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HomeMy WebLinkAboutResolution 91-283 09/16/1991.. ~. Resolution No. 91-283 N,~,~, of the City of Petaluma, California 1 ORDERING TERRITORY DESIGNATED AS 2 ANNEXATION NO. 91-3 (SUNNYSLOPE) 3 ANNEXED TO THE CITY OF PETALUMA 4 WHEREAS, the Local Agency Formation Commission of the County of 5 Sonoma, State of California, after holding a public hearing, adopted its 6 Resolution No. 2098 on August 1, 1991, making determinations and findings and 7 approving the proposed annexation to the City of Petaluma of territory described s in Exhibit A attached hereto and by this reference incorporated herein; and, g WHEREAS, the reason for this annexation is for orderly growth in to compliance with the City's adopted General Plan; and, 11 WHEREAS, a public hearing on this annexation was held by the City 12 Council on September 16, 1991; 13 NOW, THEREFORE, ~E IT RESOLVED this Council finds and 14 determines that: 15 1. The value of written protests filed and not withdrawn prior to the end 16 of the public hearing is less than 25 percent of the registered voters 17 residing within the territory proposed to be annexed and less than is 25% of the .number of owners of land owning less than 25 percent of 19 the assessed value of land within the territory; and, 20 2. The territory described in Exhibit A shall be annexed to the City of 21 Petaluma; and, 22 3. The City Clerk is hereby directed to transmit a certified copy of this 2s resolution with applicable fees as required by Section 54902.5 of the 24 Government Code to the Executive Officer of the Local Agency 25 Formation Commission of Sonoma County. 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 Approved as to Council of the City of Petaluma at a (Regular) (Adjourned) (Special) meeting form on the .......-16th.----.. day of ..._Seetember ................................ 19---91• by the -~ /~ following vote: '- City Attorney AYES: Read, Davis, Cavanagh, Sobel, Nelson, Vice .Mayor Woolsey, Mayor Hilligoss NOES: None ABSENT: Non _ . ATTEST : ... ..........:.......... ....'..... ........ ...:........_ .... City Clerk Mayor cb~Qi F,2~.....7.a~.-.o.4.-........ CA 10-85 Res. No. f~~ .................. N.C.S. EXHIBIT A Resolution No. 2098 575 Administration.Drive Santa Rosa, California August 1,,_1991 RESOLUTION OF THE.LOCAL AGENCY FORMATION COMIvIISSION OF THE COUNTY _ .. _ OF SOIVOMA CERTIFYING THAT THE CQMMISSION?HAS REVIEWED'THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE'PROP,OSED` SUNNT'SLOPE ASSESSNIENT;DISTRICT AND ANNEXATION, MAKINGFIIVDINGS REGARDING SAID ENVIRQNIV~NTAL_IMPACT REPPORT', ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, AND MAKING DETERMINATION'S AND APPROVING THE PROPOSED ANNEXATION OF'TERRITORY DESIGNATED AS: .ANNEXATION N0.91-3 (SUN. NYSLOPE) TO THE•CTI'Y OF'PETALUMA RESOLVED; by the.Local Agency Formation. Commission of°the County of Sonoma, State of California, as follows: WHEREAS.,, an application for-an.annexation to the~City;of`Petaluma ("proposal") was heretofore filed by the County of Sonoma and City of Retaluma and accepted for filing~on July 16, 1991, by the Executive Officer pursuant to Title 5, Di"vision 3, commencing-with Section 56000, of the Government Code; and WI=IEREAS, the Executive .Officer, pursuant to Government°Code Section.56833; has reviewed the proposal and prepared a.rreport, including recommendations thereon, and furnished a copy of this report to-each person'. entitled to. a copy,; ;and WHEREAS.;. the Executive Officer; pursuant to Government Code Section 56828; set August 1, 1991, as the hearing. date on this proposal and gave the. required` notice of hearing; and WHEREAS, the County`of Songma~s the lead agency for the proposal under.the California Environmental Quality Act ("CEQA") and the State CEQA~Guid'elines and has certified the final Environmental Impact Report (EIR) for the proposal and adopted findings as: required by Section 21081' of the Public Resources Code~and Section 15091 of the~State CEQA:Guidelines on September 19, '19:89, by Resolution No. 89 '1783; and WHEREAS, this Commission, is a.responsibie agency for the proposal, under CEQA and' the State CEQA Guidelines'and as such mus't,consider the environmental effects of the proposal'as shown in the: E~iR and snake the fuidings:required by `Section 2,108`1 of the. Public Resources Code and Section. i 