HomeMy WebLinkAboutResolution 90-007 N.C.S. 01/02/1990.. -.
~,~ ~ resolution No: 90-0~ N:C.S.
of the City of Pet~~luma, Californi~~
1 ORDERING TERRITORY DESIGNATED AS
2 ANNEXATION NO. 89-3 (CORONA/ELY)
3 ,DETACHED FRQIVI PE'NNGROVE FIRE PR'O'TECTION DISTRICT AND
4 ANNEXED. TO THE CITY OF PETALUMA
5 Whereas, the Local Agency Formation Commission of the County of
6 Sonoma, State. of California, adopted its Resolution No. 2020 on November 2, 1989,
7 attached hereto as Exhibit A and made apart. by this reference, making
8 determinations. anal approving the proposed annexation to .the City of Petaluma of
9 territory whose legal description is set forth in the Exhibit to LAFCO Resolution
10 2020 attached hereto.; and,
11 Whereas, the reason fore this annexation is for orderly growth in compliance
12 with the City's adopted General.. Plan; and,
13 Whereas, a public hearing on this annexation was called for and held by this
14 Council on January 2, 1990, and this Council finds and determines that the value of
15 written protests ,filed and not withdrawn is less that. 25 percent of the registered
15 voters residing within the territory proposed to be annexed and less than 25% of the
z 7 number of owners of land owning less than 25 percent of the assessed value of-land.
18 within the territory; and,
19 Whereas, seven parcels are currently covered by Williamson Act contracts
2 o with the County of Sonoma:
21 Now, therefore, be it resolved
2 2 1. That the City Council of; the City of Petaluma hereby orders -the territory
2 3 described in Exhibit A annexed, and directs the City Clerk to transmit a certified
2 4 copy of this resolution with applicable fees as required by Section 54902.5 of the
2 5 Government Code to the Executive Officer of the Local Agency Formation
2 6 Commission of Sonoma, County. .
Gy2~
k„ '~ ~
s~'
C :~~-
y
C~~
~t~. ;a
-~~
~_.,'~
c.
~~
H,~. ~~......90-07...... sc.s.
,,,
1 2. Pursuant to Government Code Section 51243(b), the City Council of the City
2 of Petaluma Hereby declares its intention not to succeed to the respective
3 Williamson Act contracts currently on the Sonoma Parkway Company (137-060-01),
4 Cader (136-129-05, 18, 22, and 23), and McDowell properties. (136-080-O1 and 07).
5 Said contracts were protested at the time they were: entered into by the City of
6 Petaluma under the applicable provisions of the Williamson Act; and Sonoma
7 County LAFCO upheld each of :the protests.
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
meetin form
Council of the City of Petalumfl at a (Regular) (A~j»x~~ci~ g
' _ ~~
on the ....2315 .............. day of ............laxlt~.axy.............................., 19...9 L1, by the ,_._- y-
following vote: ` !- ~` ~'
City Attorney
AYES: Tencer, Woolsey, Cavanagh, Balshaw; Davis-, Vice Mayor Sobel, Mayor Hilligoss
NOES:: 0 '
-
...
ABSENT;: 0 •- -
r
ATTEST: ---...:. ----------
ity Clerl: Mayor
Council File.._ ...............................
c~ io-s5 Kes. uo....:90.-Q7 ............:v.cs.
,,.
