June 3, 2020 Staff Report 6.1 File No. 2020-01: Northwest Santa Rosa Reorganization No. 18-01

Analysis

Background

Greg Levy is the owner of two parcels along West College Avenue west of Link Lane and east of Stony Point Road, in northwest Santa Rosa. APN 037-031-051 is located at the corner of West College and Link Lane, and APN 037-022-019 is separately located on West College, one parcel to the west of the intersection with Clover Drive. Mr. Levy has requested a reorganization consisting of annexation of these parcels to the City of Santa Rosa and detachment from County Service Area No. 40 (Fire Services) and County Service Area No. 41 (Multi-Services).

The annexation boundary also includes three other parcels: (1) APN 037-031-050, fronting on Link Lane, just south of APN 037-031-051; (2) APN 037-031-009, located just west of Mr. Levy’s parcel at West College and Link Lane; and (3) APN 037-031-034, the next parcel west on West College. All of the parcels are developed with single-family residences, except for APN 037-022-019, which is vacant.

Annexation of the five parcels would reduce the size of what is known as the Clover Drive/Wild Rose Drive unincorporated County island. Territory within the island consists largely of single family dwellings, many on lots of one-third acre or more, that are generally flat and surrounded by mature trees and shrubs. A small neighborhood commercial center is located across Clover Drive, to the east of APN 037-022-019 with a larger center, anchored by a major food store and smaller retail businesses, north, across West College Avenue. Near the other four parcels are a mobile home park, to the east; higher density residential units and some offices in a rural setting to the north, and single-family residences in the Clover Drive island to the west and south.

The properties, which are contiguous to the City to the north and east, are located within the LAFCO-determined Sphere of Influence for the City and within the voter-approved Urban Growth Boundary as well as the Sonoma County General Plan “urban service area” boundary.

Reason for Proposal

Mr. Levy states that he wants to annex his two parcels to ultimately develop them under the City’s General Plan, which allows for development at a higher density than is permitted under the Sonoma County General Plan; he also wishes to access City utilities to serve the potential development. His neighbor to the west, owner of APN 037-031-009, is also interested in future development.

The small parcel fronting Link Lane (APN 037-031-050), which is developed with a single-family home, is not planned for further development. This parcel is included in the annexation boundary because it is a logical extension of the City boundary with the proposed annexation of its neighboring parcel. Additionally, staff determined that an annexation covenant from 1965 specified that, when annexation is proposed, the owner at the time – whether that owner or a successor - would support annexation and not protest (Attachment 3a).

Also included in the annexation boundary is APN 037-031-034. Early in discussions about annexation, staff approached the chief petitioner about including this parcel in the annexation boundary because, without its inclusion, the parcel would be substantially surrounded by territory in the City – should the Commission approve the subject proposal – which would be inconsistent with Commission policy and create an inefficient and ineffective situation with regard to the provision of services; it would also potentially cause confusion for residents and service providers. Subsequently, the owner gave his consent to the annexation.

City Actions

City actions with regard to the properties included within the subject proposal span several decades beginning in the mid-1980s.

Clover Drive/Wild Rose Drive

Based on research conducted by staff a few years ago, it was determined that, sometime in 1986, a property owner within the Clover Drive island wanted to build, or expand [the minutes were unclear], the size of the residential care facility on her property. She applied to the City for pre-zoning and annexation of her 2.5-acre parcel. The City determined to set an annexation boundary for the whole of the Clover Drive island, instead. Staff work was conducted, and the Planning Commission reviewed the project. In April 1987, the City Council pre-zoned 132 properties in the Clover Drive island to the Rural Residential zoning district, which was consistent with the Very Low Density land-use designation of the City’s General Plan.

It appears that, at that time, city councils had major responsibility for not only pre-zoning but also approving various steps in the annexation process, before an application was submitted to LAFCO. Additionally, the authority to conduct protest hearings was vested with city councils when annexation of territory to that city was involved. Brief minutes of the City Council’s deliberation appear to indicate that at the pre-zoning hearing, some property owners in the island voiced their opposition to annexation. City staff recommended that the Council act to continue with pre-zoning all the territory within the island and, if sufficient protests were received, to terminate the annexation but not the pre-zoning. In that way, it was stated, the property owner who initiated the application and anyone else who desired could apply to LAFCO for annexation without having to start the process again with the City. The Council followed its staff’s recommendation. Commissioners have been provided with the 1987 pre-zoning ordinance.

Staff does not believe that the original petitioner ever applied to LAFCO for annexation of her parcel. The brief minutes of the City Council meeting subsequent to its approving the pre-zoning indicate that sufficient protests were received, leading the Council to terminate annexation proceedings but not the pre-zoning. When the owner did apply to the Council soon after, for a possible step in the annexation process that is not clear, her application was rejected because the boundary was not logical, i.e., access to the petitioner’s parcel was through the County island. The Council determined that annexation of the single parcel would cause service delivery problems for the City.

Only sporadic activity relating to extensions of service and some individual annexations has occurred for parcels in the Clover Drive island after the late 1980s.

