2019/06/27 Planning Commission Resolution (3)PLANNING COMMISSION RESOLUTION NO. 2019-21
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROHNERT
PARK RECOMMENDING THAT CITY COUNCIL SUBMIT AN ORDINANCE TO
THE VOTERS THAT WOULD EXTEND THE DURATION OF THE CITY OF
ROHNERT PARK URBAN GROWTH BOUNDARY (“UGB”) TO DECEMBER 31, 2044
AND REVISE THE BOUNDARIES OF THE UGB TO EXCLUDE FROM THE UGB AN
APPROXIMATELY 80 ACRE AREA OF LAND LOCATED ON THE SOUTHWEST
CORNER OF PETALUMA HILL ROAD AND VALLEY HOUSE DRIVE (ASSESSOR’S
PARCEL NUMBER 047-111-050) AND RELATED ACTIONS
WHEREAS, Rohnert Park voters approved ballot initiative “Measure N” in
January 2000 to establish a 20-year Urban Growth Boundary (“UGB”) and related policies;
and
WHEREAS, by its terms, Measure N sunsets on June 30, 2020; and
WHEREAS, through the General Plan update process both the Planning
Commission and the City Council have expressed intent to place a measure on the ballot to
extend the duration of the UGB until December 31, 2044 and reduce the boundaries of the
UGB to exclude an approximately 80 acre area located at the southeasterly corner of the
City; and
WHEREAS, the proposed ballot measure includes an Ordinance of the City Council of
the City of Rohnert Park which will amend the City’s General Plan in order to extend the term of
the UGB from 2020 through 2044 and exclude a parcel at the south east corner of the current
UGB, consistent with the City’s approved Sphere of Influence; and
WHEREAS, the City has prepared an analysis of the proposed ballot measure to renew
the UGB under the California Environmental Quality Act (CEQA) and determined that the
measure will have no physical impact on the environment and is exempt from additional CEQA
review pursuant to CEQA Guidelines Section 15061(b)(3); and
WHEREAS, pursuant to California State Law and the RPMC, public hearing notices
were published in the Community Voice and posted in accordance with state law; and
WHEREAS, on June 27, 2019 the Planning Commission held a public hearing at which
time interested persons had an opportunity to testify either in support of or opposition to the
proposal; and
WHEREAS, the Planning Commission has reviewed and considered the information
contained in the staff report for the proposal.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City
of Rohnert Park makes the following findings, determinations and recommendations with respect
to the proposed UGB extension and revision, based on all evidence in the record, including the
oral and written staff reports and all oral and written testimony presented at the hearing:
Section 1. The above recitations are true and correct.
Section 2. Environmental Clearance. A review checklist was prepared for the project in
conformance with the California Environmental Quality Act which concludes, pending
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completion of the required Native American consultation, that the proposed ballot
measure has no environmental impacts and is exempt from CEQA pursuant to CEQA
Guidelines section 15061(b)(3) because it can be seen with certainty that there is no
possibility that the activity in question would have a significant effect on the environment
since:
1. It does not authorize any changes or increases in density or any physical construction;
2. It aligns the City’s proposed UGB with the City’s Sphere of Influence, the County’s
General Plan and Penngrove Area Plan and supports the implementation of the City’s
prior agreements regarding land use.
Any future projects within the UGB would undergo project-specific environmental review prior
to approval by the City.
Section 3. Factors. The Planning Commission makes the following findings and
recommendations with regard to the General Plan amendment:
1. That the proposed zoning and/or amendment is consistent with the general plan.
The proposed UGB renewal would extend the existing UGB and growth
management program for another 24 years, ensuring that future growth patterns
continue to conform to the policies of the General Plan. The proposed minor
revision to the boundaries ensures that the UGB is consistent with the City’s
adopted Sphere of Influence. The proposed Urban Growth Boundary Ordinance
would replace General Plan Policy GM-2, which is the existing UGB policy
which expires in 2020 and is consistent with the following General Plan goals:
LU-A Maintain a compact urban form with a defined urban growth boundary
and urban development intensities in land designated for urban use. Work with
other agencies to ensure that land surrounding the city is maintained in open
space.
GM-C Ensure that growth is paced to achieve General Plan buildout over a 24-
year period representing an annual average population growth of one percent.
GM-E Promote contiguous urban development and maintain a compact form
over successive stages of the City’s development.
GM-G Require all urban development in the Rohnert Park Planning Area to be
located within an Urban Growth Boundary; prohibit development outside the
Urban Growth Boundary.