esolution No. 2020
575 Administration Drive
Santa Rosa, California
November 2, 1989
RESOLUTION. OF~LOCAL AGENCY FORMATION COMMISSION
OF THE COUNTY O.F SONOMA, STATE OF CALIFORNIA, .MAKING
FINDINGS .REGARDING THE FINAL ENVIRONMENTAL IMPACT
REPORT FOR THE CORONA/ELY SPECIFIC PLAN,- ADOPTING A
STATEMENT OVERRIDING OF CONSIDERATIONS", AND'MAKING
DETERMINATIONS .AND. APPROVING THE'PROPOSED REORGANIZATION
OF TERRITORY DESIGNATED AS: REORGANIZATION N0. 89-3
(CORONA/ELY) INVOLVING ANNEXATION ,TO CITY OF P.ETALUMA
AND DETACHMENT FROM:PENNGROVE FIRE PROTECTION DISTRICT
-RESOLVED; by the Local Agency 'Formation Commission of the County of
Sonoma, State of California, as follows:
WHEREAS, a petition for the proposed reorganization of territory
involving annexation to the City of Petaluma and detachment from Penngrove
Fire Protection District was he"retofore filed by Doyle Heaton dba Cherry Lane
Assoc. and accepted for filing on August 16., 1989 by the Executive Officer of
this Commission pursuant to Title VI,, Division 1, commencing with Section
56000 of•the Government- code; and
WHEREAS, the Executive Dfficer, pursuant•t.o•Goverriment Code Section
56833';. has reviewed the .proposal and prepared, a report including
recommendations thereon, and has 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 September 7, "1989 as~the hearing date on this proposal and gave the
required notice of hearing; and
WHEREAS, the City of Petaluma.is the .lead. agency for the proposal under
the Cal_,fornia Environmental Quality Act .("CEQA"J and the State CEQA
Guidelines and certified the final .Environmental Impact Report (FEIR) for the
proposal and adopted the findings required by~Section 2T081 of the Public
Resources Code and Section 15091'of the State CEQA Guidelines on May 1, 1989,
by Reso_lu'tion No, 89-122, and adopted' a Statement of Overriding Considerations
for' the' proposal 'on May 1„ 1989, by Resolution No. 89-123; and
WHEREAS, this,`Commission is a responsible agency for-the proposal. under
CEQA and the State CEQA guidelines and as ,such ,must consider the environmental
effects ,of the proposal as shown in the FEIR. and make the .findings required. by
Secton•,21081'of the Public Resources~Code and Section 15091 of the Sta e CEQA
Guide Ines, and adopt a Statement of Overriding Considerations for the
proposal; and'
.. - 1 -
EXHIBIT A
WHEREAS, this Commission called the proposal for public hearing on
September 7, 1989, heard :from the interested parties:, c'on_sdered the proposal
and" the report of the Executive Officer, and considered the factors determined
by the Comm.is's.ion to be relevant to the proposal, including, but not limited
to, the factors specified in Section 5.6841 of the Government Code;
NOW, THEREFORE, the Local Agency Fo"rmaton Commission of the County of
Sonoma does hereby find, d°etermine, resolve and order as follows:
1. The ,proposal is hereby identified on Exhibit "A" as attached and
•is amended to include the properties "Gatti" and "Liberty
Farms". Such properties have been prezoned by the City of
Petaluma.
2. This Commission.. has considered the environmental effects of the
proposal. a's shown in the FEIR and :adopts by reference the..
Corona/Ely Sp.ecife Plan, the Financing Plan and the findings of
the City of Petaluma set forth in Resolution No. 89-122, subject
to the following additional comments and findings:
a. The City o.f P,etaluma, as lead agency, has required or
incorporated changes or alterations in the proposal that
substantially lessen or eliminate the significant '
environmental effects identified in the FE IR.
b. Such changes or alterations are wibhin the responsibility
and juristic Lion of the City of.Petaluma and.not'bhis
Commission.
3. This Commission adopts by reference the Statement of Overriding
Considerations. approved 6y the City of Petaluma on May 1, 1989,
by Resolution No. 89-123, subject to the following-additional
comments and findings:
a. The FETR identifies six unavoidable and irreversible adverse
impacts that cannot be significantly alleviated by the
mitigation measures recommended in the FEIR. They are land
use, visual, noise, air quality,=, and industrial development..
This Commission finds that these six impacts require a
Statement of Overriding Considerations.
b. This Commission adopts the six overriding considerations
listed by the City on pages two and three of Resolution No.
89-123.
c. This Commission, ,finds that implementation of the proposal
would.."result in the following additional substantial public
benefits:
(1) The proposal will pro.yd.e economical benefits to -the
county and region .as a whole and provide its fair share
of regional growth.
- 2 -
(2) The housing development anticipated by the proposal
will, in conjunction with developer mitigation and
other funds, provide other needed infrastructure as a
result of the project and for the benefit of the area
as a whole.
(3) The proposal's conformance to phasing mechanisms and
policies which limit and cor"relate population growth
with .pu6lie services needed will serve such growth and
help to assure balanced development in the City and the
County.
(4) The project is consistent with City and County policies
regarding community-centered growth and permit the
orderly clustering of new development in suitable
areas.
d. This Commission has weighed. the benefits of the proposal
listed above and in the Final Environmental Impact Report
against its' unavoidable environmental risks and adverse
environmental effects identified in the FEIR and hereby
determines- that those benefits outweigh the risks and
adverse effects and, therefore, further determines that
these risks and adverse environmental effects are
"acceptable". As to the effects which are not mitigated or
substantially lessened, this Commission finds that specific
economic, social and other considerations make infeasible
full mitigation. of these impacts through mitigation measures
or project alternatives, including the "no project"
alternative.