North Santa Rosa Station Area Specific Plan

As Santa Rosa grew over the years, efforts to develop a commuter rail service came to fruition with the establishment of the Sonoma-Marin Area Rail Transit (SMART) agency, which planned 14 train stations along the Northwestern Pacific railroad corridor in Marin and Sonoma counties. With that awareness, in 2010, the City began preparing a Specific Plan, consistent with the City’s 2035 General Plan, to guide future development of a large area surrounding a potential SMART station, to be located west of U.S. Highway 101 at the southeast corner of Guerneville Road at the railroad.

The objectives of the Specific Plan were:

• Establish a land use plan, zoning, and a design framework that will guide future development and redevelopment activities
• Intensify land uses and increase residential densities in the project area to support future transit improvements and ridership and to exceed the Metropolitan Transportation Commission’s (MTC) residential unit thresholds
• Improve pedestrian, bicycle, auto, and transit access in the project area
• Enhance connectivity between the station site and adjacent commercial, residential, educational, and governmental areas
• Improve aesthetics and public safety through physical design and streetscape improvements
• Develop and implement urban design standards that promote a walkable environment
• Enhance quality of life in the project area by providing parks, trails, and recreational opportunities
• Transform the project area into a vibrant and distinct place that people want to visit
• Catalyze economic development and promote economic competitiveness in the project area by providing employment opportunities
• Reduce greenhouse gas emissions by promoting sustainable transit-oriented development and practical alternative modes of transport to the automobile
• Inform the community about transit-oriented design concepts
• Maximize public participation in the specific plan process through a comprehensive community involvement strategy

The North Santa Rosa Station Area Specific Plan (the Station Area Specific Plan) addresses potential land uses; station access, circulation, and infrastructure; land-use regulations; infrastructure development and financing implementation strategies; and design guidelines to encourage transit-oriented development within the project area. The Station Area Specific Plan perimeter encompasses an area of 987 acres, from east of Northwest Community Park east to Mendocino Avenue and from Paulin Creek in the north to properties along the West College Avenue in the south.

Four of the five subject parcels are located along the south side of West College - at the very southern edge of the Station Area Specific Plan area. Staff who worked on development of the Specific Plan noted that properties along West College – from Borden Villa Drive on the west to the intersection with the Northwestern Pacific Rail Corridor at the east – were included in the Station Area Specific Plan because consideration of street design and aesthetics for the whole of West College Avenue was desired; this meant including the south side of the street.

The City Council began its consideration of the Station Area Specific Plan and the amendment to the City’s General Plan that would be required to implement it with a public hearing on July 31, 2012. This was subsequent to several Planning Commission meetings and consideration during which changes to the Station Area Specific Plan had been recommended. On September 18, 2012, the Council approved a General Plan amendment to allow adoption of the Station Area Specific Plan and adopted the Station Area Specific Plan as part of Resolution No. 28188. (Attachment 3b).

Further, the City Council pre-zoned unincorporated County territory located within the Station Area Specific Plan area and re-zoned many properties that were within the City boundary to make all consistent with the land-use designations of its General Plan and the Station Area Specific Plan, as envisioned (See Attachment 3c for Ordinance No. 3993). The pre-zoning for the four parcels along West College, which, as was noted earlier, had been pre-zoned Rural Residential in the 1987 pre-zoning ordinance, was changed to R-1-6 (Single Family Residential) consistent with the land-use designation of Low Density Residential of the General Plan. Within this zoning district, two – eight dwelling units per acre are allowed.

APN 037-031-050, the small parcel fronting Link Lane, is the only parcel among the five that is not included in the Specific Plan area. The 1987 pre-zoning of Rural Residential remains for this parcel. It is developed with a single family residence, with no plans for change.

Environmental Determination: Negative Declaration; Environmental Impact Report for North Santa Rosa Station Area Specific Plan

Negative Declaration -1987

To accompany the initial pre-zoning ordinance, in April 1987 City staff prepared an Initial Study, which found that the proposed pre-zoning and annexation would generally have less than significant impacts on the environment, resulting in determination of a Negative Declaration. Interestingly, the Initial Study pointed out that, since water was not available in the County island, any new development would require extension of water mains to the development site; that tanker trucks would be needed to provide fire service; and that street improvements “may” be required upon development because “County lanes” were sub-standard. The Initial Study further indicated that the project could impact transportation/circulation and could be growth-inducing, but there was no discussion on these topics. As indicated above, no development is planned for this parcel. The Initial Study is attached to this report (Attachment 3d); Resolution No. 18298 approving and adopting a Negative Declaration has been provided to Commissioners.