2. That the proposed zoning and/or amendment will be beneficial to and not
detrimental to the public health, safety, or welfare.
The proposed UGB renewal will extend the City’s UGB for another 24 years
providing a number of public health, safety and welfare benefits. Specifically the
UGB renewal will:
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EXHIBIT “A”
ORDINANCE NO.______
AN ORDINANCE OF THE CITY COUNCIL THE CITY OF ROHNERT PARK,
CALIFORNIA AMENDING THE CITY OF ROHNERT PARK GENERAL PLAN TO
RENEW AND REVISE THE URBAN GROWTH BOUNDARY
THE PEOPLE OF THE CITY OF ROHNERT PARK DO HEREBY RESOLVE AS FOLLOWS:
Section A. Statement of Purpose and Effect.
1. Purpose. For the last 20 years, the Rohnert Park Urban Growth Boundary (“UGB”)
encouraged a cohesive pattern of urbanization, promoted efficient and orderly growth patterns,
supported stability and certainty in long term planning, ensured that lands outside the UGB are not
prematurely or unnecessarily converted to urban uses and protected what is unique about Rohnert
Park. This ordinance will renew the UGB and extend the purposes of the UGB until December
31, 2044. This ordinance will remove an approximately 80 acre area located in the southeasterly
corner of the City and outside the City’s Sphere of Influence from the UGB.
2. Effect. The renewed UGB will continue to:
• Encourage efficient growth patterns and protect the quality of life in Rohnert Park by
concentrating future development within existing developed areas;
• Foster and project lands to the east and west of the City that are dominated by hills, farms and
fields.
• Concentrate growth within the boundary in order to limit the extent of required City services
and retrain increases in their costs;
• Allow housing needs for all economic segments of the population to be met, especially lower
and moderate income households, by directing the development of housing into areas where
services and infrastructure can be provided more cost effectively and with fewer
environmental impacts.
Section B. General Plan Amendment.
The People of the City of Rohnert Park hereby adopt the following amendment to the text and maps of
the land use element of the General Plan of the City of Rohnert Park. It is the intent of the People of
the City of Rohnert Park that Sections B.1 and B.2 are each part of the amendment to the General Plan
adopted by this measure.
1. Land Use Map Amendments. All figures and maps in the General Plan of the City of
Rohnert Park, adopted July 25, 2000 (as amended) illustrating the UGB are amended to reflect
the revised UGB to exclude Assessor’s Parcel Number 047-111-050, as shown on Exhibit 1.
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2. Land Use Element Text Amendments. The Land Use Element of the City of Rohnert Park
adopted July 25, 2000, as amended, is amended as follows:
a) Amend Policy GM-2 to read as follows:
A Twenty-Four Year (Year 20202044) Urban Growth Boundary is established renewed in
accordance with ballot Measure N [NEW BALLOT MEASURE LETTER] (2000 2020) as
follows:
b) Amend Section 1 of an Ordinance of the City of Rohnert Park Amending the City of
Rohnert Park General Plan by Establishing an Urban Growth Boundary to read as
follows:
Section 1. Purpose and Findings.
1.1 This measure reaffirms and readopts The City of Rohnert Park's commitment
to planned growth through the designation of an urban growth boundary This
measure establishes the City of Rohnert Park's Urban Growth Boundary
("UGB") as depicted on the map attached to this Resolution as Exhibit A as the
area within which the City generally projects that development will occur
within a specified period. Until June 30, 2020 December 31, 2044, the UGB
shall be changed only by a vote of the people, except in certain circumstances
and according to specific procedures set forth in this measure.
1.2 Encouraging a cohesive pattern of urbanization. Adoption of a UGB will
encourage a cohesive pattern of urbanization by (1) promoting efficient and
orderly growth patterns; (2) supporting stability and certainty in long term
planning by advancing the concept of planned growth; and (3) ensuring that
lands outside the UGB are not prematurely or unnecessarily converted to urban
uses.
1.3 Protecting what is unique about Rohnert Park. The City of Rohnert Park is
bordered to the east and to the west by unincorporated lands that are
dominated by hills, farms, and fields. This unincorporated landscape is
enjoyed by the persons who work and live in Rohnert Park and forms a part of
the environment of Rohnert Park even though it is outside the city limits.
Adoption of a UGB will preserve and protect this aspect of Rohnert Park by
requiring urbanization to stop where the unincorporated landscape begins.
