilities such that substantial physical El FJ -- deterioration ofthe facility would occur orbo ^ accelerated? b) NDoesthe project include recreational facilities or require the construction orexpansion of recreational facilities which might have onadverse Fl Fl F7 �3 physical effect on the environment? -- Sources: City Cityn[Petaluma General Plan 202Sand EIR Setting The City of Petaluma offers awide variety of recreational opportunities, such as parks and open spaces, trails, water access points for all types of boating, and other recreational facilities and resources. The City contains approximately 1/3OUacres ofparks and open spaces, which represents appnuimahek/1896ofthe acreage w�hin accommodate awide range ofuses and activities that include both active and passive recreation. There are no vacoaabone| amenities located within the project area. However, McNear Landing Park and River View Park are located in walking distance from the project Imomct Discussion 4.15 (a -b) (Park Use and Recreational Facilities) No Imt)act: The project would not result inadirect impact related to the increased use of parks since it excludes ohvoka| changes to the environment. With regard to potential future development (i.e., indirect impacts) the Petaluma General Plan does not identify proposed park land within the project area orvic|nity. The Project would not introduce new recreational facilities orrequire the construction or expansion of existing recreational facilities, as no physical change is proposed to the environment aspart nfthis project. By annexing the subject parcels into the City, these properties may or may not already be using surrounding recreational facilities and therefore nochange in use isanticipated. Additionallythe General Plan BRhas already analyzed potential impacts associated with parks and recreational facilities since the project area is within the City's Urban Growth Boundary. The nvni/mbi|UY/ maintenance, and management ofpark and naorcnUon fod|Ujeo are nuffitksnL to accommodate build out of the General Plan, therefore the project would result in no impacts to recreational facilities. MitigntionMeasures: None Required /7-;'O September 2016 Page 43 Lomas Annexation City of Petaluma 4.16 TRANSPORTATION AND CIRCULATION Would the project: Potentially Less Than Less than Significant ith Significant Significant Impact act P Impact Mitigation Impact a) Confict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non -motorized ❑ travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? b) Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards ❑ ❑ ❑ established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that ❑ ❑ ❑ results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or ❑ ❑ ❑ incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? ❑ ❑ f) Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such ❑ ❑ ❑ facilities? Sources: City of Petaluma General Plan 2025 and EIR Setting The City of Petaluma is bisected by U.S. 101, which serves as the primary route between San Francisco and Marin and Sonoma Counties. U.S. 101 accommodates over 92,000 vehicles per day within Petaluma. The circulation system within the City of Petaluma consists of approximately 140 miles of streets including, arterials, collectors, connectors, and local streets. The City's Traffic Impact Study Guidelines are based on industry standards and indicate that a traffic study is warranted if a project is anticipated to create either 500 trips per day or 50 trips per peak hour. If a project falls within 10% of these thresholds the City may exercise discretion in whether or not to require a project specific traffic study. As an annexation that does not propose any development, the project would not generate any additional vehicle trips. Accordingly, a traffic impact analysis was not conducted, Within the project area, Petaluma Boulevard South serves as a major arterial and McNear Avenue bounds the western edge of the project area and serves as a local collector street. Just outside of the project area, at Petaluma Boulevard South and Crystal Lane, a traffic circle was installed recently which will extend north via a new river crossing to connect with Caulfield Lane in the future. Additionally, a bus stop is located on Petaluma 12- 51 Page 44 September 2016 City of Petaluma Lomas Annexation Boulevard South in front of the Quarry Heights development, which serves the surrounding neighborhood and the proposed annexation area. Petaluma General Plan Figure 5-2 shows a planned Class I -Off Street bike lane along the northern edge of the project area (along the river) as well as planned Class II -On Street (striped) bike lanes to be constructed on both the future Caulfield Lane river crossing and Petaluma Boulevard South. Impact Discussion 4.16 (a-b,f) (Policies/Plans/Programs, Conaestion Management Plan) No Impact: The Lomas Annexation project would not conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, conflict with an applicable congestion management program, or conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities. There will be no change to the level of service at intersections, nor will the project result in substantial delays or detours. There will be no changes to transit, bicycle or pedestrian facilities as a result of the annexation project. However, as facility upgrades may be required for specific development projects in the future. Sonoma County opted out of