~1. The Commission makes the following- additional comments and
findings as to the significant effee.ts of the proposal based
upon the aforementioned City of Petaluma findings and testimony
at the. public hearing:
a. T.he project will cause a need to improve existing roads, add
additional roads and interchanges and. to improve traffic
flow at intersections. The project will create an
assessment district as a mechanism to finance improvements
within the project and its fatr share of outside area road
improvements. The Assessment District is to be in place
before any development projects are .approved.. The intent of
the Speci_fic.Plan is to have all of the outside area
.improvements in place before all of the developments are
completed. Or, if traffic conditions worsen as a result of
't'he project, the Specific Plan requires the construction of
the outside area road improvements to alleviate the
' conditions.
b. The project will eause~additional storm runoff. .Additional
storm run-off will be mitigated: by the City so as to contain
-3-
a 100 year flood.
c. The project will require new water service pressure areas
and other water.service .improvements which will be provided
by developer fees and from probable increases in water
connection costs.
d. The project will involve on-site sewer system improvements
and also. contribute to sewer plant treatment and capacity
:improvements as outlined in the City's Capital Improvement
Plan.
e. The City has established paramedic s. on the.east side of
Petaluma.: The Penngrove Fare Proteetaon District will lose
$8,900 in estimated revenue ,(a,bou:t 2$) .but no other major
revenue loss impacts .from Pet°aluma annexations are
anticipated. ,
f. The project. will cause the need to provide three elementary
schools on the site and contribute to a new junior high
school which may be on the site. The applicants intend to
set a time-certain land cost and assist in developing
finance mechanisms to build the schoohs,, as developer impact
fees alone will be insufficient to pay for land acquisition
and construction.
g. There are lands in agricultural preserve within the project
area but these have. been_properly~protested by the City to
allow the contracts to expire upon annexation.
h. The City has provided an analysis of alternate sites which
determines no other site is comparable for this type of
project.
5. The proposal is approved, subjeot~to the following terms and
conditions:
a. Approved proposal as given in the staff reports dated
August 30, 1989 and October 5, 1989:
b. The parties of interest shall develop a funding mechanism
.to ensure acquisition of sites and construction of
additional school facilities to meet the needs of the
proposal that is satisfactory t_o the school districts
involved and the City of Petaluma:.
c. This Commission hereby adopts a monitoring program pursuant
to Public Resources Code Section 2.1081.6 whereby the City of
:Petaluma shall report 'back to this Commission upon the
Guy's approval of'eaeh of the final maps involved in the
proposal and certify t`hab each such 'approval is in
substantial compliance with the FEIR and this resolution.
-u-
6. Approval of the proposal will have no effect on maintaining the
physical and economic integrity of any agricultural preserve
that might be considered within its sphere of influence of any
agency included in the proposed reorganization.
7. The boundary of the territory to be reorganized, as set forth in
the proposal or as amended by condition, are hereby approved as
described in Exhibit "A" attached hereto and incorporated herein
by this reference. Said territory is found to be inhabited, and
is assigned the following distinctive short form designation:
"Reorganization No. 89-3 ~COrona/Ely)".
8. The City of Petaluma is designated as the conducting authority
and the legislative body thereof is hereby directed to initiate
reorganization proceedings with notice and hearing and in
compliance with this resolution.
9. The Executive Officer is hereby authorized and directed to mai l
certified copies of this Resolution in the manner and as
provided in Government Code Section 56853• In addition, the
Executive Officer shall also mail to the conducting authority a
copy of the petition or resolution accompanying the proposal.
The foregoing resolution was. introduced at a regular meeting of this Local
Agency Formation Commission on the second day of ,November, 1989, by
Commissioner Boyett who moved its adoption, seconded by Commissioner Collins,
and ordered adopted by the following vote:
Commissioner
Commissioner
Commissioner
Commissioner
Commissioner
Ayes: 4 Noes: 0 Absent or not voting: 1
Nicholas Absent
Carpenter Aye
Collins Aye
Boyett Aye
Hopkins Aye
WHEREUPON, the Chairman declared the foregoing resolution adopted, and
SO ORDERED.
ATTEST:
Tom W. Schopflin, .Executive ~'fficer
- 5 -
r~
j
The within instrument is a cor-rect copy of the original on file in this office:.
ATTEST : 0 EC 4 1989.
Clerk ~, /~
,.~
-6-
•N
:-..
