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2016/06/14 City Council Ordinance 899ORDINANCE NO. 899 AN ORDINANCE OF THE CITY OF ROHNERT PARK, CALIFORNIA, AMENDING THE CITY OF ROHNERT PARK ZONING MAP TO REZONE 435 SOUTHWEST BOULEVARD (APN: 143-370-010) FROM P-1: PUBLIC INSTITUTIONAL TO R -H: HIGH DENSITY RESIDENTIAL WHEREAS, the applicant, City of Rohnert Park, filed Planning Application No. PLRZ2016-0002 proposing to amend the Zoning Map to rezone 435 Southwest Boulevard (APN: 143-370-010) from P -I: Public Institutional to R -H: High Density Residential as depicted in Exhibit 1; and WHEREAS, the proposed map is consistent with the General Plan designation and the surrounding zoning in the vicinity; and WHEREAS, the proposed zoning map changes are attached hereto as Exhibit A and are incorporated herein by this reference; and WHEREAS, the City Council reviewed and certified the Negative Declaration ("ND") prepared for the Plan; and has otherwise carried out all requirements pursuant to the California Environmental Quality Act; and WHEREAS, pursuant to California State Law and the Rohnert Park Municipal Code, public hearing notices were mailed to all property owners within a three hundred foot radius of the subject property and a public hearing notice was published in the Community Voice for a minimum of 10 days prior to the first public hearing; and WHEREAS, on April 28, 2016, the Planning Commission held a public hearing at which time interested persons had an opportunity to testify either in support or opposition to the proposal; and WHEREAS, on May 24, 2016 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 the Zoning Map application for the proposal. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rohnert Park makes the following findings, determinations and recommendations with respect to the proposed map and zoning ordinance amendments; Section 1. The above recitations are true and correct. Ord. 899 Section 2. The City Council approved the Negative Declaration for this Plan on May 24, 2016 concurrently with the City Council first reading of this Ordinance. Section 3. Findings for Enactment of Amendments to Zoning M ?. The City Council hereby makes the following findings concerning amendments to the Zoning: 1. That the proposed amendments to the Zoning Map are consistent with the General Plan 2020. Criteria Satisfied. The proposed zoning map amendment is consistent with General Plan 2020 as amended on May 24, 2016. This resolution amended the General Plan designation of this parcel from Public/Institutional to High Density Residential. The proposed Residential — High (R -H) designation is compatible with this General Plan designation. This zoning map amendment will allow High Density Residential development in an area that is developed with similar uses. There are also adequate City services to serve future residential development on the property. 2. That the proposed amendment to the Zoning Map will be beneficial to the public health, safety or welfare. Criteria Satisfied. The proposed Zoning Map amendment will allow for apartment development in an area surrounded with multi -family residential housing and is adjacent to a park and school that will benefit residents in any new apartment development. Other uses are also permitted within the R -H zoning designation that are compatible with a residential neighborhood including a school, day care and other similar uses. The current designation of Public Institution is less beneficial to the public health safety and welfare. A public facility is no longer needed in this location; and as currently zoned, it is likely to remain vacant which could lead to visual blight and other negative impacts typically associated with vacant property. The R -H zoning classification is beneficial to the public health, safety and welfare since it allows the property to be more readily sold for reuse as an apartment building or other use permitted in R -H zone. This zoning designation is intended to allow for a range of uses that are compatible with the high density residential character of this neighborhood. 