2011/02/22 City Council Ordinance 835
AFFIDAVIT OF POSTING
STATE OF CALIFORNIA)
) ss
County of Sonoma )
Terri Griffin, under penalty of perjury, deposes and says:
That she is, and during all times herein mentioned was, the duly acting and qualified Deputv
City Clerk of the City of Rohnert Park, Sonoma County, California; and that on the 24th day
of Februarv. 2011, she posted as required by law full, true, and correct copies of
ORDINANCE NO. 835, "REPEALING CHAPTER 17.18, "PUBLIC ART," OF TITLE 17,
"ZONING," OF THE ROHNERT PARK MUNICIPAL CODE" in the following places:
City Hall
130 Avram Avenue
Public Safety Department
500 City Center Drive
Rohnert Park Community Center
5401 Snyder Lane
Library
6250 Lynne Conde Way
www.rpcitv.or2 for website posting
Subscribed and sworn to before me
this 25th day of February, 2011.
M:\Ordinances\Ordinances 2011\Affidavits ofPosting\Affidavit of Posting 835,doc
ORDINANCE NO. 835
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
REPEALING CHAPTER 17.18, "PUBLIC ART," OF TITLE 17, "ZONING," OF THE
ROHNERT PARK MUNICIPAL CODE
WHEREAS, on April 10, 2007, the City Council adopted Ordinance No. 785, which
added Chapter 17.18, Public Art, to the Rohnert Park Municipal Code;
WHEREAS, on March 27, 2007, the City Council adopted Resolution No. 2007-51
approving and adopting Public Art Ordinance Guidelines;
WHEREAS, Chapter 17.18 requires new development with a construction cost over
. $500,000 to contribute 1 % ofthe project's construction cost toward public art by either paying
an in-lieu fee or by funding an on-site public art installation;
WHEREAS, in 2010 the City Council requested a review of all development fees; and
WHEREAS, on January 11,2011, the City Council reviewed the Public Art fee and
concurred with staffs recommendation that given current economic conditions the Public Art
ordinance and its accompanying resolution should be repealed.
NOW, THEREFORE; the City Council of the City of Rohnert Park does ordain as
follows:
SECTION 1. Chapter 17.18, "Public Art," of Title 17, "Zoning," of the RohnertPark
Municipal Code is hereby repealed.
SECTION 2. Compliance with California Environmental Quality Act. The City Council finds
that this Ordinance is not subject to the California Environmental Quality Act ("CEQA")
pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable
indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as
defined in Section 15378) of the CEQA Guidelines because it has no potential for resulting in
physical change to the environment, directly or indirectly.
SECTION 3. Severability. If any section, subsection, sentence, clause or phrase of this
Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby declares that it should have
adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof,
irrespective of the fact that anyone or more sections subsections, sentences, clauses or phrases
be declared unconstitutional.
SECTION 4. Effective Date. This Ordinance shall be in full force and effective thirty (30) days
after its adoption and shall be published aIld posted as required by law.
This ordinance was introduced on February 8, 2011, and DULY AND REGULARLY
ADOPTED by the City Council ofthe City of Rohnert Park on February 22 ,2011,
by the following vote:
AYES:
Four (4) Council Members Ahanotu, Callinan, Stafford and Mayor Belforte
NOES:
One (1) Council Member Mackenzie
ABSENT: None (0)
ABSTAIN: None (0)
CITY OF ROHNERT PARK
ATTEST: