2006/05/23 City Council Resolution (18)RESOLUTION NO. 2006 -148
A RESOLUTION OF APPLICATION BY THE CITY COUNCIL OF THE
CITY OF ROHNERT PARK, CALIFORNIA, TO THE SONOMA LOCAL AGENCY
FORMATION COMMISSION FOR THE REORGANIZATION OF TERRITORY
LOCATED ON EACH SIDE OF HINEBAUGH CREEK, EAST OF THE CURRENT CITY
LIMITS, SOUTH OF KEISER AVENUE, WEST OF PETALUMA HILL ROAD,
AND NORTH OF COPELAND CREEK (APN 045-253-007,045-253-009 THROUGH —012,
045- 253 -014, 045- 253 -017, 045- 253 -018, 045 -262 -001 THROUGH -004, 047 - 131 -019, AND
047 - 131 -024 THROUGH -027)
(City of Rohnert Park)
WHEREAS, the City of Rohnert Park adopted its General Plan in 2000;
WHEREAS, the citizens of the City of Rohnert Park approved an Urban Growth Boundary
(UGB) in 2000 which defines the limits of future development;
WHEREAS, the City of Rohnert Park General Plan includes properties outside of the current
City limits and within the City's Sphere of Influence (SOI) and UGB that are intended to be annexed
to the City upon preparation of Specific Plans for these properties;
WHEREAS, the approximately 297 acre area located on each side of Hinebaugh Creek, east
of the current city limits, south of Keiser Avenue, west of Petaluma Hill Road, and north of Copeland
Creek (APN 045- 253 -007, 045- 253 -009 through —012, a portion of 045- 253 -018, 045- 262 -001
through -004, 047 -131 -019, and 047 - 131 -024 through -027) is identified in the General Plan as the
University District Specific Plan Area;
WHEREAS, the applicants for the University District project have prepared the required
Specific Plan for the University District along with a Final Envirorunental Impact Report for the
project;
WHEREAS, the University District Specific Plan properties are intended to be annexed to the
City and have been prezoned "Specific Plan District (SP)" in conformance with the City's General
Plan;
WHEREAS, the City Council determines that the project.is consistent with the General Plan,
as stated in Resolution adopting a General Plan Amendment for this project;
WHEREAS, California Government Code Section 56744 prohibits any annexation that would
result in the creation of an unincorporated island or islands (unincorporated territory substantially
surrounded by a city);
WHEREAS, limiting the annexation subject territory to the University District Specific Plan
Area would create an unincorporated island (APNs 045- 253 -014, 045- 253 -017, and a portion of 045-
253 -018) comprised of Creekside Middle School and portions of a SCWA flood control channel;
WHEREAS, the Creekside Middle School site and the parcels containing portions of the
SCWA flood control channel are intended to be annexed to the City in conjunction with the
annexation of the University District Specific Plan Area and have been prezoned "Public /Institutional
(P -I)" in conformance with the City's General Plan;
WHEREAS, all unincorporated right -of -way on Keiser Avenue, Snyder Lane, and Rohnert
Park Expressway that lies adjacent to the University District Specific Plan Area and Creekside Middle
School is intended to be annexed to the City;
WHEREAS, annexation of the territory described herein and depicted generally in the
attached Exhibit "A" will necessitate concurrent detachment of the same from the Rancho Adobe Fire
Protection District and County Service Area 41;
WHEREAS, a reorganization is defined by California Government Code Section 56073 as a
single proposal involving two or more changes of organization, such as annexation and detachment;
WHEREAS, pursuant to California State Law and the Rohnert Park Municipal Code, public
hearing notices were mailed to all property owners within an area exceeding a 300 foot radius of the
subject property, public hearing notice signs were posted on the property, and a public hearing was
published for a minimum of 10 days prior to the first public hearing in the Press Democrat;
WHEREAS, on April 13, 2006, April 27, 2006, and May 11, 2006, the Planning Commission
held public hearings at which time interested persons had an opportunity to provide public testimony
either in support of or opposition to the proposal;
WHEREAS, on May 23, 2006, the City Council held a public hearing at which time
interested persons had an opportunity to provide public testimony either in support of or opposition to
the proposal;
WHEREAS, the City Council certified the Final Environmental Impact Report prepared for
the University District Specific Plan and has otherwise carried out all requirements of the California
Environmental Quality Act;
WHEREAS, California Government Code Section 56654(a) states that "a proposal for a
change of organization or reorganization may be made by the adoption of a resolution of application
by the legislative body of an affected agency ";
WHEREAS, the Sonoma Local Agency Formation Commission (LAFCO) is the legislative
body that considers applications for a reorganization; and
WHEREAS, the Planning Commission reviewed the proposed reorganization and
recommended the submission of a resolution of application to Sonoma LAFCO.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. That the above recitations are true and correct.
