2019/11/26 City Council Ordinance 940ORDINANCE NO.94O
AN ORDINANCE OF 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 ORDAIN 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 effrcient 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 3L,2040. This ordinance will remove approximately
80 acres of land located in the southeasterly corner of the UGB and outside the City's
Sphere of Influence from the UGB.
2. Effect. The renewed UGB will continue to:
o Encourage efficient growth patterns and protect the quality of life in Rohnert Park' by concentrating future development within existing developed areas;
o Foster and protect lands to the east and west of the City that are dominated by hills,
farms and fields.
o Concentrate growth within the boundary in order to limit the extent of required City
services and restrain increases in their costs;
o 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.l and 82 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 as shown
on Attachment 1. The revised UGB excludes Assessor's Parcel Number 047-Il1-050.
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-Year (Year 2040) Urban Growth Boundary is extended in accordance with ballot
Measure INEW BALLOT MEASURE LETTER] (2019) 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 l. 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 Ordinance (Attachment 1) as
the area within which the City generally projects that development will occur
within a specified period. Until December 31,2040, 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.
L2 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.
I.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
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
Ordinance No. 940
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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. Extending 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 uses,
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 December 31, 2040.
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
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.I may not be made
earlier than January I,2035;
(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:
Ordinance No. 940
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(Ð 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 ofjust 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
specific property would take private property for public use without the
payment ofjust 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 2040. This limitation restricts development to lands
Ordinance No. 940
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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.I.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 A population growth rate in accordance with the City's then existing growth
management program.
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.
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 upon certification 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 November 5,2019. Upon
the effective date of this ordinance, the provisions of Section B are hereby inserted into the General
Ordinance No. 940
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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 cormection 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
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. Exemptions for Certain Projects.
This ordinance shall not apply to any development project that has obtained a vested right pursuant to
state law as of the effective date of this ordinance.
Section H. 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 aCity election.
Section I. Publication.
The Clerk of the City of Rohnert Park is hereby directed to cause the following summary of the
ordinance to be published by a newspaper of general circulation, published and circulated in the City of
Rohnert Park:
Contingent upon majority voter approval, this ordinance will renew the City's existing urban
growth boundary until December 31, 2040, and remove an 8O-acre parcel known as Assessor's Parcel
Number 047-111-050 consistent with the City's sphere of influence.
THIS ORDINANCE WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF
ROHNERT PARK ON JULY 23,20190 BY THE FOLLO\ilING VOTE:
AYES: Councilmember Adams, Councilmember Stafford, Vice Mayor Callinan and Mayor Belforte.
NOES: None
ABSTAIN: None
ABSENT: Councilmember Mackenzie
Ordinance No. 940
6
THIS ORDINANCE WAS APPROVED BY THE FOLLO\ryING VOTE OF THE
PEOPLE ON NOVEMBER 5,20L9
YES 5,733
NO sgs
ADOPTED BY DECLARATION OF THE VOTE BY THE CITY COUNCIL OF THE CITY
oF ROHNERT PARK ON NOVEMBER 26, 2019, EFFECTIVE NOVEMBER 26,2019.
AYES: Councilmember Adams, Councilmember Mackenzie, Councilmember Stafford and Vice
Mayor Callinan
NOES: None
ABSTAIN: None
ABSENT: Mayor Belforte
GINA MAYOR
ATTEST:
BUERGLER, CITY
MICHELLE MARCHETTA KENYON, CITY ATTORNEY
Ordinance No. 940
7
Attachment 1
Proposed Rohnert Park Urban Growth Boundary
Ordinance No. 940
8
AFFIDAVIT OF POSTING
Pursuant to California Government Code§36933 and§40806
Pursuant to Rohnert Park Municipal Code 1.08.010
STATE OF CALIFORNIA )
) ss
County of Sonoma )
I, JoAnne M. Buergler, City Clerk for the City of Rohnert Park, declare this is a true and
correct copy of Ordinance No. 940
Summary of Ordinance No. 940 of the City Council of the City of Rohnert Park,
California, Amending the City of Rohnert Park General Plan to Renew and Revise the
Urban Growth Boundary was published on 12/06/2019, as required by law, and posted in
five (5) public places in said City, to:
www.rpcity.orq for website posting
City Hall
130 Avram Avenue
Public Safety Main Station
500 City Center Drive
Rohnert Park Community Center
5401 Snyder Lane
Rohnert Park - Cotati Regional Library
6250 Lynne Conde Way
A certified copy of the full text Ordinance was posted at the City Clerk's office, 130 Avram
Avenue, Rohnert Park, California 94928 on 12/06/2019.
