Meeting Date:              April 7, 2021 Agenda No:                 Item 5.1 LAFCO File No             2021-05 Agenda Item Title:        Cloverdale Reorganization 030-2019 (Baumgardner Ranch) Involving Annexation to the City of Cloverdale and Detachment from County Service Area 41 (Multi-Services) 

Meeting Date: April 7, 2021
Agenda No.: Item 5.1
Agenda Item Title:

Cloverdale Reorganization 030-2019 (Baumgardner Ranch) Involving Annexation to the City of Cloverdale and Detachment from County Service Area 41 (Multi-Services)

LAFCO File No:2021-05
Applicant(s):Nancy Neat, representative of the Baumgarnder Family Et Al
Proposal:Request for a reorganization consisting of annexation of four parcels, totaling approximately 31 acres to the City of Cloverdale and detachment from County Service Area No. 41 (Multi-Services)
Location:Generally south of Sandholm Lane, north of Kelly Road and west of S Cloverdale Blvd. in unincorporated Sonoma County. 28193, 28195, 28243 and 28277 Old Redwood Highway; (APNs 117-040-084, -053, *087 and -086)
General Plan:County Zoning – Agriculture and Residential, Rural Residential and Limited Urban Industrial
City – Planned Unit Development (P-D) Zoning District

Environmental Determination: City of Cloverdale Mitigated Negative Declaration Determination
Staff Contacts: Cynthia Olson

Analysis

Background

Nancy Neat, representative of the owners of two parcels south of the City of Cloverdale, has requested a reorganization consisting of annexation to the City of four parcels, totaling approximately 31 acres. The affected territory is generally located south of Sandholm Lane, north of Kelly Road and west of S Cloverdale Blvd. Upon annexation, the territory would be detached from County Service Area No. 41 (Multi-Services) but would remain within the Cloverdale Fire Protection District, Cloverdale Health Care District, and the North Sonoma County Health Care District.

The parcels are located within the City’s Sphere of Influence, the voter-approved Urban Growth Boundary and the Sonoma County General Plan Urban Service Area Boundary.

The four parcels are identified on the preliminary map submitted with the application (Attachment 1) as follows:

Parcel 1 (APN 117-040-086) and Parcel 3 (APN 117-040-087) are owned by Robert and Patricia Weiss. The parcels are developed with an existing storage business consisting of an onsite manager’s residence, storage structures and outdoor storage of recreational vehicles. There is no further development proposed for these parcels.

Parcel 2 (APN 117-040-053) is owned by the applicant through the Baumgardner Family Trust. The southwest portion of the parcel contains hillside woodlands that range up to 500 feet. The central and eastern portions of the parcel are generally flat, undeveloped land with seasonal grasses. It appears that this area may have been used for agricultural purposes in the past but is currently open grassland. There is a single family dwelling with various outbuildings. A drainage runs along the eastern boundary of the parcel and eventually drains into Icaria Creek.

Parcel 4 (APN 117-040-084), also owned by Baumgardner Family Trust, is a small parcel of roadway easement.

Reason for Proposal

The owners of Parcel 1 and 3 are requesting annexation in order to have access to municipal services provided by the City of Cloverdale, and not to develop their parcels further.

The Baumgardner Family are in contract with Integrated Community Development (“the developer”), who has been working through the entitlement process for a residential development on the Parcel 2 for over two years.  The developer is now ready to complete the annexation to the City.

The proposed development for this parcel will contain 304 housing units including detached single family homes, attached “row” houses with a community clubhouse and apartment units with a community clubhouse. The development will include open space and a pedestrian path along the drainage as well as approximately 8.5 acres of privately maintained open space. The estimated increase in population from the proposed development is 845 residents.

The City has stated that it has the capacity to serve the affected territory and proposed development.

City Actions and Environmental Consideration:

On August 2020, the City Council adopted Resolution No 076-2020 (Attachment 2) approving of a conditional use permit for Parcels 1 and 3 allowing the continued use of the property as a self-storage facility and outdoor recreational vehicle storage business under the General Industrial (M-1).

The City adopted Ordinance 763-2020 pre-zoning the parcels to General Industrial (M-1) Zoning. The City found that the pre-zoning and annexation of these parcels to be exempt from the California Environmental Quality Act (CEQA) Guidelines under Section 15319 (Annexations of Existing Facilities and Lots for Exempt Facilities) as project involves the annexation of developed land with no proposed new construction or uses and under Section 15061 (Common Sense Exemption) as it can be seen with certainty that there is no possibility that the project will have a significant effect on the environment.

The City, as the lead agency, prepared an Initial Study to assess the impacts of the Baumgardner Ranch project proposed for Parcel 2 pursuant to CEQA. The Initial Study found that potentially significant environmental impacts would occur, to biological resources, geology/soils, transportation/circulation, cultural resources, tribal cultural resources, air quality, wildfire, hazards/hazardous materials, greenhouse gas emissions, and noise, but that these could be mitigated to a level that is less than significant. Accordingly, the City prepared a Mitigated Negative Declaration (MND) (Attachment 3) for the project. In August 2020, the City Council reviewed and considered the Initial Study and its conclusions and, in Resolution No. 078-2020, adopted the MND as well as mitigation measures, in a Mitigation Monitoring and Reporting Program, to reduce the environmental effects to less-than-significant

The City adopted Resolution 079-2020 approving the development plan, general plan amendment, tentative map and pre-zoning of Parcels 2 and 4.

In September 2020, the City adopted Ordinance 737-2020 pre-zoning the parcel 2 and 4 to the Planned Unit Development (P-D) Zoning District.

Consent of Owners

As all owners of properties within the annexation boundary have given their written consent to the proposed reorganization, 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 4.

Recommendation

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

a.     The affected territory is within the sphere of influence of the City of Cloverdale, and within the City’s voter-approved Urban Growth Boundary and the “urban service area” boundary of the Sonoma County General Plan and contiguous to the City boundary.

b.     The reasons for the reorganization are to provide access to City services and support development for needed housing.  The City has determined that it can provide services to the affected territory upon annexation.

c.     The proposal is consistent with the Sonoma County General Plan.

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

a.     Certify review and consideration of information contained in the Initial Study and Mitigated Negative Declaration prepared by the City of Cloverdale.

b.      Make findings required of a responsible agency in accordance with the provisions of CEQA and the State CEQA Guidelines.

c.     Direct staff to file a notice of determination in accordance with CEQA and the State CEQA Guidelines.

  1. Waive protest proceedings pursuant to section 56662 of the California Government Code, in that the affected territory is uninhabited, pursuant to Section 56079.5 of the California Government Code. No affected local agency has submitted a written demand for notice and hearing; and the owner of land has consented to the proposal

Staff has prepared a draft resolution for the Commission’s review and consideration (Attachment 5). 

Alternatives to Recommendation

None.

Annexation of the territory is a logical extension of the City boundary. The developer has submitted a development plan that has been found by the City to be consistent with its policies and General Plan and will provide much needed housing for the County.

Attachments

  1. Preliminary Map and Boundary Description
  2. City of Cloverdale Ordinances and Resolutions
  3. Mitigated Negative Declaration
  4. Factors for Consideration
  5. Draft Resolution

 

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