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2010/09/14 City Council Ordinance 823 ORDINANCE NO. 823 AN ORDINANCE OF THE CITY OF ROHNERT PARK, CALIFORNIA ADDING ARTICLE XV TO CHAPTER 17.06 OF THE ROHNERT PARK MUNICIPAL CODE TO ALLOW THE ESTABLISHMENT OF FORM-BASED CODES WITHIN DESIGNATED AREAS WHEREAS, the applicant, Sonoma Mountain Village, LLC and KDRP LLC, filed Planning Application No. PL2006-053PD proposing to amend the Rohnert Park Municipal Code ("RPMC") by establishing new provisions for the use of form-based codes, along with related certification of a Final Environmental Impact Report ("EIR"), for real property located at Valley House Drive and Bodway Parkway (APN'S 46-051-040, 46-051-042, and 46-051-045) in connection with a proposed mixed-use project known as Sonoma Mountain Village (the "Project"), in accordance with the RPMC; WHEREAS, the proposed addition to the RPMC includes Article XV within Chapter 17.06, which would establish provisions for the use of form-based codes within designated areas of the City ("Form-Based Codes for Special Areas"); WHEREAS, on July 22, 2010, the Planning Commission held a duly noticed public hearing and reviewed the proposed ordinance and recommended its approval by the City Council; WHEREAS, by separate action and resolution, the City Council reviewed and certified the Final EIR prepared for the Project in accordance with CEQA; and has otherwise carried out all requirements for the Project pursuant to CEQA; WHEREAS, pursuant to California State Law and the RPMC, public hearing notices were mailed to all property owners within an area exceeding a three hundred foot radius of the subject property and a public hearing notice was published for a minimum of 10 days prior to the first public hearing in the Community Voice; WHEREAS, on August 24, 2010, the City Council held a public hearing at which time interested persons had an opportunity to testify either in support or opposition to the proposal; and WHEREAS, the City Council has reviewed and considered the information contained in Planning Application No. PL2006-053PD for the proposed addition of Article XV to Chapter 17.06 of the RPMC. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Rohnert Park does ordain as follows: SECTION 1. Findings for Enactment of Article XV. Pursuant to Article VII of Chapter 17.25 of the RPMC, the City Council hereby makes the following findings concerning the addition of Article XV, Form-Based Codes for Special Areas, to Chapter 17.06 of the RPMC proposed by Planning Application No. PL2006-053PD: 1. That the proposed zoning and/or amendment is consistent with the general plan. Criteria Satisfied. The proposed addition establishes a new mechanism to implement land use and zoning controls over property in the City through the use of form-based codes. Although the use of form-based codes is new to Rohnert Park, such technique is consistent with the current General Plan and the General Plan as . proposed for amendment by the applicant's concurrently-filed proposals because it ensures compact urban form, promotes sustainable development practices, emphasizes pedestrian-friendly neighborhoods and encourages mixed uses within a walkable area. 2. That the proposed zoning and/or amendment will be beneficial to and not detrimental to the public health, safety, or welfare. Criteria Satisfied. The proposed addition establishes a new mechanism to implement land use and zoning controls over property in the City through the use of form-based codes. Such measures are regulatory tools which would apply to future projects for which form-based codes are approved. As such, the proposed amendment will have no impact on public health, safety and welfare. 3. That with the proposed zoning, adequate and available sites remain to mitigate the loss of residential density on the subject property to accommodate the city's ''fair share" regional -housing needs used by the State Department of Housing and Development in determining compliance with Housing Element Law pursuant to Government Code Section 65863(b). Criteria Satisfied. The proposed amendment establishes a new mechanism to implement land use and zoning controls over property in the City through the use of form-based codes. Such measures are regulatory tools which would apply to future projects for which form-based codes are approved. As such, the proposed amendment will have no impact on residential density or "fair share" regional housing needs. SECTION 2: Article XV of Chapter 17.06, commencing at Section 17.06.800, of the Rohnert Park Municipal Code is added to read as follows: Article XV. FORM-BASED CODES FOR SPECIAL AREAS Section 17.06.800 General Provisions A. Intent and Purpose. The intent of this section is to continue implementation of the guiding objectives set forth in the Rohnert Park General Plan relating to compact urban form, increased connectivity between neighborhoods, designation of mixed-use and pedestrian-oriented centers, development of a variety of housing types within all neighborhoods, and development of a network of trails, parks and land use patterns that maximizes accessibility to parks and commercial centers. (2) B. Definitions. For the purposes of any land use regulations adopted pursuant to this Article, the following definitions apply: Form-based Code - A code that uses physical form (rather than separation of land uses) as the organizing principle. A form-based code is an alternative to conventional zoning. Form- based codes address