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2002/10/22 City Council Resolution (9)RESOLUTION NO. 2002 -2- 8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK, CALIFORNIA, DIRECTING STAFF TO SUBMIT AN APPLICATION TO THE SONOMA COUNTY LOCAL AGENCY FORMATION COMMISSION TO REMOVE APPROXIMATELY 170.49 ACRES IN THE SOUTHEAST SPECIFIC PLAN AREA FROM THE CITY'S SPHERE OF INFLUENCE WHEREAS, on July 25, 2000 the City Council approved Resolution No. 2000- 152 adopting a comprehensive update of the City's General Plan. WHEREAS, a lawsuit entitled South County Resource Preservation Committee and John E. King v. City of Rohnert Park was subsequently filed alleging that the environmental analysis prepared for the General Plan and certified as complete by the City did not comply with the provisions of the California Environmental Quality Act. WHEREAS, on September 5, 2002, the parties to the lawsuit reached a Settlement Agreement without any admission of liability and to avoid the expense of further litigation. The Settlement Agreement requires the City to submit an application to amend its sphere of influence (SOI) to remove approximately 170.49 acres within the Southeast Specific Plan Area ( "Subject Area "), more particularly described on Exhibit A to this resolution. WHEREAS, on October 22, 2002, the City Council of the City of Rohnert Park approved a General Plan Amendment to remove approximately 170.49 acres, bounded by Valley House Road to the north, Petaluma Hill Road to the east, Railroad Avenue to the south, and the existing Rohnert Park City Limits to the west, from the City's Sphere of Influence and to amend related General Plan text and figures. WHEREAS, Section 56428 of the Government Code allows for the amendment of a local agency's SOI by the Local Agency Formation Commission ( LAFCO), provided the local agency files a written request with the LAFCO Executive Officer for said amendment. WHEREAS, City Staff has completed the necessary application and supporting materials for the SOI amendment application. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Rohnert Park as follows: Section 1. :The proposed amendment to the Sphere of Influence is consistent with the goal of the Hertzberg- Cortese -Knox Act to discourage urban sprawl and preserve open space and agricultural lands in that (a) the amendment removes property at the most southeasterly edge of the proposed ultimate boundaries of the City of Rohnert Park which property is in open space and is designated in the City's General Plan for Open Space Agriculture and Resource Management and allows the entire area to remain under County of Sonoma's Open Space — Agriculture and Resource Management land use designation; (b) the property is not necessary to meet the City's Quantified Goals and Objectives set forth in its Housing Element; and (c) over one -half of the property is outside the City's Urban Growth Boundary and designated for Open Space - Agriculture and Resource Management (non -urban use) and more appropriately belongs within the jurisdiction of the County of Sonoma because of its consistency with the surrounding County — zoned- lands. Section 2. The proposed amendment to the Sphere of Influence is consistent with the goal of the Hertzberg- Cortese -Knox Act to provide for efficient urban development patterns in that there is land zoned for industrial use to the west of the property and within the City's incorporated boundaries which has not yet developed with urban industrial uses. Section 3. The proposed amendment to the Sphere of Influence is consistent with the goal of the Hertzberg- Cortese -Knox Act to develop existing vacant lands within the City before development outside the jurisdiction of the City in that there is existing vacant industrial property to the west of the property which has not yet developed with urban industrial uses. Section 4. The proposed amendment to the Sphere of Influence will preserve and enhance groundwater recharge and resources by removing the property, designated as a groundwater recharge area in the Penngrove Specific Plan, from industrial development, which tends to produce a substantial amount of impervious surfaces. Section 5. The proposed amendment to the Sphere of Influence is consistent with General Plan Program 21 -A which requires the City to work to mitigate the impact of implementation of the General Plan on traffic in the Penngrove area in that removal of this property from the Sphere of Influence will reduce the number of vehicle trips onto Petaluma Hill Road as a result of the implementation of the General Plan. Section 6. The proposed amendment to the Sphere of Influence is consistent with General Plan Goal OS -C — Minimize conflicts between agricultural and urban uses — by providing a wider buffer between urban uses to the north and west from agricultural and open space uses to the south and east. Section 7. The proposed amendment to the Sphere of Influence is consistent with the goal of the Hertzberg- Cortese -Knox Act to preserve open space and agricultural lands in that the removal of the property from the Sphere of Influence provides a wider buffer and separation between urban uses to the north and west from open space and agricultural lands to the south and east. Section 8. The proposed amendment to the Sphere of Influence is consistent with the goals of the General Plan of the County of Sonoma to protect lands currently in agricultural production and to retain large parcel sizes for agricultural use. Section 9. The EIR prepared for the General Plan demonstrates that the amendment to the Sphere of Influence is consistent with the present capacity of the City of Rohnert Park to provide water and wastewater services to the property. Section 10. The proposed amendment to the Sphere of Influence supports and enhances the community of Penngrove, which shares certain similar social and economic goals including preservation of the historic agricultural use of land; preservation of groundwater; reduction of traffic; and preservation of open space. Section 11. The City Manager is directed to sign the Indemnification Agreement required by LAFCO, as negotiated by the City Attorney, and directs Staff to submit an application to LAFCO with the appropriate filing fee to remove approximately 170.49 acres, bounded by Valley House Road to the north, Petaluma Hill Road to the east, Railroad Avenue to the south, and the existing Rohnert Park City Limits to the west (APNs 046- 051 -014, 047 - 111 -029, 047 - 111 -046, and 047 - 111 -050), from the City's sphere of influence. DULY AND REGULARLY ADOPTED on this 22nd day of October 2002 by the City Council of the City of Rohnert Park. Attest: Ci �,w. Z' Mayor, City of Rohn@ftf ark MACKENZIE: AYE REILLY: AYE VACANCY: NIA VIDAK- MARTINEZ: AYE FLORES: AYE AYES: (4) NOES: (0) ABSENT: (0) ABSTAIN: (0) 3