"EXHIBIT A"
5599
Page 1 of 3
LEGAL bESCFiIPTION
COIRO.NA/ELY ANNEXATION NO. 1
~AII that. certain real property situated in the. County of Sonoma, State of
California, described as follows: '
-Being a portion of Lots 2;44, 29,6, 29.8, 2.99, 306, 309: and all of Lot 245., 246,
arid 29.7 of Rowe's Sutidiv:isio.n -of the Petatuma Rancho recorded in Book 21 of
fVlaps at Page 1, Sonoma County Records, more particularly described as
follows:
Beginning; at the most northerly corner of "Lindsay Annexation" as recorded in
.Book 332 of Maps at Page 38., Sonoma County Records; fhence from said point
of beginning along the northeasterly line of said "Lindsay Annexation'' South
54°33'00" East 54.1..86 feet to 'a Point on the; northeast line of "Norfih Petaluma
Reorganization No. 8" as recorded in Book 314 of Maps: at Page 15, Sonoma
County Records; thence.. coritinuinng along the. northeasterly line- of "North
'Petaluma Reorganization No. 8" South 54°33'00" East 2,0.97.9 feet to the
northweste'r,ly 'line of- he "Knecht Annexation":; thence along the ~northwe terly
line of ".Knecht Annexation" as recorded in Book 322 ~of Maps at. Page.. 1~3,
'Sonoma County Records, North 35°25'02" East.; 1,703;.27 feet to a Point on the
northerly line.of°Ely Road; said point also being o;n the southerly line of the
Lands of Gatti Nursery, Lnc. asp'recorded in 'Book 3438. Official 'Records 267
Sonoma County Records thence along the said southerly line of Gatti South
54°34'58" East 15,4.66 feet. to the most. westerly corner of the Lands of the
Santa Rosa Junior College. District as recorded. in Document. N'o. 86-067566
Sonoma County Records thence along the southwesterly line of said Lands of
Santa Rosa Junior College. District and its projection thereof South 54°34'58"
East 4'fi99:8.6 feet thence South 54°32'30" East. 1472.78 feet to a point :on the
northeasterly line of ''Northeast Petaluma Annexation. No. 5" as recorded in
Book 10;8 of Maps at Page 12 Sonoma County f3eeords,, said p'oi'nt also: being
on the northerly line of Ely Road; thence leaving said northerly line of :Ely Road
North. 3.6°2$'10" .East along the northwesterly line of "N-E Annexation No. 9"
as filed for record 'in Book.205 of Maps at Page;20, Sonoma County Records a
distance o.f. 20`13.7.9 feet to a point on~ the. southwesterly .line. of the Athletic
Fields Annexation 19.88 and filed for record in Book 423 of Maps at Page 19
Sono,ma~ County Records thence along said southwesterly line, North 54°:33'00"
WeSt~ 2194:74' feet to th,e northwesterly, corner of said Athletic Fields; thence
continuing :North 54°33'00" West 1.843.27 feet to the most 'northerly corner of
the '.Lands of Caller as described in Book 3366 of Official Records at Page 686
Sonoma County R'e.cords said point also being the most easterly corner of the
,,
5599
Page2of3
Lands of Cader as described. in Book 2161 of Official Records at Page 481
.Sonoma County Records, 'tfience along the northeasterly line of said"Lands of
Cader" and its projection thereof North 54°41'17" West 2167.83 feet to the most
easterly corner of the said .Lands of Gatti Nursery Inc.; thence North. 56°20'18"
West along the northeasterly line of said Lands of Gatti 1692.94 feet to the most
easterly corner of the "Lands of Gray" as described in Deed recorded in Book
1883 of Official Records at P-age 459, Sonoma County Records; thence along
the northeasterly line of said "Lands of Gray" North 54°41'55" West 1,.419.00
feet to the most northerly corner of said "Lands of Gray"; thence along the
northwesterly line of said "Lands of Gray" South 35°23'55" West 665.06 feet to
a point on the northeasterly line. of the "Lands of Gray" as described in Deed
recorded in Book 1863 of Of#icial Records at Page 459, Sonoma County
Records; thence along the northeasterly line of said "Lands of Gray" North
55°33'08" West 1,287.88 feet to the most northerly corner of said "Lands of
Gray," said point also being 'a poinf on the easterly line of`Corona Road; thence
along said easterly line of Corona Road South 35°01'16" West 991.75 feet to
the most westerly corner of the "Lands of Gray" as described in Deed recorded
in Book 1863 of Official Records at Page 462, .Sonoma County Records;
thence along the southwesterly line of the said "Lands ~ of Gray" ,South
54°38'05" East 621.34 feet to a point on the northwesterly line of ahe "Lands of