Summary of Ordinance No. 940 was published in the Community Voice on 12/06/2019 as
required by law.
J Anne Buergler, City lerkJ1 VA...,
Subscribed and sworn to before me this December 16, 2019
Sylvia Lopez Cuevas, Assistant City Clerk
ROHNERT PARK
CERTIFICATION OF PUBLICATION IN DEC 12 2019
"The Community VOICE"
(Published every Friday) CITY CLERK
in the
SUPERIOR COURT
of the
STATE OF CALIFORNIA
In and For the County of Sonoma
COUNTY OF SONOMA
City of Rohnert Park
Summary of Ordinance#940
STATE OF CALIFORNIA, The undersigned does hereby certify and declare: That at all times hereinafter sworn,deposes and says:
That at all times hereinafter mentioned she was a citizen of the United States,over the age of eighteen years and a resident of said
county and was at all said times the principal clerk of the printer and publisher of The Community VOICE,a newspaper of general
circulation,published in the City of Rohnert Park,in said County of Sonoma,State of California;that The Community VOICE is and
was at all times herein mentioned,a newspaper of general circulation as that term is defined by Section 6000 of the Government Code;
its status as such newspaper of general circulation having been established by Court Decree No.35815 of the Superior Court of the
State of California,in and for the County of Sonoma,Department No. 1 thereof;and as provided by said Section 6000,is published for
the dissemination of local and telegraphic news and intelligence of a general character,having a bona fide subscription list of paying
subscribers,and is not devoted to the interest,or published for the entertainment or instruction of a particular class,profession,trade,
calling,race or denomination,or for the entertainment and instruction of such classes,professions,trades,callings,races or
denominations;that at all said times said newspaper has been established and published in the said City of Rohnert Park,in said County
and State at regular intervals for more than one year preceding the first publication of this notice herein mentioned;that said notice was
set in type not smaller than non-pareil and was preceded with words printed in black face type no smaller than non-pareil,describing
and expressing in general terms,the purport and character of the notice intended to be given;that the"City of Rohnert Park,Summary
of Ordinance#940"of which the annexed is a printed copy,was published in said newspaper at least_1 consecutive time(s),
commencing on the 6 day December 2019 and ending on the 6 day December 2019.
I HEREBY CERTIFY AND DECLARE UNDER THE PENALTY OF perjury that the foregoing is true and correct.
EXECUTED this 6 day December 2019,at Rohnert Park,California.
Signed
Claudia Smith Chief Clerk SUMMARY OF ORDINANCE NO.940 OF
THE CITY OF ROHNERT PARK,CALIFORNIA
AMENDING THE CITY OF ROHNERT PARK GENERAL PLAN TO
RENEW AND REVISE THE URBAN GROWTH BOUNDARY
By a majority voter approval Measure B,Rohnert Park Ordinance ' 0,re-;
newed the City's existing urban growth boundary until December 2040,
and removed an 80-acre parcel known as Assessor's Parcel Number 047-111-
050 consistent with the City's sphere of influence.
A certified copy of the full text of Ordinance is posted and available for re-'i
view in the City Clerk's Office at 130 Avram Avenue,Rohnert Park,California.
This Ordinance shall be in full force and effective 30 days after adoption,and
shall be published and posted as required by law.This Ordinance was placed
on the ballot by the Rohnert Park City Council on July 23,2019,and adopted
by the People of Rohnert Park at the election held on November 5,2019 by
the following vote:
1YES 5,733
NO 595
Dated,December 4,2019JoAnne Buergler,
Pub: December 6,2019 4 City Clerk
The Community Voice ""° City of Rohnert Park