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2014/12/09 City Council Ordinance 881ORDINANCE NO. 881 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK, CALIFORNIA APPROVING PREZONING AND AMENDING THE ZONING MAP FOR THE NORTHWEST SPECIFIC PLAN AREA LOCATED SOUTH OF MILLBRAE AVENUE, WEST OF DOWDELL AVENUE, NORTH OF BUSINESS PARK DRIVE, AND EAST OF LANGNER AVENUE IN SONOMA COUNTY, CA WHEREAS, the applicant, City of Rohnert Park, has submitted an application for the prezoning of approximately 100 acres in connection with the proposed Northwest Specific Plan ( "Project "); and WHEREAS, the City may, pursuant to Government code section 658.59, prezone unincorporated territory to determine the zoning that will apply to that territory upon annexation to the City; and WHEREAS, on September 11, 2014, the Planning Commission held a public hearing at which time the Planning Commission reviewed the project proposal and recommended approval by the City Council; and WHEREAS, the City Council reviewed and certified the Final EIR for the Project in accordance with CEQA; and has otherwise carried out all requirements for the Project pursuant to CEQA; and 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 was published for a minimum of 10 days prior to the first public hearing in the Community Voice; and WHEREAS, on November 25, 2014, 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. PLRZ2014 -0003 for the proposed prezoning of the Northwest Specific Plan property; and NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Rohnert Park does ordain as follows: SECTION 1. The above recitations are true and correct and material to this Ordinance. SECTION 2. Findings for Adoption of Prezoning and Amendment of the Zoning Map 881 The City Council hereby makes the following findings concerning the prezoning of property and amendment to City zoning map proposed by Planning Application No. PLRZ2014- 0003 pursuant to Rohnert Park Municipal Code section 17.25.073: 1. That the proposed prezoning is consistent with the general plan. Criteria Satisfied. The City General Plan designation for the Project site is currently Commercial -R, High Density Residential, Commercial- R/High Density Residential, Industrial, and Parks /Recreation. The Northwest Specific Plan includes Commercial -R, Mixed -Use, Industrial, and Parks /Recreation. The Project area is identified as a specific plan area in the General Plan. The Rohnert Park Municipal Code Subsection 17.06.300 states that a Specific Plan (SP) District shall apply to an area designated as appropriate for a specific plan in the General Plan; therefore the proposed prezoning is consistent with the General Plan. 2. That the proposed zoning and /or amendment will be beneficial to and not detrimental to the public health, safety, or welfare. Criteria Satisfied. As discussed in the staff report, prezoning the Project site to Specific Plan (SP) is consistent with the General Plan's vision for the Project site. The proposed prezoning district will be beneficial to public health, safety, and welfare by allowing a variety of residential, commercial, public, and recreational uses to be established on the Project site. The proposed land uses in the planned SP Zoning District are compatible with existing and proposed development on surrounding properties and as proposed incorporates numerous elements and mitigation measures which will advance public health, safety, and welfare. 3. That with the proposed prezoning 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 prezone on the site will allow the future annexation and development of the site with residential uses within the Mixed - Use areas that would enhance the availability of housing in the City and assist in meeting the City's "fair share" regional housing needs requirements as the proposed land uses include up to 398 residential units. Future development will be subject to the City's inclusionary housing ordinance. Further, approximately 1,168 affordable units are approved or proposed within the City's Urban Growth Boundary which are adequate to accommodate the City's applicable affordable housing requirements. SECTION 2. Adoption of Prezoning and Amendment of the Zoning Map 881 Based on the findings set forth in the preceding section, the City Council ordains that the official prezone adopted for the Northwest Specific Plan area containing approximately 100 acres in the area located south of Millbrae Avenue, west of Dowdell Avenue, north of Business Park Drive, and east of Langner Avenue, shall be Specific Plan District (SP) and further amends the Zoning Map as depicted on attached Exhibit A attached hereto and by reference incorporated herein. SECTION 3. Compliance with the California Environmental Quality Act. The City Council has certified a Final Environmental Impact Report for the Northwest Specific Plan Project, 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. 