Section 2. Environmental Clearance. The City adopted CEQA findings, a statement of
overriding considerations, and a mitigation and monitoring plan in connection with the General Plan
Amendment adopted in Resolution20p�� ft, in connection with the University District Specific Plan
Project ( "Project "). The City is now granting an approval subordinate to the General Plan
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Amendment, for all or a portion of the Project addressed in that prior Resolution. In connection with
that subordinate approval, the City finds that each of the mitigation measures applicable to the
subordinate approval, and which was found in Resolution jop _l ;„ to avoid or reduce potentially
significant impacts, has been unposed as a condition of approval of that subordinate approval. In
addition, the City finds that there have been no substantial changes in the aspects of the Project
reflected in the subordinate approval, the surrounding circumstances, or the balance between the
benefits of the aspects of the Project reflected in the subordinate approval and the acceptability of its
significant and unavoidable impacts. There are no substantial changes proposed in the Project which
will require major revisions of the previous EIR due to the involvement of new significant
environmental effects or a substantial increase in the severity of previously identified significant
effects; no substantial changes with respect to the circumstances under which the project is
undertaken which will require major revisions of the previous EIR due to the involvement of new
significant environmental effects or a substantial increase in the severity of previously identified
significant effects; and no new information of substantial importance; which was not known and
could not have been known with the exercise of reasonable diligence at the time the previous EIR was
certified as complete. Accordingly, no supplemental or subsequent EIR is required or appropriate.
NOW THEREFORE BE IT RESOLVED, that the City Council does hereby approve this
resolution of application to Sonoma LAFCO for reorganization of territory located on each side of
Hinebaugh Creek, east of the current City limits, south of Keiser Avenue, west of Petaluma Hill
Road, and north of Copeland Creek (APN 045- 253 -007, 045- 253 -009 through -012, 045- 253 -014,
045 - 253 -017, 045- 253 -018, 045- 262 -001 through -004, 047 - 131 -019, and 047 -131 -024 through -
027).
BE [T FURTHER RESOLVED that in accordance with the policies of the Sonoma LAFCO,
the recommended title of this proposal is " Rohnert Park Reorganization 06 -1 involving Annexation to
the City of Rohnert Park and detachment from the Rancho Adobe Fire Protection District and County
Service Area No. 41 (Multi - Services)" and the recommended short from designation is "University
District Reorganization."
BE IT FURTHER RESOLVED that said action shall not be deemed final until the appeal
period has expired and that the appeal period shalt be 10 working days from the date of said action.
No building permits shalt be issued until the appeal period has expired, providing there are no
appeals.
C
DULY AND REGULARLY ADOPTED the 23rd day of May, 2006 by
the City of Rohnert Park City Council.
CITY OF ROHNERT PARK
ATTEST:
(19
Deputy City Clerk
Mayor Tim Smith
eRT P, h"
BREEZE: AYE FLORES: AYE MACKENZIE: AYE VIIDAK- MARTINEZ: AYE SMITII: AYE
AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0)
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Exhibit A: University District Area Reorganization
i �
Sonoma County
______
j Reorganization Subject Territory
City of Rohnert Park
Unincorporated
Source: County of Sonoma GIS
Prepared by DS
April 14, 2006
Assessor Parcel Numbers per Most Recent Roll
Not to scale