1.4 This General Plan Amendment is not intended to prevent the City from
meeting its obligation under state housing or zoning and planning law. The
City's Housing Element, including the sites identified therein for housing, and
the programs and activities adopted to promote and encourage the
development of housing, will allow the City of Rohnert Park to meet its
obligations for the preservation, improvement, and development of housing.
This measure establishing a UGB is consistent with the objectives of the City's
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Housing Element and with the other mandatory elements of the City's General
Plan. It is fully expected that the policies and programs in the City's Housing
Element, including the sites identified therein for housing, will allow the City
of Rohnert Park to meet the requirements of State law to provide housing
opportunities for all economic segments of the community. This measure
allows the City Council to bring land into the UGB without a public vote for
very low and low income housing only, in recognition of the fact that
sometimes it is necessary for a local government to take special steps to
provide opportunities for very low and low income housing.
1.5 The UGB outlines the area within which the City generally projects that
development will occur within the next twenty years. However, the General
Plan of the City of Rohnert Park Growth Management Policies prohibit growth
from commencing, if the necessary public facilities - streets, water,
wastewater, solid waste, and parks - are not in place when the growth is
completed. In addition, the General Plan of the City of Rohnert Park Specific
Plan Policies require that new growth will not be permitted unless and until the
specific plan for the area in which the growth is proposed, has been adopted.
c) Amend Section 2 of an Ordinance of the City of Rohnert Park Amending the City of
Rohnert Park General Plan by Establishing an Urban Growth Boundary to read:
Section 2. Renewing Establishing the Urban Growth Boundary.
The following policies shall apply to the Urban Growth Boundary:
2.1 No urban development shall be permitted beyond the Urban Growth Boundary.
"Urban development" shall mean development requiring one or more basic
municipal services including, but not limited to, water service, sewer, improved
storm drainage facilities, fire hydrants and other physical public facilities and
services; provided, however, that open space uses, parks, agricultural lands,
community fields and golf courses beyond the Urban Growth Boundary that are
provided with municipal or public services, shall not be defined as "urban
development."
2.2 The Urban Growth Boundary shall be in effect until June 30, 2000 December
31, 2044.
2.3 The Urban Growth Boundary may be amended only by a vote of the people or
as provided for in Section 2.4.
2.4 The Urban Growth Boundary may be amended by a majority vote (three
affirmative votes) of the City Council under the following circumstances:
2.4.1 Affordable Housing. To comply with state law regarding the provision of
housing for low and very-low income families, the City Council may amend the
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Urban Growth Boundary in order to include within the UGB, lands to be
developed primarily (51%) for low and very-low income families provided,
however:
(a) An amendment to the UGB pursuant to this Section 2.4.1 may not be made
earlier than January 1, 2015 January 1, 2032;
(b) No more than 10 acres may be brought into the UGB in any calendar year;
(c) If in any year, fewer than 10 acres are brought within the UGB, then the
unused increment, up to a maximum of 5 acres, may be brought within the
UGB in a subsequent year;
(d) Such amendment may be adopted only if the City Council makes each of the
following findings:
(i) That the land is immediately adjacent to comparably developed areas;
(ii) That there is no existing residentially designated land available within
the UGB that can feasibly accommodate the proposed development;
(iii) That it is not reasonably feasible to accommodate the proposed
development by redesignating lands within the UGB for housing;
(iv) That there has been an application submitted to provide housing
primarily for low and very-low income families, and the applicant has
provided substantial evidence that sufficient and adequate capacity is
available in all city services and facilities, all school district facilities,
and any other relevant public agency facilities, to accommodate the
proposed development.
(v) That the application to provide housing primarily for low and very low
income families is consistent with GM-4 in General Plan 2000.
For purposes of this section, the concept of "feasibility" shall include
considerations of market feasibility, environmental feasibility, and other rules
and regulations affecting the development of the property.
2.4.2 To adjust the UGB exclusively for the purpose of protecting agricultural or
open space lands.
2.4.3 To add lands exclusively to protect natural resources.
2.4.4 To add lands exclusively to be maintained as public parks or public open space.
2.4.5 To add lands to provide exclusively for the disposal of treated wastewater
and/or sewage treatment and disposal use.
2.5 This General Plan Amendment is not intended, and shall not be applied or
construed, to authorize the City to exercise its powers in a manner which will
take private property for public use without the payment of just compensation.
This General Plan Amendment will be interpreted, applied and implemented so
as to accomplish its purposes to the maximum permissible extent, by all
constitutional means. If the application of this General Plan Amendment to a
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specific property would take private property for public use without the
payment of just compensation ("taking"), then the City Council may take any
action necessary to avoid a taking.
