Meeting Date: October 6, 2021Agenda No. Item 4.1Agenda Item Title: 2021-10: Windsor Reorganization No. 2020-01 (Benson) Annexation to the Town of Windsor and the Windsor Water District and Detachment from County Service Area No 41 (Multi Services)

Analysis

Background 

Oliver and Kimberly Benson have submitted an application requesting annexation of one parcel totaling +/- two acres to the Town of Windsor (Town) and the Windsor Water District (District). If annexed, the affected territory would be detached from the County Service Area No. 41 (Multi-Services). The affected territory is within the Town’s Sphere of Influence, voter-approved Urban Growth Boundary, and within the Town’s Urban Services Area Boundary as designated in the Sonoma County General Plan.  

The parcel, located on the southeast corner of Pleasant Ave and Emmerson Street is developed with three single family dwellings. Each dwelling is served by its own septic system and all three share a common well. The Bensons state that all of the septic systems are failing and that the well has been running extremely low on water during the recent summer months. The Benson’s are requesting annexation to the Town and the District in order to connect to public services including sanitary sewer and water.  

Although the Town’s General Plan land use designation would allow for the addition of three single family homes, the Bensons do not plan any new development at this time, other than utility connections.  

City Actions  

In May 2019, the Town Council pre-zoned the Benson parcel to Surrounding Residential (3-6 units per acre) determining this zoning to be consistent with the land-use designation of its General Plan. The Town ordinance is attached (Attachment 1).  

Environmental Determination  

In its actions associated with pre-zoning of the subject parcel and potential annexation to the Town and the District, the Town used the Environmental Impact Report (EIR) prepared for its 2040 General Plan Update as the environmental document for the proposal before the Commission.  

On April 4, 2018, The Town Council certified the 2040 General Plan EIR and adopted its 2040 General Plan. The Council identified the following benefits from its approval of the General Plan:  

• Increased revenue and jobs
• New high-quality housing
• Improved aesthetic character
• Improved multi-modal transportation
• Logical, compact urban development
• Comprehensive updated policies for the protection of the environment
• Overall preservation of agricultural resources

The Council determined that the significant effects on the environment found with approval of the General Plan could be mitigated to minimize or reduce those impacts and adopted a mitigation monitoring and reporting program. Finally, the Council determined that, even with mitigation, significant effects of the implementation of the General Plan would remain in two areas:  

• Agricultural Resources due to conversion of active agricultural land to non-agricultural uses and
• Transportation and Traffic hazards due to queuing impacts

As a result, pursuant to 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 adopted a Statement of Overriding Considerations for the project.  

When an agency wants to use a previously-certified programmatic EIR to determine the environmental impact of activities that occur subsequent to the program for which the programmatic EIR was prepared, the State CEQA Guidelines allow an agency to prepare an environmental checklist for the subsequent action. In this case, in that the pre-zoning for the subject reorganization occurred after the adoption of the 2040 General Plan, a checklist was prepared with regard to whether environmental impacts would be greater than potential environmental impacts identified in the 2040 General Plan EIR. Included as part of the checklist was analysis of environmental effects related to provision of and facilities for water and wastewater.  

As a result of Town staff’s review, analysis, and checklist preparation, the Council determined that the pre-zoning of the affected territory would not cause any significant effects on the environment not examined in the 2040 General Plan EIR, i.e., there were no substantial or significant changes in development or in any circumstances in which development would occur; and there was no information of substantial importance which had not been known when the 2040 General Plan was approved and the EIR certified. In May 2019, the Council further determined that Town of Windsor General Plan 2040 Program EIR adequately addressed the potential environmental impacts of the proposed pre-zoning for the purposes of CEQA.  

Sonoma LAFCO is a responsible agency for the subject proposal. In its review of the Town’s 2040 General Plan EIR and the checklist prepared pursuant to the State CEQA Guidelines, staff considered the analysis and determined that the proposal does not present significant environmental effects that were not previously considered in the General Plan EIR and environmental checklist.

As a responsible agency, the Commission must certify consideration of the information in the Town of Windsor 2040 General Plan EIR, find that significant and unavoidable impacts cannot be mitigated and adopt a statement of overriding considerations for the project.

Staff notes that only the comments in the EIR and environmental checklist that relate to the affected territory are relevant to the Commission’s determination whether to approve reorganization of the subject parcel. 

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, 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 an annexation proposal. The review must include, but is not limited to, consideration of these factors that are outlined and addressed in Attachment 2.

Recommendation

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

1. The Affected Territory is within the Town’s sphere of influence, the District’s Sphere of Influence, the Town’s voter-approved Urban Growth Boundary and the Town’s Urban Service Area Boundary as designated by the Sonoma County General Plan.

2. The Affected Territory is contiguous to the Town’s boundary; is a logical extension of the Town’s boundary; is consistent with the land-use designations in the Town’s General Plan and the Sonoma County General Plan; and has been pre-zoned by the Town;

3. The reason for the reorganization is to allow access to Town’s utility services. No additional development is proposed.

4. The Town has determined, through the adoption of the 2040 General Plan Environmental Impact Report and environmental checklist analysis, that upon annexation, it can provide services to the parcel that is the subject of the proposal. 

5. All owners of the property have consented to the Proposal and the affected territory has been determined to be uninhabited pursuant to Government Code Section 56079.5.

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

a.    Certify the review and consideration of information contained in the 2040 General Plan Environmental Impact Report prepared by the Town of Windsor and information contained in the environmental checklist prepared, pursuant to Section 15168(c): Program EIR Use with Later Activities, of the State CEQA Guidelines, which requires examination of activities subsequent to the certification of a programmatic Environmental Impact Report.

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

c.     Make a Statement of Overriding Considerations for Agricultural Resources and Transportation and Traffic.

d.    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.

Staff has prepared a draft resolution for the Commission’s review and consideration (Attachment 3). 

Alternative to Recommendation

None

Attachments

1. Town Ordinance No. 2019-334 Pre-zoning the subject properties
2. Factors for Consideration
3. Draft Resolution
4. Preliminary Map  

The following documents have been provided to the Commission and may be requested from the LAFCO office. They are also available on the Town of Windsor’s website: 

-       Town of Windsor 2020 General Plan and Resolution No. 3448-18 adopting the General Plan; 

-       Town of Windsor 2020 General Plan Environmental Impact Report (EIR) and Resolution No. 3447-18 certifying the 2040 General Plan EIR; 

-       Pre-zoning Environmental Consistency Checklist, pursuant to Section 15168(c) of the State CEQA Guidelines