To: Sonoma County Board of Supervisors
Department or Agency Name(s): Permit Sonoma
Staff Name and Phone Number: Scott Orr (707) 565-1754, Katerina Orella (707) 565-1392
Vote Requirement: Majority
Supervisorial District(s): Second
Title:
Title
1:40 P.M. Permit Sonoma File No. ZPE26-0058 amending an existing Open Space Easement on three contiguous parcels totaling approximately 115.12 acres located at 1901 Frates Road, Petaluma.
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Recommended Action:
Recommended action
Adopt a Resolution finding the action exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) and approving and accepting an amended Open Space Easement located at 1901 Frates Road, Petaluma; APN 017-050-006, 017-140-011, & 017-140-012; Permit Sonoma File No. ZPE26-0058. (Second District)
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Executive Summary:
Adobe Investments, LLC has filed a request for a Zoning Permit to amend the County held Open Space Easement encumbering APNs 017-050-006, 017-140-011, and 017-140-012, recorded on September 6, 1990, as Document No. 1990-0089325 of Sonoma County Records. The proposed amendments would allow for a one-time annexation of the subject property, a minor subdivision of up to four legal parcels, if minimum density and development standards can be met, and expand the permitted uses under Section 8 of the easement to include Commercial Horse Facilities and Stables and/or Sports and Entertainment Assembly uses and activities subject to the requirements of the underlying zoning district and establishing a maximum lot coverage of 15% for the property. No changes to land use, zoning, or development are proposed as a part of this amendment. The proposed amendments are intended to address changed site conditions, like the closure of the previously approved golf course and remain consistent with the original intent of the Open Space Easement to allow limited recreational facilities which retain the open nature of the majority of the site. Future proposed uses and/or development will continue to be subject to the permitting requirements of the Zoning Code.
Discussion:
Background
On July 23, 1987, the Sonoma County Board of Zoning Adjustments adopted Resolution No. 87-123 approving a Use Permit, Permit Sonoma File No. UP87-118, for the development of a golf course and related facilities on the subject property. Condition of Approval 18 of UP87-118 required the developer to enter into an Open Space Easement with the County of Sonoma for the purposes of limiting the uses and development of the site to a golf course, accessory uses approved by the use permit, agriculture and other open space land uses approved by the County.
On August 28, 1990, the Sonoma County Board of Supervisors adopted Resolution No. 90-1636 accepting and authorizing an Open Space Easement on the subject property. The Open Space Easement was recorded on September 6, 1990, as Document No. 1990-0089325 of Sonoma County Records.
Adobe Investments, LLC seeks approval of an amended Open Space Easement on APN 017-050-006, 017-140-011, and 017-140-012 to support future recreational land uses and continued maintenance of the property’s existing visually open development pattern and scenic beauty.
Site Characteristics
The project site includes three contiguous parcels totaling approximately 115.12 acres under the same ownership, Adobe Investments, LLC, a California limited liability company. The parcels are located at 1901 Frates Road just outside the city boundaries of Petaluma. Maximum lot coverage permitted in the K zoning district is 50% of the lot and can be exceeded subject to the granting of a Use Permit as provided in Sonoma County Code Section 26-16-050(C).
Zoning for APN 017-050-006 is K (Recreation and Visitor-Serving Commercial District) with combining districts for F2 (Floodplain), RC50/25 (Riparian Corridor with 25 and 50-foot setbacks), and VOH (Valley Oak Habitat).
Zoning for APN 017-140-011 is K (Recreation and Visitor-Serving Commercial District) with a combining district for VOH (Valley Oak Habitat).
Zoning for APN 017-140-012 is K (Recreation and Visitor-Serving Commercial District) with combining districts for F2 (Floodplain), RC50/25 (Riparian Corridor with 25 and 50-foot setbacks), SR (Scenic Resources), and VOH (Valley Oak Habitat).
Proposed Amendments to Open Space Easement
The proposed resolution includes the following amendments to the Open Space Easement. The full proposed amendments are shown in Attachment 3.
• Section 2, Grant of Easement, is amended to allow the one-time annexation of up to 36 acres within the subject property into the City of Petaluma. The property annexed into the City will no longer be subject to the Open Space Easement.
• Section 5, No Subdivision, is amended to allow for subdivision of the subject property of up to four legal parcels, if the minimum requirements of density and development standards of the Recreation and Visitor-Serving Commercial District can be met.
• Section 8, Permitted Uses, is amended to include the following: new permitted uses and activities of Commercial Horse Facilities and Stables and/or Sports and Entertainment Assembly, notwithstanding the permitting requirements of the underlying zoning district, allow a 1,200 square foot caretaker unit, define open spaces uses, and limit all future development on the property to a maximum of 35 feet in height, and no more than 15% or 17.26 acres of lot coverage for the property. Additionally, no exception to exceed the maximum lot coverage limitation per Section 26-16-050(C) shall be allowed.
General Plan Consistency
The project site has a General Plan land use designation of Recreation and Visitor Serving Commercial which provides for both outdoor recreation uses, and the commercial service needs of visitors and travelers. The proposed amendments to the open space easement are compatible with the goals, objectives, and policies of the Sonoma County General Plan that seek to reduce land use impacts and support tourism and economic activity.
Environmental Review
The proposed amendments to the Open Space Easement are exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15061(b)(3) because CEQA applies only to projects which have the potential for causing a significant effect on the environment. The project involves minor amendments to an existing Open Space Easement that do not result in immediate direct or indirect physical changes to the environment. It can be seen with certainty that there is no possibility the proposed Open Space Easement amendments will result in a direct or indirect physical change in the environment.
Staff Recommendation
Staff recommends the Board adopt a resolution finding the action exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) and approving an amended Open Space Easement located at 1901 Frates Road, Petaluma.
Strategic Plan:
Not Applicable.
Racial Equity:
Was this item identified as an opportunity to apply the Racial Equity Toolkit?
No
Prior Board Actions:
Not Applicable.
Fiscal Summary
Narrative Explanation of Fiscal Impacts:
Not Applicable.
Narrative Explanation of Staffing Impacts (If Required):
Not Applicable.
Attachments:
Attachment 1: ZPE26-0058 Draft Board of Supervisors Resolution
Attachment 2: ZPE26-0058 Draft Board of Supervisors Resolution Exhibit A - Amended and Restated Grant of Open Space Easement
Attachment 3: ZPE26-0058 Amended Open Space Easement with track changes
Attachment 4: Sonoma County Board of Zoning Adjustments Resolution No. 87-123
Attachment 5: Sonoma County Board of Supervisors Resolution No. 90-1636
Attachment 6: Recorded Open Space Easement dated September 6, 1990
Attachment 7: ZPE26-0058 Proposal Statement
Attachment 8: Assessor’s Parcel Map
Attachment 9: PowerPoint Presentation
Related Items “On File” with the Clerk of the Board:
Not Applicable