4.01.001_Mitigation of Community Separator EncroachmentCITY OF ROHNERT PARK ♦ 6750 Commerce Blvd. ♦ Rohnert
Phone: 588-2226 ♦ FAX: 588-2263 ♦ WebSite: www.rl
OFFICE OF THE CITY MANAGER/CITY CLE
Joseph D. Netter
Policy #: 4.01.001
Type: City Council
Effective Date: 2001
Former Policy #: 435.12
City Clerk Use Unly
Council Action: Approved, as amended 11/27/01 AGENDA ITEM #12
Vote: 4-0-1 (LS absent) Resolution No. 2001-252
12/03/01 ATTN• Betsy Strauss, City Attorney
RE: Resolution Establishing Policy Regarding Mitigation of
Community Separator Encroachment
The City Council approved the above item at its meeting of November 27, 2001 by the
adoption of Resolution No. 2001-252, as amended, to include revised language under
Section Four on the I't page, beginning of 2nd sentence, to replace the word
"submittal' with "written description". The resolution with original signatures is
attached confirming authorization for you to proceed with the appropriate follow-up
& handling process. This electronic resolution was e-mailed to Ken Blackman
[kblackman@callatg.com] on 12/3/01, as previously requested, and by, copy of this
notice, hard copy of same is being mailed to Mr. Blackman at Blackman Consulting,
1224 St. Helena Avenue, Santa Rosa, CA 95404.
Thank you.
For Joseph D. Netter, City Manager
By Judy Huty City Clerk
cc: Ken Blackman of Blackman Consulting
Nancy Kaufman, Planning & Community Development Director
FILE — General Plan/Proposed Sphere of Influence & Specific Plan Agreement
with County of Sonoma (Original Sonoma County Agreements)
FILE — City Policy Binder 435.12
FILE — Council Agenda Chron File
JH/eb-h:112701 Council Agenda Action
CITY OF ROHNERT PARK
OFFICE OF THE CITY ATTORNEY
6750 Commerce Blvd.
Rohnert Park, California 94928
MEMORANDUM
X
November 20, 2001 . 0 0�
TO: Honorable Mayor and City Council Members
FROM: Betsy Strauss ("'P
RE: Community Separator Mitigation: Open Space Resolution
On November 13, 2001, the City Council considered the above -referenced resolution in
draft form. A proposed final form of the resolution is presented for City Council
consideration on November 27, 2001. Several changes have been made to the draft
pursuant to the direction of the City Council:
1. The developer/property owner proposing property for mitigation is required to discuss
with, and receive the approval of, the third party open space entity prior to approaching
the City with the proposal.
2. The Planning and Community Development Director will verify that the property is in
conformance with the General Plan, the Sphere of Influence Agreement with Sonoma
County and the resolution.
3. The Planning and Community Development Director will make a recommendation to
the City Council within 14 days of receiving the proposal from the developer/property
owner. The City Council will make the final decision on the property.
4. The in -lieu fee will be the subject of a separate resolution that explains that the
uniformly applicable fee amount shall be based. upon appraised value of land (or value
of the conservation easement), 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.
Thank you for your attention. Please let me know if you have questions.
c: Nancy Kaufman
Andrea Mackenzie
(707) 588-2214 1 bstrauss@rpcity.org
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 ADOPTEEI+V the Council of the City of Rohnert Park this
27U' day Of November, 2001.RONNERT PMK
ATTEST: CITY OF ROHNERT PARK
Duty ty Clerk ayor
FLORES: AYE REILLY: AYE SPIRO: ABSENT VIDAK-MARTINEZ: AYE MACKENZi AYE
AYES: (4) NOES: (0) ABSENT: (1) ABSTAIN: (0)