5091 of the State CEQA Guidelines; and WHEREAS, this Commission called the ;proposal forpublic' hearing on .August 1,.19.91, and at the hearing., this .Commission heard from :interested "parties, considered the proposal and the report of the Executive, Officer; and:considered the factors determined~lby he Commission; to be relevant to the proposal, including, but not limited to, the factors sped ed in, Section 56841 of the Government Code; ~ . NOW, THEREFORE, the Local Agency Formation Commission of the~County of Sonoma does hereby .find, determine, resolve, and order as follows: 1. -Each of ahe foregoing recitals is true and correct, and they are adopted and ratified in their entirety by`this' Commission. '2.. Notice: as required by law was given. _ 3. All' persons desiring to be fieard regazding~the°proposal havebeen given the. opportunity to be~tieard and all persons requesting to be heard'have been heard'. 4. This Corn-mission has considered,;the epvironmentaleffects of the proposal as shown in the EIR and adopts by .reference the; findrngs of the 'County:of Sonoma as set-forth in Resolution No. 89- T783, subject to the following additional comments .and findings: a. Thee County of Sonoma, as lead' agency, has required or°ncorporated changes or alternations'rri.the~proposal thaf.substanaally lessen. or eliminate the:signifeant environmental . effects identified~in the E~IR. Changes andalterations :under the jurisdiction of the'County of Sonoma~and the City of Petaluma ate identified in Parts 1 and 2', respectively, of Attachment A of the above-referenced:resolution ' b.Such changes and alterations are within. the: responsibility and jurisdiction of the County of Sonoma and/or the City of Petaluma-:and not this' Commission. c. The EIR identifies:"potentialagnificant effects of'the project which are unavoidable. They are as follows: 1;) Lind "'Uce and ORe~pace: Significant,, alteration of rural character due to the :.replacement of approxiinately'90 acres of open space and potentially productive agricultural land with urban uses: ~) ,~oulation and Houstn including development of approximately g33ignifcanrincrease in.population and housing growth, ' 0 new housing urii[s.and population increase of approximately 445 to 470 persons; in addition to the inclusion of~existing housing units and population in'the City limits. - 3) Trortation: Project-related traffic increases would contribute to cumulafive traffic increase~and related operational andneghborhood' quality impacts in southwest Petaluma. 4.).Vst~al: Views of rural undeveloped,areas,and the rural character of South D ' Street and Sunny§lopeRoad would tie replaced by suburban-type-.development. 5:) Municipal Services: There would be°an.increase for all municipal services, including. water,; sewer, fire-and police protection, schools, community park facilities, solid` waste disposal, sand road;maintenan~e. 6)1Voisec Constructign andproject-related increases in traffic will increase noise. " 7) Air_Quality_ Project-generated raffic would:contribute to significant cumulative locale. and regional increases in the levels of air~pollutants. 3: As'to the significant environmental .effects identified'in this resolution which are not ,mitgated,or substantiahy lessened, the Commission finds:thatthe specific economic, social, or other considerations make infeasible full' mitigation of those :impacts. aril make project alternatives infeasible.'The Commission~has weighed the benefits of the_proposal, against its unavoidable adverse: environmental effects identified,n~the Final EIR.and hereby deten-nines that;those benefits outweigh the. risks and„adverse environmental effects and therefore further determines that these environmental; impacts are`"acceptable" and hereby finds that there are ovemding considerations which mitigate toward approval of the proposal: ' a. Lands included in the proposal boundary is wtliin the adopted sphere, of influence of the Ctry of~Petaluma,and will make the southwest~boundary of the City more logical`fn that muncipah services can' be more eff ciently provided bythe- City than the County of Sonoma. b.:The project will allow for the developmenti of additional housing sites. c. The project wilh`improve the project area infrastructure. . d. Approval' of the. proposal would make it possible for residents to receive a higher level of municipal services. 