Meeting Date: February 2, 2022Agenda No: Item No. 6.1Agenda Item Title:Northwest Santa Rosa Reorganization No. 18-01(Levy)

Background  

In 2020, Greg Levy, as Chief Petitioner, filed an application for the reorganization of five parcels along College Avenue and Link Lane in Northwest Santa Rosa. The Commission approved the reorganization at its meeting of June 6, 2020. Mr. Levy subsequently withdrew the application and the reorganization was not completed. 

In September 2021, Mr. Levy filed a new application for the reorganization of three parcels, two parcels along West College Avenue west of Link Lane and east of Stony Point Road, in northwest Santa Rosa (APN 037-031-051 and -019) and one parcel just south of APN 037-031-051 and fronting Link Lane (APN 037-031-050). Mr. Levy has requested a reorganization consisting of annexation of these three 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). Two of the parcels are developed with single-family residences and APN 037-022-019 is vacant.

Annexation of the 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. To the east is 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.  

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  

City Actions

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 expand 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 it would set the annexation boundary to include the whole of the Clover Drive Island and pre-zone all the parcels within the boundary. In April 1987, the City Council pre-zoned the 132 properties to the Rural Residential zoning district, which was consistent with the Very Low Density land-use designation of the City’s General Plan. 

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. 

Two of the subject parcels, located along the south side of West College, are 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.

In Ordinance No. 3993, 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. The pre-zoning for the 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 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: 

The Commission previously made CEQA findings with respect to the Proposal in Resolution No. 2729, and these findings remain valid.  The removal of two parcels from the previously approved reorganization will not have any environmental impacts, and pursuant to CEQA Guidelines, section 15162(b), no further environmental documentation or review is required.  The Commission’s prior approval on June 24, 2020 (Resolution No. 2729) is attached to this report (Attachment 1)

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

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 Santa Rosa and within the City’s voter-approved Urban Growth Boundary and the “urban service area” boundary of the Sonoma County General Plan. 

b.    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.

c.    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, 

a.    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.

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 Air Quality and Transportation and Circulation.

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). 

None

1. Commission Resolution 2729 dated June 24, 2020
2. Factors for Consideration
3. Draft Resolution
4. Preliminary Map and Boundary Description

The City documents referenced in this staff report were provided to the Commission and made available to the public at the June 24, 2020 Commission meeting. Copies of these documents will be furnished upon request.