performing Congestion Management Plans in 1997. Thus, the proposed project would not exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways. Based on the above, the project would have no impact due to a conflict with any applicable plan, ordinance, or policy related to the circulation system. Mitiaation Measures: None Required 4.16 (c) (Air Traffic Patterns) No Impact: The project would not affect air traffic patterns or result in a substantial safety risk related to airplanes. Therefore, no impact would result. Mitigation Measures: None Required 4.16 (d -e) (Design Feature Hazard. Emeraencv Access) No Impact: The proposed annexation would not introduce hazardous designs or incompatible uses related to transportation/circulation, or result in inadequate emergency access. The project does not propose any physical development or design features and therefore would not include any elements that would adversely impact site distances. Based on the above, the project would have no impact due to a site design hazards or emergency access. Mitigation Measures: None Required )2- 52 - September 2016 Page 45 Lomas Annexation 4.17 UTILITIES AND SERVICE SYSTEMS City of Petaluma Sources: City of Petaluma General Plan 2025 and EIR, UWMP Setting Wastewater Treatment The Ellis Creek Water Recycling Facility treats all wastewater generated by the City of Petaluma and the unincorporated Sonoma County community of Penngrove. The water recycling facility produces tertiary recycled water in compliance with the California Department of Health Services Title 22 requirements for unrestricted use. Treatment capacity is at approximately 6.7 million gallons per day (average dry weather flow) with actual treatment at approximately 5 million gallons per day. The project area currently does not connect to the City's wastewater system, as properties dispose of waste water through septic systems. The project area does have one sewer line and associated pump station that runs through it north of Petaluma Boulevard South. Main sewer lines are located within major roads surrounding the project area and would be able to serve annexed properties. Storm Drains Within the City of Petaluma, storm drains convey runoff from impervious surfaces such as streets, sidewalks, and buildings to gutters that drain to creeks and the Petaluma River and ultimately the San Pablo Bay. This water is often untreated and carries with it any contaminants picked up along the way such as solvents, oils, fuels and k2--5-!� Page 46 September 2016 Potentially Less Than Less than SignificantWith Would the project: Significant Significant No Impact Impact Mitigation Impact a) Exceed wastewater treatment requirements of the ❑ ❑ ® ❑ applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing ❑ ❑ ® ❑ facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, ❑ ❑ ® ❑ the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the ❑ ❑ ® ❑ project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has ❑ ❑ ® ❑ adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity ❑ ❑ ® ❑ to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and ❑ ❑ ® ❑ regulations related to solid waste? Sources: City of Petaluma General Plan 2025 and EIR, UWMP Setting Wastewater Treatment The Ellis Creek Water Recycling Facility treats all wastewater generated by the City of Petaluma and the unincorporated Sonoma County community of Penngrove. The water recycling facility produces tertiary recycled water in compliance with the California Department of Health Services Title 22 requirements for unrestricted use. Treatment capacity is at approximately 6.7 million gallons per day (average dry weather flow) with actual treatment at approximately 5 million gallons per day. The project area currently does not connect to the City's wastewater system, as properties dispose of waste water through septic systems. The project area does have one sewer line and associated pump station that runs through it north of Petaluma Boulevard South. Main sewer lines are located within major roads surrounding the project area and would be able to serve annexed properties. Storm Drains Within the City of Petaluma, storm drains convey runoff from impervious surfaces such as streets, sidewalks, and buildings to gutters that drain to creeks and the Petaluma River and ultimately the San Pablo Bay. This water is often untreated and carries with it any contaminants picked up along the way such as solvents, oils, fuels and k2--5-!� Page 46 September 2016 City of Petaluma Lomas Annexation sediment. The City hos implemented o storm drain labeling program to provide m visual reminder that storm drains are for rainwater only. The City's 5tormwater Management and Pollution Control Ordinance, set forth in Chapter 15.80 of the City's Municipal {ode establishes the standard requirements and controls on the storm drain system, All activities must adhere tmthe City's SbormwaherManagement and Pollution Control Ordinance, as well as the policies set forth in the General Plan. Some portions of the project area convey atonnweterto the City's conveyance system (e.g, Petaluma Boulevard South, MoNcarAxonue, and Nadine Lane). Water Service Svstem The City of Petaluma Water and Conservation Division of the Public Works Department is the water purveyor within the city limits and, inlimited situations, also serves adjacent unincorporated properties, The City purchases potable water wholesale from the Sonoma