2.6 This General Plan Amendment is not intended, and shall not apply to any
development project that has obtained as of the effective date of this resolution,
a vested right pursuant to state law.
d) Amend Section 3 of an Ordinance of the City of Rohnert Park Amending the City of
Rohnert Park General Plan by Establishing an Urban Growth Boundary to read:
Section 3. Amending the General Plan to Manage Growth within the Urban Growth
Boundary.
3.1 The UGB establishes the area within which urban development will be
contained through the year 2020 2044. This limitation restricts development to
lands within the UGB. Such restriction is necessary to implement and to be
consistent with the following community goals:
3. 1. 1 Efficient and orderly growth patterns.
3.1.2 A well-designed mix of residential, commercial, business park, and open space
uses, featuring a pedestrian-oriented community focal point with a small town,
village-like character.
3.1.3 Stability and certainty in long term planning through planned growth.
3.1.4 Adequate and efficient delivery of public services and facilities.
3.2 In order to manage development within the UGB in a manner that is consistent
with these community goals, a growth management program shall be adopted
that includes each of the following components:
3.2.1 An annual standard to determine the number of residential development
approvals that are consistent with the goals and policies of the City's General
Plan.
3.2.2 A requirement to implement the growth management program, including the
annual standard in a manner that is consistent with the goals, objectives,
obligations and policies of the City's Land Use and Housing Elements.
3.2.3 An average approximate one percent (1%) annual population growth rate.
3.2.4 An annual review by the City Council to determine the consistency of each of
the components of the growth management program with the goals, plans, and
policies of the General Plan and State housing, planning, and zoning law.
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3.2.5 A requirement to coordinate the development in each of the specific plan areas
with the growth management ordinance.
Housing that is affordable to very low and low income households shall be exempt
from the growth management program.
Section C. Amendment or Repeal.
Except as otherwise provided herein, no part of this General Plan Amendment may be amended or
repealed except by a vote of the voters of the City of Rohnert Park at a regularly scheduled general
election or at a special election called for that purpose.
Section D. Interpretation.
This measure shall be interpreted so as to be consistent with all federal and state laws, rules, and
regulations. This measure shall be broadly construed and interpreted in order to achieve the purposes
stated herein.
Section E. Effective Date.
This ordinance shall take effect March 4, 2020 if a majority of the voters, voting on the ordinance,
vote in favor of its adoption at the general municipal election to be held on March 3, 2020 . Upon the
effective date of this ordinance, the provisions of Sections B.1 and B.2 are hereby inserted into the
General Plan of the City of Rohnert Park as an amendment thereof. At such time as this general plan
amendment is inserted into the City of Rohnert Park General Plan, any provisions of the City of
Rohnert Park Zoning Ordinance or any other ordinances of the City of Rohnert Park inconsistent with
this general plan amendment, shall not be enforced.
Section E. Severability.
If any section, subsection, sentence, clause, phrase or word of this resolution is for any reason held to
be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this resolution. The voters hereby declare that they would have passed and
adopted this resolution, and each and all provisions hereof, irrespective of the fact that one or more of
the provisions, either alone or as applied in connection with other provisions, may be declared invalid.
Section F. Project Approvals.
Upon the effective date of this ordinance, the City, its departments, boards, commissions, officers,
and employees shall not grant, or by inaction allow to be approved by operation of law, any General
Plan amendment, rezoning, specific plan, tentative or final subdivision map, conditional use permit,
building permit, or any other ministerial or discretionary entitlement, which is inconsistent with this
ordinance. Nothing in this ordinance shall prevent the City from redesignating or relabeling the maps
or the policies described herein, so long as the text of the amended policies is not changed and the
geographical scope of the Urban Growth Boundary is not changed. Nothing in this ordinance shall be
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construed to prohibit the City from complying with State laws requiring density bonuses and/or other
incentives for affordable housing development projects, as defined by State law.
Section G. Amended or Repeal.
Except as specifically provided herein, this ordinance may be amended or repealed only by the voters
of the City of Rohnert Park at a City election.
APPROVED BY THE FOLLOWING VOTE OF THE PEOPLE ON MARCH 2, 2020
YES ____
NO ____
Adopted by declaration of the vote by the City Council of the City of Rohnert Park on
___________ effective ________ 2020.
CITY OF ROHNERT PARK
____________________________________
Mayor
ATTEST:
_________________________________
JOANNE BUERGLER, CITY CLERK
Attachment: Exhibit 1
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Exhibit 1 – Proposed Change to Existing UGB