David Mohlenbrok, Director of Community Development

Lynn Toth, Associate Civil Engineer

Adopt a Resolution of the City Council of the City of Rocklin Approving the Abandonment of an Open Space and Conservation Easement Over Whitney Ranch Unit 69, Lot 37 (APN: 017-181-004-000), and Authorizing the Execution and Recordation of Said Abandonment on Behalf of the City (Sunset Ranchos Investors, LLC)

Lot 37 is owned by Sunset Ranchos Investors, LLC and is intended for development as a part of the Unit 69 subdivision approved in 2008.  Before that subdivision can begin construction, an open space and conservation easement encumbering a portion of the development area, Lot 37, must be removed.

Lot 37 was created with the recording of the Whitney Ranch Phase I, Large Lot tentative subdivision map in 2004.  An open space and conservation easement was recorded over Lot 37 to satisfy a condition of approval and comply with the project’s 404 Permit from the United States Army Corps of Engineers.

Subsequent changes to the Whitney Ranch project and the development’s 404 Permit were approved in 2008 as a part of the Whitney Ranch Phase II entitlements.  The modifications included City Council approval of a General Plan Amendment to redesignate Lot 37 from Recreation / Conservation to Low Density Residential and incorporate the 1.4-acre area into the developable portion of Unit 69.  A tentative subdivision map to develop the reconfigured Unit 69 with single-family homes was also approved.  

According to ECORP Consulting, Inc. (project biologists at the time), the area formerly identified as Lot 37 consisted of a grassy type swale that contained no wetlands or waters of the United States, no special status species or habitat for special status species, no cultural resources and no oak trees. The staff report prepared for the Whitney Ranch Phase II project in addressing the project’s General Plan Consistency noted that page 4B-2 of the City General Plan states the following: “Areas designated on the General Plan Land Use map as open space, conservation or recreation shall be considered conceptual in dimension. The actual limits of these areas should be further defined as actual surveyed development projects are proposed.  These projects should be required to show the actual boundaries of conservation areas such as slopes, flood-plains, riparian areas, wetlands, treed areas, significant habitat areas and other significant topographic features as well as the buffer areas necessary to protect them.  Open space boundaries may be increased, decreased and sometimes eliminated depending upon the refined data that is provided with specific development applications.” It was also noted that as part of Whitney Ranch Phase II, an additional 57.3 acres of open space was added to the Whitney Ranch project that was found to more than off-set the conversion of the 1.4 acre Lot 37 to developable area.

Taylor Builders, the Whitney Ranch developer, is now ready to begin construction of the Unit 69 subdivision and is therefore seeking to have the City abandon the open space and conservation easement to allow that development to move forward.

General Plan Consistency

In 2008, the City Council determined that it would be appropriate to allow Lot 37 to be developed with single family residential homes and changed the General Plan designation to Low Density Residential (LDR), the zoning to Planned Development Residential 3.8 dwelling units per acre (PD-3.8C), and approved a tentative subdivision for a single-family residential subdivision that included the parcel.   Given the history of the site, abandonment of the existing open space and conservation easement was determined to be consistent with the goals and policies of the City of Rocklin General Plan by the adoption of a Resolution of the Planning Commission of the City of Rocklin Making Findings and Furnishing a Report under Government Code Section 51093 (General Plan Consistency Finding Whitney Ranch Unit 37) on April 20, 2021 (Resolution No. PC-2021-12).

Abandonment Process, pursuant to Government Code Sections 51093 and 51094:

1. The county assessor shall determine the full cash value of the land as though it were free of the open-space easement. The assessor shall multiply such value by 25 percent, and shall certify the product to the governing body as the abandonment valuation of the land for the purpose of determining the abandonment fee. The Placer County Assessor has determined the full cash value of the land as though it were free of the open space easement (determined to be $375,000 as of 11/23/2020 in a letter dated June 1, 2021) and multiplied such value by 25 percent, and has certified the product to the City Council as the abandonment valuation of the land for the purpose of determining the abandonment fee equal to $93,750.
   
   
2. The governing body must hold at least one public hearing in which it has given 30 days notice by publication and by posting the notice on the land. Such notice and posting requirements have been met for today's hearing.
   
   
3. Prior to giving approval to the abandonment of any open-space easement, the governing body shall determine and certify to the county auditor the amount of the abandonment fee which the landowner must pay to the county treasurer upon abandonment. The fee is an amount equal to 50 percent of the abandonment valuation of the property. Here, the abandonment fee is $46,875.
   
   
4. The governing body may approve the abandonment of an open-space easement only if by resolution it finds:    

   1. No public purpose described in Government Code Section 51084 will be served by keeping the land as open space;

   2. The abandonment is not inconsistent with the purposes of the Open-Space Easement Act of 1974;

   3. Abandonment is consistent with the City’s General Plan; and

   4. Abandonment is necessary to avoid a substantial financial hardship to the landowner due to involuntary factors unique to the landowner.

The abandonment is not effective until the abandonment fee has been paid in full. Once the abandonment fee is paid in full, the resolution abandoning the open-space may be recorded.  Upon the recording in the Placer County Recorder’s Office of a certified copy of the resolution abandoning the open-space easement and reciting compliance with the provisions of Government Code Section 51093, the land subject to the easement shall be deemed relieved of the easement and the covenants of the owner contained therein shall be deemed terminated.

The Environmental Coordinator has reviewed the proposed General Plan Consistency Finding and determined that the conversion of Lot 37 to a developable area and the associated abandonment of the open space and conservation easement were addressed in the Addendum to the Final Environmental Impact Report for the Northwest Rocklin Annexation (Sunset Ranchos) Area that was certified by the Rocklin City Council by Resolution 2008-252 on September 23, 2008, and no further environmental review is required.