3.3 Staff Report

Analysis  

Background

The City of Cloverdale has requested a reorganization involving annexation of a single parcel totaling approximately 3.2 acres, generally located west of South Cloverdale Blvd. and U.S. Highway 101, south of Sandholm Lane and north of Kelly Road, south and west of the City of Cloverdale.

The parcel is within the City’s sphere of influence, voter-approved Urban Growth Boundary, and the “urban service area” boundary for the City in the Sonoma County General Plan. Upon annexation, it would be detached from County Service Area No. 41 (Multi-Services) but would remain within the Cloverdale Fire Protection District whose territory includes and surrounds the City.

A large portion of the parcel is currently developed with a 6,800-square foot fuel pump island and canopy, a 4,800-square foot office/warehouse building, ADA-compliant parking, and bathroom facilities. A 4,800-square foot pole barn, where delivery trucks can be parked and stored, is located in an unpaved area in the northern portion of the property.

Territory to the north – within the City boundary – supports industrial uses, including mechanical repair shops and a contractor office and storage yard. An industrial/wood chip storage and processing facility is located south of the property, while recreational vehicle storage is found to the west; the property is bounded to the east by South Cloverdale Blvd. and U.S. Highway 101

Reason for Proposal

The proposed annexation to the City represents the final step of a several-step process that began in August 2013 when the company negotiating to purchase the property (variously referred to as Renner Petroleum/L&M Renner/MLRX2 LLC) applied, with the permission of the owner (the estate of Johnnie Edgar), to the County to develop the site into a member-only card-lock gas and diesel fueling station. At the time of application, two structures – a 4,800-square foot building used as an office, parts and equipment storage and repair shop and a 4,800-square foot pole barn – were  located on the parcel that had been the site of a former JET trucking facility. The site had been served by the South Cloverdale Water Company, had an on-site unpermitted septic system, and sat unused for many years.

The proposed development included a large fueling island, commercial driveways, and parking for large trucks with the structures in place proposed to be retained.

In September 2013, after the submittal of the application to the County, it was determined that the septic system had failed (no records of the design of the system were located). Soon after, Renner requested extension of utility services from the City of Cloverdale and indicated willingness to annex the property to the City. (Property records indicate that MLRX2, LLC officially purchased the property in January 2014.)

In May 2014, at the recommendation of its staff, the City Council agreed to extend utility services. In mid-June the City and MLRX2, LLC signed a “pre-annexation and outside service area agreement” stipulating the conditions of the extension. In an administrative action following that, the LAFCO Executive Officer approved an Outside Service Area Authorization for extension of City services to the parcels. It should be noted that, during the process that began in 2013, both LAFCO staff and staff from Permit Sonoma advocated for submittal of an application for annexation as a condition of the extension of services.

As a follow-up to that sentiment, one section of the agreement between the City and the owner directed the owner to apply for pre-zoning to the City, obtain that support and apply to and receive approval of annexation from Sonoma LAFCO, all within nine months of receiving a conditional use permit and design review approval for the project from the County.

For a number of reasons, primarily associated with preparation of the map and boundary description; recruitment of proponents to facilitate the completion of application documents for the City and LAFCO; and a further change in ownership in 2016, that timeline was not met. Over the last several years, staff has been in contact with City staff and representatives of the owner in an effort to accelerate the submittal of an application for annexation.

City Actions: Pre-Zoning; Environmental Review

In September 2017, in Ordinance No. 716-2017, the Cloverdale City Council pre-zoned the subject parcel to the General Industrial (M-1) district, consistent with its General Plan Land-Use Designation of General Industry (GI). The Council found that the pre-zoning was consistent with the goals, objectives, policies and programs of its General Plan and Municipal Code and would not adversely affect the public health, safety or welfare or result in an illogical land use pattern.

As the lead agency pursuant to the California Environmental Quality Act (CEQA), the City prepared an Initial Study to determine the environmental impacts of the proposed pre-zoning and annexation. The Initial Study identified potentially significant effects on aesthetics, hazards, and traffic/transportation and recommended measures so that these impacts could be mitigated to less-than-significant. As a result of the analysis, the City Council adopted the MND and a Mitigation Monitoring and Reporting Program in Resolution No. 058-2017, in September 2017.

The Commission is a responsible agency for the proposal pursuant to CEQA.

Copies of the City’s actions can be found as Attachment 3, for Commissioners’ information.

Consent of Owner

The owner of the subject parcel initiated the application for pre-zoning to the City, in accordance with the stipulated condition of service extension from the pre-annexation agreement of 2014. The City ultimately assumed responsibility for submittal of the application to LAFCO. In that the owner has consented, pursuant to state law, the Commission may waive the protest proceeding.

 Individual Factors for Consideration

California Government Code section 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:

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

 b.    The reason for the reorganization is to comply with a condition of the June 2014 Pre-Annexation and Outside Service Area Agreement between the City and the property owner to annex this property to the City, after the City and LAFCO approved extension of utility services to alleviate a health and safety issue.

 c.    The City has indicated that it can continue to provide services to the affected territory upon annexation.

 d.    The proposal is consistent with the provisions of the Sonoma County General Plan. 

2. 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. 

3. 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 2). 

Alternatives to Recommendation 

None. The affected territory is developed and is receiving City utility services. Annexation of the parcel is a logical extension of the City boundary and is a fulfillment of a condition required in an agreement to receive City utility services in 2014.

Attachments 

1. Factors for Consideration
2. Draft Resolution.
3. City of Cloverdale Actions
4. Preliminary Map