2014 -155. SECTION 4. 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 of the City of Rohnert Park on November 25, 2014, and was adopted on December 9, 2014 by the following roll call vote: AYES: Five (5) Co ncilmembers Belforte, Mackenzie, Stafford, Ahanotu NOES an Mayor Callinan None (0) ABSENT:None (0 ) ABSTAIN:None (0) CITY OF ROHNER , PARKotra - =N" � t 19 Joseph Callinan, Mayor 3. ATTEST: k L � � �9 nne M. Buergler City Clerk 881 EXHIBIT A PROPOSED ZONING MAP REVISION 881 Exhibit A - Ordinance 881 CERTIFICATION OF PUBLICATION IN "The Community VOICE" (Published every Friday) 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 #881 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 #881 " of which the annexed is a printed copy, was published in said newspaper at least 1 consecutive time(s), commencing on the 28 day of November 2014, and ending on the 28 day of November 2014. I HEREBY CERTIFY AND DECLARE UNDER THE PENALTY OF perjury that the foregoing is true and correct. EXECUTED, his 28 day November 2014 at Rohnert Park, California 'Y rV Signed ?�- ''G %�-°` Claudia Smith Chief Clerk SUMMARY OF ORDINANCE NO. 881 OF THE CITY OF ROHNERT PARK, CALIFORNIA, APPROVING PREZONING AND AMENDING THE ZONING MAP FOR THE NORTHWEST SPECIFIC PLAN AREA LOCATED SOUTH OF MILLBRAE AVENUE, WEST OF DOWDELL AVENUE, NORTH OF BUSINESS PARK DRIVE, AND EAST OF LANGNER AVENUE IN SONOMA COUNTY, CA Pursuant to Government Code Section 36933(c), the following constitutes a sum- mary of Ordinance No. 881 introduced by the Rohnert Park City Council on November 25, 2014 and scheduled for consideration of adoption on December 9, 2014 at its meeting to be held in the City Council Chambers, 130 Avram Avenue, Rohnert Park, California. The purpose of Ordinance No. 881 is to approve prezoning of the project site and amending the zoning map for the Northwest Specific Plan Area located south of Mill- brae Avenue, west of Dowdell Avenue, north of Business Park Drive, and east of Langner Avenue in Sonoma County, CA. A certified copy of the full text of the Ordinance is posted and available for review in the City Clerk's Office at 130 Avram Avenue, Rohnert Park, California. This ordinance shall be in full force and effective thirty (30) days after its adoption, and published and posted as required by law. This ordinance was introduced by the City Council of the City of Rohnert Park on November 25, 2014 and is scheduled for consideration of adoption on December 9, 2014. DATED: November 21, 2014 JoAnne M. Buergler, City Clerk PUBLISH: November 28, 2014 City of Rohnert Park The Community Voice CERTIFICATION OF PUBLICATION IN "The Community VOICE" (Published every Friday) in the SUPERIOR COURT of the STATE OF CALIFORNIA In and For the County of Sonoma COUNTY OF SONOMA Ordinance No. 881 City of Rohnert Park 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 Communitv 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. I 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 "Ordinance No, 881 City of Rohnert Park" of which the annexed is a printed copy, was published in said newspaper at least _I_ consecutive time(s), commencing on the 19 day of December 2014, and ending on the 19 day of December 2014. I HEREBY CERTIFY AND DECLARE UNDER THE PENALTY OF perjury that the foregoing is true and correct. EXECUTED this 19 day of December 2014 at Rohnert Park, California Signed �� Claudia Smith Chief Clerk SUMMARY OF ORDIMMNGE flu. 881 OF THE C _ -.._ .. inn—mown TUC DAP7ANING OFT AMtnumv AREA LOCATED SOUTH OF MILLBRAE AVENUE, WEST OF DOWDELL AVENUE, NORTH OF BUSINESS PARK DRIVE, AND cacT nG t_ANGNERAVENUE IN SONOMACOUNTY, CA 2hambers,130 Avram Avenue, Rohnert Park, California. The purpose of Ordinance No. 881 is to approve prezoning of the project site and amending the zoning map for the Northwest Specific Plan Area located south of Mill* orae Avenue, west of Dowdell Avenue, north of Business Park Drive, and east of Langner Avenue in Sonoma County CA. A certified copy of the full text of the Ordinance is posted and available for review in the City Clerk's Office at 130 Avram Avenue, Rohnert Park, California. This ordinance shall be in full force and effective thirty (30) days after its adoption, and published and posted as required by law. This ordinance was introduced by the Council of the City of Rohnert Park on the 25th day of November, 2014, and was adopted on December 9, 2014 by the following vote: AYES: Five (5) Counciimembers Belforte,Mackenzie, Stafford, Ahanotu and Mayor Caliinan NOES: None (0) ABSENT: None (0) ABSTAIN:None (0) CITY OF ROHNERT PARK ATTEST: Is/ Joseph T. Callinan Isl JoAnne Buergier Mayor City Clerk APPROVED AS TO FORM: Isl Michelle Marchetta Kenyon City Attorney Dated: December 15, 2014 Published: December 19,2014 The Community Voice