County Water Agency whose primary source of water is supplied by the Russian River and supplemented with groundwater from the Santa Rosa Plain via the Petaluma Aqueduct. The City ofPetaluma also ne|kas on groundwater although only for an emergency water supply in the event that S[%NAwater deliveries one curtailed and to offset peak demands. Water mains are located within Petaluma Boulevard South, McNssr/kenue, Nadine Lane/ Lena Lane, and Jacquelyn Lane, all surrounding the project area (but not within the annexation enaa). As shown at Figure 5below, city utilities (water, sewer, storm drain) currently exist underneath major mads surrounding the project area. PROPOSED LOMAS ANNEXATION _J -1JTILIT4ES-(C-1TYY--- ell So � Sewer Water Stoffn Drain N 11 4.17 (a, e) Treatment Less than Sianificant Imoact: The project would have September 2016 -b 12- Page 47 � { Lomas Annexation City of Petaluma no direct impact on the treatment of wastewater since it is presently served by individual septic systems. As mentioned above, pursuant to City Council Resolution No. 8955 N.C.S, all properties would be required to connect to the city's municipal sewer system within ten years of annexation. This future (or perhaps sooner through individual development projects), indirect impact on the ability to treat wastewater from the project would result in a less than significant impact. The General Plan EIR identifies that, with the completion of the Ellis Creek Recycling Facility (already constructed), the City will be able to serve all wastewater treatment needs of the entire UGB (which includes the project area) and that no significant impacts related to wastewater treatment would occur. Therefore, the project would have less than significant impacts due to insufficient wastewater capacity. Mitigation Measures: None Required 4.17 (b -c) (Water/Wastewater/Stormwater Facilities) Less than Sianificant Impact: The project would have no direct impact under these criteria since it neither proposes nor would it require at this time the construction or expansion of water, wastewater, or new stormwater drainage facilities. With regard to potential indirect impacts, future development within the project area will require the construction of minor extensions to the City's existing water, wastewater and stormwater facilities in the vicinity of the project area. However, it is speculative and not reasonably foreseeable to determine whether such connections would result in significant environmental effects. When and if the City of Petaluma were to be in receipt of a development application within the project area at a future date, it would be subject to its own project -level environmental review under CEQA where individual site characteristics would be analyzed. Therefore, the project would result in no impact under these criteria. Mitiaation Measures: None Required 4.17 (d) (Water Suoolies) Less than Sianificant Impact: The project would have no direct impact concerning water supply since it would not, through annexation and prezoning, create new demand. However, the project has the potential for indirect effects through the creation of new demand vis-a-vis future urban redevelopment. In evaluating the sufficiency of water supplies to meet existing water demands in addition to water demand generated by the project, the City has compared General Plan 2025 projected water demand to actual use through December 2012. The results of that comparison find that potable water demand is well within the available SCWA supply, both for this project, and for cumulative demand through 2035 as set forth in the 2010 Urban Water Management Plan. The 2010 Urban Water Management Plan updated the General Plan 2025 water analysis and further refined a water supply program that relies upon water from SCWA, recycled water (potable offset), and conservation. As noted in General Plan 2025 Policies 8 -P -5-C and 8-P-19, the City also anticipated continuing use of groundwater to meet emergency needs and to offset peak demands. Per Policy 8-P-4 of the Petaluma General Plan 2025, City staff is required to monitor actual demand for potable water in comparison to the supply and demand projections in the 2006 Water Supply and Demand Analysis Report. In April 2015, staff compared actual demand for potable water to an annual SCWA supply limit for Petaluma of 4,366 million gallons per year (13,400 acre-feet) and a peak supply limit of 21.8 million gallons per day. In both instances, potable demand is well within available SCWA supply capacity. For the Year 2015, the projected demand is less than 10,000 acre-feet. Tiered water rates, conservation efforts, and the conversion of Rooster Run Golf Course to recycled water have in recent years kept annual and peak demands within the available SCWA supply. These conservation efforts will be enhanced through the implementation of mandatory measures imposed through the Stage 2 Water Shortage Contingency Plan. The existing water supplies, facilities and infrastructure are sufficient to meet the demands of the project without the need for a substantial expansion or new construction. A standard condition of approval from the Petaluma Department of Water Resources and Conservation requires that the project comply with the City's Water Conservation Ordinance for interior and exterior water usage. Water demand onsite would be limited through efficient irrigation of the landscaping and water