6. The Commission makes the.follgwing;additonalcomm~nts and findings as to the significant effects'~of the proposal based upon the aforementioned Counry~of Sonoma findings and testimony at thepublic'hearing: ,. . a. As required by mitigation measure #72. in Part 2 of Attachment A of the_above- ' ~ ~ referenced'resolution, the Cty.of'Petalumahas prezoned:areas Tand U toPlannedUnit District, which would ~perrriit the use of cluster development;designs which would allow the preservation of oak savannah open space. b. As required'by mitigation measure #3b; the Cityof Petaluma has included an expression of intent to abide by maximum:;development.potentals for'~future development, based on'development,potental estimates established by the Sunnyslope Assessment District procedures andJor.the;EIR. The maximum' development potentials for future'development are~shown in Exhibit "A'" of .City of Fetalurria Resolution'No. 91-152. c. Tte County of Sonoma has provided an analysis of~alternatves to ,the project and has determined,that alternatives with reduced;development;densities: could,reduce:envirgnmental ~~impactsbut would not be feasible.economically:because reducing,densities would:increase individual. assessments'(of the Sunnyslope Assessment District) to aii unacceptable level. 7: The proposal is approvedaubjecrtg the following condition:. a, Payment of-processing fee of$1600. 8. Approval of the proposal will have.nq effecron rriaintainigg the~physical and economic integrity of'any agricultural.preserve thaf,migh't be considered within the sphere of influence of any ageney'include~d ~in the proposed annexation. .9.'The boundary:of the~territory to be annexed, as setforthin the proposal; are hereby apprgved 'as .descrbed:in Exhibit "A.'` .attached thereto and' incorporated herein by this reference. •Said'terrtory's found;to be: inhabited, ands assigned the following~distinctive short form designation: "Annexation No. 91-3 (Sunnyslope)'". ' . . 10.'The City of Petaluma is designated as `the conducting"authority and the legislative body thereof is`.hereby-directed to `initiate annexation proceedings with notice and hearing and in • compliance with this resolution. 11, The:Ezecutive.C+fficer':is hereby autliorized.and directed to mail certified copies of this Resolution in the manner`and as provided in Government Code 56853. The:foregoing'resolution' was introduced af,,a regular meeting;of,this Local Agency Formation Commission on,the lst day of August, '199.1, by Commissioner Wilkey; who moved its adoption, seconded by Commssoner'Espos't`,. and~grdered adopted by •the following voter Commissioner Hopkins Aye Commissioner Espost Aye Commissioner-Collins Aye Commssioner•Carpenter Aye Commissioner Wilkey Aye Ayes: 5 Noes: 0 Absent or not voting: U WHEREUPON, the Chairman,declared the foregoing resolution adopted, and SO ORDERED ATTEST: ~~ e--> Tom Schopflin, Executive er The within instrumentis a correct copy of the original on f le in. this office. ATTEST: ~ ~.~~ / g 9~ BY: .. Clerk • R~~. ~j~,~ :! ~~ p w~ ^ ;epos. ,. t r, ~~~~~~~ # ~ #' 15 019-:130-Q7 16 X019='.130=08 18, O1A-130-11 19 0.19-130-43 27 0.19-130-39 41 O19-14Q-55 44 0.19-140-35 45' 019-140-38 52 0:1'9-:140-48 53 019-140-50 54 019-140-51 55 019--14.0-52 56 019=140-53 64 019=150-08`' 69 019-150-17 7U 019-150-18 71 019-150-19 72 ~ U19-15U-2U 7,3'. 019-15:0-21. 9.3 ~ 019-.160-34 94 019-160-35~ 95 0:19-160-37 ..102 019-192-11 122 ~ 019-201-U1 123 ~ "019=2U1-U2 125 019-201,-06 -126: 019-2U1-:10 127` 019-201-1-1 128 019=2U1-=12 13..1 '019-201-17 132 0.19-201-.18 133 019-201-21 134 019-2U1-22 ,13'5 019-20.1-24 136 019.2b1-25 137 ~ 019=203-01 138 '019-203-02 141 019'-203-06 142• ~ 019=203'-07 143 019-2U3=08 Dev, .Potential Exist: Land LJse I 1 2 1 1 4 1 1 - 2 1 1 •1 2* 1 3 3 1 5 5 2 1 2 0 3. 1 5 1 ,. 1 1 2 6 3 1 2 5 11 8 10 11 13 -Amended by City Council 6%3/91 - ~ ~: Area l; per 5unnyslope -Final .Environmental Impact Report -1Vlarch 1989 - ~ 1 019-160-18~ 3' 2 019-193-29 2 ~~ 3 019-193-28 1 4 0;19-193-30 1 5 019-.193-34 1 6 019-193-33 .1 , , 7 •Oi9=193-35 3 Area.3 per.Sunnyslope Final Enyironmental,~Impact'itepor -1Vlarch 1989 - 1 ~ 019=120-3'1 , 14 2 019-1.20-23' ~ 6 3 019.-ti13(~4.1 1 4 019-130=40 2 • 5 019=:130 2U 1 - -. ,Assessment .reference number Sunnyslope ~ Assessment District Engineers Report; ~. 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