McBail Company" as described in Document No. 88-110246, Sonoma County
Records; fhen:ce along avid northwesterly line of the "Lands of fVfcBail
Company" South 35°07'13" Vilest 334.30 feet to a point on the-northerly line of
Ely Road; thence along said northerly line of Eiy Road North 54°38'05" West
408.34 feet; thence South 35°31''19" West 198'.00' feet to the most southerly
corner of the "Lands of Hopkins" asrecorded in Document No. 83-077879,
Sonoma County Records; thence along fhe southwesterly line of said "Lands of
Hopkins" North 54°38'05" West 213.00 feet to a point on the easterly line of
Corona Road; thence along said easterly line of Corona Road South 35°31'19"
West 737.60 feet to the. most northerly corner of the. "Lands of Howard" as
recorded in Document No. 84-037808, Sonoma County Records;, thence along
the northeasterly line of said "-Lands of Howard" and its projection thereof
South 54°25'10" East 403.09 feet to the most northerly .corner of-the "Lands of
Liberty Farms" as described in Deed recorded in Book 2825 ~of Official Records
at Page 9, Sonoma County Records; thence along the southwesterly line of the
said .'`Lands of Liberty Farms" South 35°34'50" West 302.64 feet thence South
54°25'10" East 429.23 feet; thence South, 35°31'42' West 455.04 feet to a point
on the northeasterly line of the. "Lands of Colabianchi" as recorded in
Document No. 87-020014, Sonoma County Records; thence along said
northeasterly line of the "Lands of Golatiianchi"'North 54°22'22" West 831.9:6
feet to a point°on the easterly line ofi Corona Road; thence along said easterly
line of Corona Road South 35°31'19" West 475.86 feet to the most northerly
corner of the "Lands of Corona L&S Club" as described in Deed recorded in
Book 495 of Official Records at Page 87, Sonoma County Records; thence
leaving said easterly line of Corona Road at right angles North 54°28'41" West
6O:OA' feet to a point on the westerly line of Corona Road; thence along said
westerly line of Corona Road South 35°31'19" West 650.10 feet to a point on
5599
Page 3 of 3
the northeasterly boundary of "Denman Annexation No. 6" as recorded in Book
1.98 of Maps at Page 11, Sonoma County Records, also being the westerly line
of the Northwest Pacific Railroad right-of-way;, thence along said westerly line
of Northwest Pacific Railroad right=of' way South 39°40'16" East 61.96 feet. to a
point on the easterly line of Corona Road;. thence along said easterly line of
Corona Road South 35°53'55" West 882.00 'feet to'-the most westerly corner of
the "Lands of Lorenz" as .described i~n Deed r,.ecorded inn Book 1967 of Official
Records of Page '98', Sonoma County Records; thence along the southwesterly
line of said "Lands of Lorenz" South 54°14'48" East 568.47 feet. to the most
westerly corner of ``Young Annexation No. 2" as recorded in `Book 153 of Maps
at Page 11, Sonoma County _Records; thence along the northwesterly line of
said "Young Annexation' No, 2" North 34°4:9'32" Easf 384.12 feet to a point on
the .southerly line of North McDowell Boulevard; thence along said southerly
line of North McDowell Boulevard South 55°10'28'' East -1,038..23 feet; thence
leaving said southerly line of North McDowe'II Boulevard North 35°59'53" East
80..00 feet to a point on the northerly line of North McDowell Boulevard, said
point also being the most westerly corker of "Lindsay Annexation" recorded in
Book 332. of Maps at Page 38, So"norm. County Records; thence along the
northwesterly line of <said. "Lindsay Annexation" 'the following courses: North
39°45'07" West 1.32 feet and North 35°30'.00" East. 1,599.67 feet to the point of
beginning.
Containing 68.0.43 acres, more or less.
APN 137-070-06; 137-070-07; :1.37-07b-08; 137-070-10; 137-070-11; 137-060-
01; 1':37-060.-19; 1.37-060-09; 137-060-1:1; 137-0.60-10;~ 137-060-12; 137-060-
13; 137-060-23; 137-060-24; ~48-080;_01; 136-120-01;.136-120-15; 136-120-24;
136-120=25; 136-120-05; '136-120-2'1; 13,6-120-22--, 136-1'20-23; 136-120-18;
136-120-09; 136-120-10; 136-120-11; 136-080-01; 136-080-07; 137-070-16;
137-060=31.
END OF ~ESERlPTION
O 1. A f'a U S
~; ~~
LEGAL R'~I~N~'i
MACKAY' S CIVIL EPs~
' Corby Aver
S n"~'a . ~opa, Californi'~
Dou . Q~p r1 60~
Lic nse - -93
Date: November 7: 1989..
D RO`:cm
D BY
RS, INC.
~~f~~~~~~~/~D ~~'
::~ ~ ~J C~ ~~;~ ~~ L~ f= C.U.
RES. N0. -..--------~~-U--------- -
OATE---~~~~~L~~I ~ ~ ~_,~