2001/11/27 City Council Resolution (11)RESOLUTION NO. 2001 -252
A Resolution of the City Council
of the City of Rohnert Park Establishing
Policy Regarding Mitigation of Community Separator Encroachment
WHEREAS, the City Council adopted its Resolution No. 2001 -205 approving an
agreement between Rohnert Park and the County of Sonoma regarding the expansion of
Rohnert Park's sphere of influence and the mitigation of community separator land
through the acquisition and preservation of permanent open space; and
WHEREAS, the City Council wishes to adopt this resolution to establish a policy
and a process to evaluate proposals to mitigate encroachments into community separator
land.
NOW, THEREFORE, the City Council of the City of Rohnert Park does hereby resolve
as follows:
SECTION ONE. PURPOSE. The purpose of this resolution is to implement Policies
OS -3 through and including OS -5 of General Plan 2000 and the Agreement with the
County of Sonoma adopted by Resolution No. 2001 -205 ('Sphere of Influence
Agreement ").
SECTION TWO. REQUIREMENT FOR MITIGATION. All development in the
Northwest Area Specific Plan and Wilfred - Dowdell Specific Plan area established by the
General Plan and within the County- designated Rohnert Park Community Separator shall
be mitigated by the permanent preservation of open space lands through grants in fee title
or easement to the appropriate governmental body (other than Rohnert Park) or other
third party entity.
SECTION THREE. THIRD PARTY ENTITY. Permanent preservation of open
space requires the participation of a third party entity, such as the Sonoma County
Agricultural Preservation and Open Space District or a private, non - profit land trust. The
Planning and Community Director shall establish a list of third party entities that are
interested in participating in the process established by this resolution.
SECTION FOUR. PROPOSAL FOR PERMANENT PRESERVATION. A
property owner, developer, or other applicant within the Northwest Area Specific Plan
and Wilfred- Dowdell Specific Plan area established by the General Plan who proposes
development within the County- designated Rohnert Park Community Separator, shall
submit a written description of the property proposed for permanent open space
preservation to satisfy the requirements of General Plan Policy OS -3. The written
description shall be made no later than the date on which an application for tentative
subdivision map or other discretionary approval is made. The submittal shall include a
written statement from a third party entity that it is prepared to accept an easement over,
or fee title to, the property proposed for preservation. Upon receipt of the submittal, the
Planning and Community Development Director shall evaluate the submittal to verify
that the property proposed for permanent open space preservation is consistent with the
factors described in Section Five of this resolution.
Resolution No. 2001- 252
(Page 2 of 2)
SECTION FIVE. EVALUATION FACTORS. The Planning and Community
Development Director shall verify that the property proposed for permanent preservation
pursuant to Section Four of this resolution is consistent with the following factors:
A. The property proposed for permanent preservation is either "first priority" or "second
priority" land as those phrases are defined and depicted in the Sphere of Influence
Agreement. A map depicting "first priority" and "second priority" lands is attached
to this resolution as Exhibit A.
B. The property is adjacent to previously protected lands or proposed protected lands.
(General Plan Policy OS -5 states that open space parcels should be aggregated to the
maximum extent feasible, in order to avoid piecemeal acquisition that would not
serve to mitigate the loss of Community Separator lands).
C. The property is visible from the incorporated boundaries of Rohnert Park.
D. The property is located entirely within the Planning Area established by the General
Plan.
SECTION SIX. FINALVERIFICATION. Within fourteen (14) days of the submittal
pursuant to Section Four, the Planning and Community Development Director shall make
a recommendation to the City Council regarding whether the property is or is not
consistent with General Plan 2000, the Sphere of Influence Agreement and Section Five
of this Resolution. The City Council shall make the final determination whether the
proposed property is consistent with General Plan 2000, the Sphere of Influence
Agreement, and Section Five of this Resolution.
SECTION SEVEN. PAYMENT OF IN -LIEU FEE. The City Council shall adopt a
resolution allowing the payment of a fee in lieu of dedication of a conservation easement
or fee title to the third party entity, in the event that the City Council finds that unique
circumstances warrant payment of a fee rather than provision of land and that payment of
a fee is consistent with General Plan 2000, the Sphere of Influence Agreement, and this
Resolution. The resolution adopting the fee shall explain the uniformly applicable fee
amount shall be based upon appraised value of land, the unique circumstances that may
warrant payment of the fee, and the intent of the City to enter into contracts with third
party entities for their use of fee revenues for the permanent preservation of open space.
DULY AND REGULARLY ADOPT%ftVy the Council of the City of Rohnert Park this
27'h day of November, 2001. w®wNARK
ATTEST: A--�'J CITY OF ROHNERT PARK