Environmental Impact Report for North Santa Rosa Station Area Specific Plan

The City Council certified the Final Environmental Report for the North Santa Rosa Station Area Specific Plan in September 2012 in Resolution No. 28187 (Attachment 3e). It determined that many of the significant effects on the environment found with approval of the Station Area Specific Plan could be mitigated to minimize or reduce those impacts and adopted a mitigation monitoring and reporting program. One interesting mitigation related to the increased demand for fire protection, emergency medical services, and law enforcement upon future development in the Station Area Specific Plan area. The EIR stated that future residential subdivisions and multi-family residential development would be required to mitigate the impacts of the increased need by one of the following: annexation to a special tax district; payment of a lump sum to cover increased public safety costs associated with providing new services; provision of private security, fire protection, and emergency medical services to residents; or inclusion of other uses, within the residential development, that would generate sufficient revenue to offset the costs of providing public safety services to the development.

In the same resolution in which the Council approved a General Plan amendment and adopted the Station Area Specific Plan, it also determined that, even with specified mitigation, cumulatively considerable and significant effects of the implementation of the Station Area Specific Plan would remain in two areas:

• Air Quality. Implementation of the Station Area Specific Plan, in combination with cumulative development in the San Francisco Bay Area Air Basin, would result in a cumulatively considerable net increase of ozone and coarse and fine particulate matter. This impact was considered cumulatively considerable and significant and unavoidable.
• Traffic and circulation. The three Highway 101 freeway segments from downtown Santa Rosa to College Avenue, College Avenue to Steele Lane, and Steele Lane to Bicentennial Avenue were projected to operate below CalTrans’ LOS standard of the LOS C/D threshold in the future, both with and without the Station Area Specific Plan. The incremental increase in traffic associated with the Station Area Specific Plan that would be added to Highway 101 was considered to be cumulatively considerable and significant and unavoidable.

As a result, pursuant to the California Environmental Quality Act (CEQA), the Council weighed the economic, legal, social, technological, and other benefits of the project and the significant unavoidable impacts, determined that the benefits outweighed the risks and adverse environmental impacts, determined that the significant unavoidable impacts were acceptable, and and adopted a Statement of Overriding Considerations for the project. The City’s actions are included in Resolution No. 28188 (Attachment 3b, as referred to above).

Sonoma LAFCO is a responsible agency for the proposal, following the determination of the lead agency, the City of Santa Rosa. As a responsible agency, should the Commission approve the proposal, it must certify consideration of the information in the City of Santa Rosa North Santa Rosa Station Area Specific Plan EIR, find that significant and unavoidable impacts cannot be mitigated, and adopt a statement of overriding considerations for the project.

Consent of Owners

Since the owners of properties within the annexation boundary have initiated the proposal and given their written consent to the proposed reorganization or, in the case of the owner of APN 037-031-050, is obliged by an earlier annexation covenant that runs with the land to support and not protest annexation, the Commission may waive the protest hearing for the proposal.

Individual Factors for Consideration

California Government Code §56668 describes 17 factors to be considered in the Commission’s review of a proposal. The review must include, but is not limited to, consideration of these factors that are outlined and addressed in Attachment 1.

Recommendation 

1. Approve the reorganization, pursuant to the following findings and determinations:

1. The affected territory is within the sphere of influence of the City of Santa Rosa and within the City’s voter-approved Urban Growth Boundary and the “urban service area” boundary of the Sonoma County General Plan. 
2. The reasons for the reorganization are to allow future development at densities permitted by the City’s General Plan and the North Santa Rosa Station Area Specific Plan and to access City services.
3. The City has determined, through the adoption of the Environmental Impact Report for the North Santa Rosa Station Area Specific Plan, that it can serve the properties that are the subject of the proposal upon annexation and as developed in the future.

2. Regarding the Commission’s responsibilities pursuant to the California Environmental Quality Act,

1. Certify review and consideration of information contained in the North Santa Rosa Station Area Specific Plan Environmental Impact Report prepared by the City of Santa Rosa.
2. Make findings required of a responsible agency in accordance with the provisions of CEQA and the State CEQA Guidelines.
3. Make a Statement of Overriding Considerations for Air Quality and Transportation and Circulation.
4. Direct staff to file a notice of determination in accordance with CEQA and the State CEQA Guidelines.

3. Waive protest proceedings pursuant to section 56663(c) of the California Government Code, in that the owners of the affected territory initiated and consented to the reorganization or, in the case of the owner of APN 037-031-050, is obliged by an earlier annexation covenant that runs with the land to support and not protest annexation.

Staff has prepared a draft resolution for the Commission’s review and consideration (Attachment 2).

Alternatives to Recommendation

None

Attachments 

1. Factors for Consideration
2. Draft Resolution
3. City of Santa Rosa Materials:
(3a) 1965 Covenant Burdening Land: Annexation Covenant
(3b) Resolution No. 28188, dated September 25, 2012
(3c) Pre-zoning Ordinance No. 3993, dated September 25, 2012
(3d) Initial Study and Negative Declaration, dated February 2, 1987
(3e) Resolution No. 28187, dated September 18, 2012

 

4. Preliminary Map and Boundary Description

The following documents may be requested from the LAFCO office:

• City of Santa Rosa Ordinance No. 2593, dated April 14, 1987
• Resolution No. 18298, dated April 7, 1987
• North Santa Rosa Station Area Specific Plan Environmental Impact Report, dated April 2012