the relationship between building facades and the public realm, the form and mass of buildings in relation to one another, and the scale and types of streets and blocks. The regulations and standards in form-based codes, presented in both diagrams and words, correspond to a regulating plan that designates the appropriate form and scale (and therefore, character) of development rather than solely distinctions in land-use types. Regulating Plan - A zoning map or plan that delineate the boundaries of individual zones, transect zones, civic zones, special districts, and special requirements, if any, of areas subject to regulation by a form-based code. Development Code - A set of land use regulations adopted in conformance with the General Plan that provide the standards for development. All actions and undertakings necessary for project planning, land acquisition, demolition, or construction of a project must conform with the regulations of the development code before approval. A development code is also known as a zoning code. Transect Zone (or T zone) - One of several areas on a zoning map or regulating plan regulated by the form-based code. Transect zones are administratively similar to the land use zones in conventional codes, except that in addition to building use, density, height, and setback requirements, other elements are integrated, including without limitation private lot, building and public frontage. C. Establishment of Form-Based Codes In order to further the goals and policies of the General Plan, the City Council may adopt and amend form-based codes for Planned Development or Specific Plan areas identified in the General Plan, or for other geographically discrete areas within the Rohnert Park Planning Area (Sphere of Influence) as may be specified by the City Council. Such codes may provide for, among other subjects, the establishment of building design, site design, and other design-related standards that, once adopted, shall apply to proposed development or in any areas of the City subject to the codes. The codes may utilize regulations such as transect-based, form-based coding, with regulating plans or similar mechanisms prescribing appropriate land uses. Regulations may also contain project and site design principles relating to appropriate building types, housing mix, integration of land uses, pedestrian orientation, streetscape, and public spaces in the subject area. D. Adoption or amendment The adoption or amendment of a form-based code, or the boundaries of any zones established by a form-based code or regulating plan, shall be carried out in accordance with the procedures outlined in Chapter 17.25, Article VII (commencing with Section 17.25.070) of this Title. E. Applicability After a form-based code is adopted for a particular Planned Development or Specific Plan area identified in the General Plan, or for any other geographically discrete area of the Rohnert Park Planning Area as may be specified by the City Council, the building design and site design standards and any and all other land use and development requirements, standards, regulations, or other provisions set forth in such code shall apply to all development within the geographic boundaries established by and for the code notwithstanding any other provision of this Article to the contrary. Whenever the requirements, standards, regulations, or other provisions of a form- (3) based code conflict with the requirements, standards, regulations or other provisions set forth in the Municipal Code, the requirements, standards, regulations, or other provisions in the form- based code shall govern. F. Operation and Enforcement of Form-Based Codes Any failure to comply with a requirement, standard, regulation, or any other provision set forth in an adopted form-based code shall constitute a violation of the Municipal Code. All such violations shall be subject to the enforcement provisions of any applicable local or state law, including without limitation Chapter 17.25 Article XIII (commencing with 17.25.130). SECTION 3. Compliance with the California Environmental Quality Act. The City Council has certified a Final Environmental Impact Report for the Sonoma Mountain Village Planned Development, which evaluated the impacts of implementation of this ordinance, including adoption of associated CEQA Findings, Statement of Overriding Considerations, and the Mitigation Monitoring and Reporting Program in Resolution No. 2010-101. SECTION 4. Severability. The City Council hereby declares that every section, paragraph, sentence, clause, and phrase of this ordinance is severable. If any section, paragraph, sentence, clause or phrase of this ordinance is for any reason found to be invalid or unconstitutional, such invalidity, or unconstitutionality shall not affect the validity or constitutionality of the remaining sections, paragraphs, sentences, clauses, or phrases. SECTION 5. Effective Date. This ordinance shall be in full force and effective 30 days after its adoption, and shall be' published and posted as required by law. This ordinance was introduced by the Council ofthe City of Rohnert Park on August 24,2010, and was adopted on September 14 , 2010 by the following roll call vote: AYES: Three (3) Councilmembers Belforte, Mackenzie, and Mayor Stafford NOES: One (1) Councilmember Breeze ABSENT: One (1) Councilmember Callinan ABSTAIN: None (0) CITY OF ROHNERT PARK ~~~ Mayor (4) ATTEST: ~ fij7/ ?/ry(. Ci C erk APPROVED AS TO FORM: ~ rdtt:L A-;(,2T lty Attorney (5)