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. Section 6. Publication. The City Clerk is directed to cause this ordinance to be published in the manner required by law. Ord. 899 This Ordinance was introduced by the Council of the City of Rohnert Park on May 24, 2016, and DULY AND REGULARLY ADOPTED on June 14, 2016, by the following Roll Call Vote: AYES: Five (5) Councilmembers Ahanotu, Callinan, Stafford, Mackenzie and Mayor Belforte NOES: None (0 ) ABSENT: None (0) ABSTAIN: None (0 ) CITY OF ROHNERT PARK 4al?fotMayor ATTEST: CIO t� Caitlin Saldanha, Deputy City Clerk APPROVED AS TO FORM: vl ich*1le Marchetta Kenyon, City Attorney I, CAITLIN SALDANHA, DEPUTY CITY CLERK of the City of Rohnert Park, California, do hereby certify that the foregoing Ordinance was duly adopted and passed at a regular meeting of the City Council on the 14th day of June, 2016 by the following vote: AYES: Five (5) Councilmembers Ahanotu, Callinan, Stafford, Mackenzie and Mayor Belforte NOES: None (0 ) ABSENT: None (0 ) ABSTAIN: None (0) Caitlin Saldanha, Deputy City Clerk 3 Ord. 899 EXHIBIT I Rezoning of Former Fire Station Site JOHN REED ELEMENTARY SCHOOL ALICIA PARK Zoning R -E: Estate Residential R -R: Rural Residential R -L: Low Density Residential R -M: Medium Density Residential R -H: High Density Residential R-M/M-H: Medium Density Residential/Mobile Home Overlay %/%C -N: Neighborhood Commercial C-R: Regional Commercial C -O: Office Commercial I -L: Industrial I-L/O: Industrial/Office Overlay M -U: Mixed Use P -I- Public Institutional 4 Ord. 899 0 250 500 7,000 Feet LNJ Jp OJ 5 435 Southwest Blvd MOUNTAIN SHADOWS MIDDLE SCHOOL BENICIA Dy PARK WALDO-ROH N E RT 76 ELEMENTARY a SCHOOL Zoning R -E: Estate Residential R -R: Rural Residential R -L: Low Density Residential R -M: Medium Density Residential R -H: High Density Residential R-M/M-H: Medium Density Residential/Mobile Home Overlay %/%C -N: Neighborhood Commercial C-R: Regional Commercial C -O: Office Commercial I -L: Industrial I-L/O: Industrial/Office Overlay M -U: Mixed Use P -I- Public Institutional 4 Ord. 899 0 250 500 7,000 Feet LNJ AFFIDAVIT OF POSTING Pursuant to California Government Code§36933 and§40806 STATE OF CALIFORNIA ) ss County of Sonoma ) I, Caitlin Saldanha, Deputy City Clerk for the City of Rohnert Park, declare this is a true and correct copy of Ordinance No. 899. SUMMARY OF ORDINANCE NO.899 OF THE CITY OF ROHNERT PARK, CALIFORNIA, AMENDING THE CITY OF ROHNERT PARK ZONING MAP TO REZONE 435 SOUTHWEST BOULEVARD (APN: 143-370-010) FROM P-I: PUBLIC INSTITUTIONAL TO R-H: HIGH DENSITY RESIDENTIAL was published on May 27, 2016 and June 17, 2016, a certified copy of the full text Ordinance was posted at the City Clerk's office, 130 Avram Avenue, Rohnert Park, California 94928 on June 15, 2016, as required by law, and posted in five (5) public places in said City, to: www.rpcity.orq for website posting City Hall 130 Avram Avenue Public Safety Main Station 500 City Center Drive Rohnert Park Community Center 5401 Snyder Lane Rohnert Park - Cotati Regional Library 6250 Lynne Conde Way ( a €e Signed Subsc ed and swor totobefore me this 17th day of June. 0,-4/ ,-117/0 Carol Adams, Executive Assistant to the City Manager m:\ordinances\ordinances 2016\899\affidavit of posting.docx 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 No.899 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 No.899"of which the annexed is a printed copy,was published in said newspaper at least_1 consecutive time(s),commencing on the 27 Day of May,2016 and ending on the 27 day of May,2016. I HEREBY CERTIFY AND DECLARE UNDER THE PENALTY OF perjury that the foregoing is true and correct. EXECUTED this 27 Day of May,2016 at Rohnert Park,California Signed Claudia Smith Chief Clerk SUMMARY CALIFORNIA,AMENDING THE CITY OF ROHNERT PARK ZONING MAP TO REZONE 435 SOUTHWEST BOULEVARD(APN:143470-010)FROM P-I: PUBLIC INSTITUTIONAL TO R-H:HIGH DENSITY RESIDENTIAL Pursuant to Government Code Section 36933(c),the of Ordinance No.899 Introduced by the Rohnert Park City Councilsummary onay 24 2016, 4,2016,at tts ng to held in the City Council and scheduled for Chambers,130 on of adoption Avenue,Rohnert Park,Califforniabe The purpose of Ordinance No.899 is to rezone the property ati 435 Southwest Boule- vard(APN:143.370-010)consistent wi h the General Plan designation of High Density Resklendal as established on May 24,2016 by the City Council.The proposed rezone residen- tialwill allow for apartment housing or other uses thatdevelopment l p are compatible with an area ra resliddential neighborhood Inchd- ing a school,day care and other similar uses. A certified copy of the full text of Ordinance isn posted and available for review In the City Clerk's Office at 10 Avram Aenue,Rohnert Park Califomla Thls ordl nance shall be In full force and effective thirty(30)days after Its adoption,and shall be publish and posted as required by law.This ordinance was introduced by the Council of the City of Rohnert Park on May 24,2016 and is scheduled for considera- tion of adoption on June 14,2016. Dated:May 25,2016 (I ) Caitlin Saldanha Published:May 27,2016 � ,0 Deputy City Clerk The Community Voice