efficient fixtures and appliances indoors, consistent with requirements established by the CalGreen Building Code. Therefore, the project impacts to water supplies and infrastructure would be less than significant. /2-- -�'5 Page 48 September 2016 City of Petaluma Mitiaation Measures; None Required Lomas Annexation 4.17 (f -al (Landfill Capacity and Solid Waste Disoosal) Less than Significant Impact: The amount of solid waste expected to be generated by the project is consistent with the service needs anticipated by the Petaluma General Plan and evaluated in the General Plan EIR. The City's franchise solid waste hauling agreement also requires the franchise hauler as part of its contractual obligations to select properly permitted Approved Disposal Location(s) with adequate capacity to serve city service needs. The project area currently and upon annexation would continue to contribute to the generation of solid waste within the UGB. Solid waste disposal facilities are owned and operated by the Sonoma County Department of Transportation and Public Works. The project's level of contribution is minimal and considered as part of the General Plan EIR impact analysis. Therefore, the project will have a less than significant impact to the disposal of solid waste. Mitiaation Measures: None Required September 2016 Page 49 Lomas Annexation City of Petaluma 4.18 MANDATORY FINDINGS OF SIGNIFICANCE (CAL. PUB. RES. CODE §15065) A focused or full environmental impact report for a project may be required where the project has a significant effect on the environment in any of the following conditions: Potentially Less ThanLess than Would the] ro ect: Significant Significant Significant No p with Impact Impact Mitigation Impact a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or ❑ ❑ ® ❑ animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are ❑ ❑ ❑ considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects, which will cause substantial adverse effects on human beings, either ❑ ❑ ® ❑ directly or indirectly? Imaact Discussion 4.18 (a) (Dearade Environment, Reduce Habitat or Population) Less Than Significant Imoact: The project site is located within the City of Petaluma UGB and is considered as part of the development and activities anticipated by the City's General Plan and associated EIR. The proposed pre -zoning as part of annexation is consistent with General Plan land use, goals, policies, and programs. Any future development would be subject to CEQA on an individual project basis and would be analyzed for potential impacts to the quality of the environment, habitat of fish and wildlife species or populations, plant or animal communities, rare or endangered plants or animals, or examples of major periods of California history/prehistory. And if necessary, a biological and/or cultural report would be prepared for future projects to analyze such effects. Therefore, the project would have less than significant impacts to the environmental criteria described herein. Mitigation Measures: None Required 4.18 (b) (Cumulatively Considerable Impacts) No Impact: The project is consistent with the City's General Plan in that the area proposed for annexation is within the UGB and has already been anticipated under the General Plan EIR. Similarly, the potential cumulative impacts of future development projects within the project area have also already been analyzed in the General Plan EIR. The impacts of all anticipated development have been disclosed, analyzed, and mitigated to the extent feasible in the General Plan EIR. Therefore, the project would result in no impacts that are individual limited but cumulatively considerable. Mitigation Measures: None Required 4.18 (c) (Environmental Effects on Human Beinos) Less Than Significant Impact: The project would not on its own (2 - 5-7 Page 50 September 2016 City of Petaluma Lomas Annexation directly affect the environment or human beings. The development potential indicated by the General Plan and Housing Element is consistent with the environmental impacts previously evaluated in the General Plan EIR. There are no new impacts that would result from their implementation relative to what has already been analyzed, and future development would be subject to CEQA and be analyzed for impacts to all environmental categories. Therefore, the project would result in less than significant impacts to human beings. Mitigation Measures: None Required September 2016 Page 51 Lomas Annexation City of Petaluma S. REFERENCE DOCUMENTS Bay Area Air Quality Management District, 2010 Clean Air Plan Bay Area Air Quality Management District, CEQA Guidelines, May 2010 City of Petaluma, General Plan 2025 City of Petaluma, General Plan 2025 EIR City of Petaluma, Housing Element 2015-2023 City of Petaluma, Implementing Zoning Ordinance City of Petaluma, River Access and Enhancement Plan Division of Mines and Geology, Publication 42 (Fault -Rupture Hazard) Department of Toxic Substances Control, Envirostar Database, accessed March 2016 Federal Emergency Management Agency Flood Insurance Rate Map, Community Panel Number 06097C1001G, October 2, 2015 Regional Water Quality Control Board, Geotracker Database, accessed March 2016 United States Department of Agriculture: Natural Resources Conservation Service, Web Soil Survey, accessed March 2016 City of Petaluma, Urban Water Management Plan Technical Appendices: None Prepared. Page 52 12 - .Sq September 2016