3.2 Staff Report

Analysis 

Background

In March 2000, the Town of Windsor (“Town”) purchased a 0.93 acre parcel east of and adjacent to the Town’s Russian River well field. The parcel is generally located west of Eastside Road and east of the Russian River at the end of Fontana Road in unincorporated Sonoma County. The surrounding territory is primarily used for agricultural purposes. The parcel, which houses the control building for the well field, provides a buffer between the well field and the effects of these agricultural uses.

In July 2018, the Town’s Public Works Department requested that the Town pre-zone and annex the parcel. The annexation would provide the Town land use authority over the property and would exempt the parcel from property taxes.

The parcel is located outside the Town’s sphere of influence and the urban service area boundary designated in the Sonoma County General Plan. It is subject to a Williamson Act Contract and is not contiguous to the Town’s boundary.

The affected territory is currently served by the Sonoma County Fire Protection District and the Sonoma County Sheriff.

City Actions/Environmental

On November 7, 2018, the Windsor Town Council adopted Resolution 3487-18 amending the Town’s 2040 General Plan Land Use Diagram to pre-designate the affected territory Public/Quasi-Public, introduced an ordinance to pre-zone the affected territory to Public/Institutional and adopted Resolution No. 3488-18 initiating proceedings with LAFCO to amend the Town’s sphere of influence and to annex the territory consisting of a single parcel (APN 066-310-029). 

On December 5, 2018, the Town adopted Ordinance No. 2018-331 pre-zoning the affected territory as Public/Institutional.

As the lead agency for the proposal pursuant to the California Environmental Quality Act (CEQA), the City determined that the proposed annexation was exempt from the provisions of CEQA pursuant to Section 15319(a) of the State CEQA Guidelines (Annexation of Existing Facilities and Lots for Exempt Projects). This section exempts annexations to a city of areas containing existing public facilities developed to the density allowed by the current zoning or pre-zoning of either the gaining or losing governmental agency, whichever is more restrictive, provided that the extension of utility services to the existing facilities would have the capacity to serve only the existing facilities. The affected territory includes a public facility that was developed in the County of Sonoma under the County’s zoning requirements.  No change of use or additional development of the affected territory would occur.

The proposal is also exempt pursuant to Section 15061(b)(3) (General Rule), which states that CEQA applies only to projects which have the potential to have a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.  The proposal would result in the annexation of the affected territory to the Town of Windsor. The existing use of the affected territory would continue. No development or modifications would occur. Therefore, it can be seen with certainty that there is no possibility that the proposal would have a significant effect on the environment, the activity is not subject to CEQA.

Noncontiguous Parcels

The affected territory is not contiguous to the Town’s boundary. Section 56375 of the CKH Act allows the Commission to approve the annexation of unincorporated, noncontiguous territory to a city provided the territory is located in the same county as that in which the city is located, is owned by the city and is used for municipal purposes.

Sphere of Influence Amendment

The affected territory is located outside the Town’s sphere of influence. LAFCO staff initially informed the Town that the affected territory must be brought into the Town’s sphere of influence prior to annexation. Upon further evaluation, LAFCO staff determined that the CKH Act does not require that territory meeting the criteria for annexation under Section 56375 be brought within a city’s sphere of influence prior to annexation.

On May 2, 2001, the Commission approved the annexation of 11 noncontiguous parcels owned by the Town or the Windsor Water District. These parcels were being used for municipal services and housed municipal facilities. The Commission did not amend the Town’s sphere of influence to include these parcels. Staff therefore recommends that, in order to maintain consistency, the Commission not amend the Town’s sphere of influence to include the affected territory.

Williamson Act Contract

The affected territory is subject to a Williamson Act Contract. In April 2014, the Town filed a Notice of Non-Renewal with the County putting the parcel into a Phase-Out Period due to be completed on December 31, 2022. As required by state law, when a change of organization would result in the annexation to a city territory that is subject to a Williamson Act Contract, a city has the option to either succeed to the rights, duties, and powers of the county pursuant to Section 51243 or to attempt to exercise its option to not succeed to the rights, duties, and powers of the county.” The Town has chosen not to exercise its option.

The Commission’s policy on territory subject to Williamson Act Contracts allows for the annexation to a city territory for which a Notice of Nonrenewal has been served pursuant to Section 51245.

Should the Commission approve the annexation of the affected territory, staff recommends that, as a condition of approval, the Town is required to succeed to the rights, duties, and powers of the county pursuant to Section 51243 and to administer the terms and conditions of the Contract until the Phase-Out Period is complete. The County has informed the Town of its responsibilities under the Contract.

Waiver of Protest Hearing

Since the Town, as the owner of the affected territory has provided written consent to the proposal, state law allows the Commission to waive protest proceedings.

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 1.

Recommendation 

1. Approve the reorganization, as proposed, pursuant to the following findings and determinations:
   
   
a.         The affected territory meets the criteria for annexation under Section 56375 of the CKH Act which allows the Commission to approve the annexation of unincorporated, noncontiguous provided that the territory is located in the same county as that in which the city is located, is owned by the city and is used for municipal purposes
b.         The County of Sonoma has determined that the proposal is consistent with its General Plan.

c.         The purpose of the annexation is to provide the Town land use authority over the property and exempt the parcel from property taxes. 

 

2. Find that the proposal is categorically exempt from the provisions of CEQA pursuant to Sections 15319(b) (Annexation of Existing Facilities and Lots for Exempt Projects and Section 15061(b)(3) (General Rule) of the State CEQA Guidelines.
3. Waive protest proceedings.

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

Attachments 

1. Factors for Consideration
2. Draft Resolution
3. Town Documents
4. Map of Affected territory