To: Sonoma County Board of Supervisors
Department or Agency Name(s): Permit Sonoma
Staff Name and Phone Number: Jon Olin, (707) 565-7385
Vote Requirement: Majority
Supervisorial District(s): Countywide
Title:
Title
Second Reading and Adoption of an Ordinance Effecting a Minor Boundary Adjustment between Napa and Sonoma Counties
End
Recommended Action:
Recommended action
Adopt the Ordinance introduced on January 23, 2024, effecting a Minor Boundary Change Adjustment between Napa and Sonoma Counties.
end
Executive Summary:
At a public hearing on January 23, 2024, the Board of Supervisors introduced and waived further reading of a proposed ordinance effecting a Minor Boundary Change Adjustment between Napa and Sonoma Counties.
On September 11, 2023, Sheldon Richards of Napa County (“Petitioner”), submitted a Petition to the Clerk of the Napa County Board of Supervisors to consider a minor change of the boundary between Napa and Sonoma Counties.
The current county line runs through the Petitioner’s property located at 41013 Spring Mountain Road, St. Helena and Petitioner seeks to align the county line with the property line. The petition seeks to transfer approximately 1.41 acres from Sonoma County to Napa County and approximately 0.02 acres from Napa County to Sonoma County.
The boundary adjustment qualifies under the Government Code as a Minor Boundary Change and will not have any impact to existing property lines, tax assessments, or the boundaries of special districts and provision of services to areas on both sides of the county line.
Discussion:
At its regular meeting on January 23, 2024, the Board of Supervisors introduced, read the title of, and waived further reading of the Ordinance effecting a minor change to the boundary between Napa and Sonoma Counties. The final version of the Ordinance introduced by the Board on January 23, 2024 is included as Attachment 1. This Board item now seeks second reading and adoption of that Ordinance.
On September 11, 2023, Petitioner petitioned the Napa County Board of Supervisors to approve a minor change to the boundary between Napa and Sonoma County pursuant to Government Code Section 23200. On October 10, 2023, the Napa County Board of Supervisors adopted a resolution setting a hearing on the Petition for the proposed boundary adjustment for November 28, 2023. There were no protests from the public to the proposed boundary adjustment and the Napa County Board of Supervisors directed staff to bring back an ordinance effecting the boundary adjustment, substantially similar to the attached Ordinance.
The County boundary adjustment qualifies under the criteria of California Government Code section 23200 et seq. as a “Minor Boundary Change” because the petition seeks a change which will not (a) move the county line more than 5 miles from its original location, (b) reduce either county’s area by more than 5 percent, or (c) reduce either county’s population by more than 5 percent.
The Napa County Clerk determined that the Petitioner’s signature represents more than 25 percent of the ownership of the 1.43 acres of affected territory. Accordingly, the Napa County Board of Supervisors was required to adopt a resolution setting a time, date, and place for a public hearing to consider the “Minor Boundary Change.” Based on the evidence and testimony at the public hearing, the Napa County Board of Supervisors determined that the proposed boundary adjustment met the conditions for a Minor Boundary Change under Government Code section 23202. Therefore, the Boards of both counties are required to adopt substantially similar ordinances effecting the boundary adjustment pursuant to Government Code section 23210.
Procedural Authority
Minor County Boundary Changes are governed by California Government Code section 23200 et seq. The authority for the Board to approve the proposed ordinance derives from Government Code section 23210, which requires Board approval within 30 days of the Public Hearing held by the Napa County Board of Supervisors. The Petitioner has agreed to allow an extension of that 30-day period due to the holidays and Board schedules for the respective counties.
Environmental Impact
California Environmental Quality Act Determination: The proposed action is not a project as defined by Section 15378 of the CEQA Guidelines and therefore not subject to CEQA.
Strategic Plan:
Racial Equity:
Was this item identified as an opportunity to apply the Racial Equity Toolkit?
No
Prior Board Actions:
01/23/2024: The Board introduced, read the title of, and waived further reading of the Ordinance.
Fiscal Summary
Narrative Explanation of Fiscal Impacts:
Not Applicable
Narrative Explanation of Staffing Impacts (If Required):
Not Applicable
Attachments:
Attachment 1: Draft Ordinance Adjusting the Napa-Sonoma Boundary
Attachment 2: Napa County Petition
Attachment 3: Ordinance Introduced by Napa County Board on Jan. 10, 2024.
Related Items “On File” with the Clerk of the Board:
Not Applicable