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2017/03/28 City Council Ordinance 905CQT771\ .1104OW11=111-1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK, CALIFORNIA, AMENDING CHAPTERS 17.06.100 "PERMITTED USES" AND 17.07.020 (E) AND (Y) "FOOTNOTES" OF THE ZONING ORDINANCE OF THE MUNICIPAL CODE WHEREAS, the City of Rohnert Park, filed Planning Application No. PLMC 2015-0001 proposing to amend the Rohnert Park Municipal Code ("RPMC") by amending Chapter 17.06. 100 Permitted Uses and 17.07.020 Footnotes of the City of Rohnert Park Zoning Ordinance; and WHEREAS, the proposed amendments to the Zoning Ordinance would remove boat, RV and Outdoor Storage Facilities and Self -Storage Facilities as conditionally permitted uses in the I -L Limited Industrial District and Vehicle Storage Yards as an administrative permitted use in the I -L Limited Industrial District and remove 17.07.020 Footnote (E) and Footnote (Y);and WHEREAS, on May 28, 2015, January 14, 2016, March 24, 2016 and May 12, 2016, the Planning Commission held public hearings at which time interested persons had an opportunity to testify either in support or opposition to the proposal and the Planning Commission recommended adoption of the municipal code amendments to the City Council; and WHEREAS, on March 14, 2017, the City Council conducted a duly notice public hearing to review and consider the information contained in Planning Application No. PLMC 2015-0001 for the amendments to Chapters 17.06. 100 and 17.07.020 of the Zoning Ordinance. NOW, THEREFORE, the City Council of the City of Rohnert Park does hereby ordain as follows: Section 1. The above recitations are true and correct and material to this Ordinance. In making its findings, the City Council relied upon and hereby incorporates by reference all staff reports, presentations, and other documentation presented to the Council in the meeting. Section 2. Findings for Enactment of Amendments to Chapters 17.06. 100 and 17.07.020. The City Council hereby makes the following findings concerning amendments to Chapters 17.06. 100 and 17.07.020.of the Zoning Ordinance: That the proposed amendments to the Zoning Ordinance are consistent with the General Plan 2020. Ord. 905 Criteria Satisfied. The proposed amendments are consistent with the Classification of Industrial Uses within General Plan 2020. This designation accommodates campus -like environments for corporate headquarters, research and development facilities, offices, light manufacturing and assembly, industrial processing, general service, warehousing, storage and distribution and service commercial uses. 2. That the proposed amendment to the Zoning Ordinance will be beneficial to the public health, safety or welfare. Criteria Satisfied. The proposed amendments will benefit the public by eliminating self -storage, vehicle storage and boat, RV and outdoor storage uses as allowed land uses. These uses are low -quality land uses with limited benefits. Further, unlawful incidents at self -storage facilities have required response by Public Safety personnel. The proposed amendments will not have any detrimental impacts as existing self -storage facilities may remain in place as legal non -conforming uses and the City has not experienced a need for boat, RV and outdoor storage facilities or vehicle storage due to the ability of residents to store these items on private property. The amendments will have positive impacts on the public health, safety or welfare. 3. That with the proposed amendments 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 amendments will not affect the availability of housing or residential density. Section 3, Environmental Clearance. This code amendments under consideration are not subject to CEQA pursuant to Sections 15060(c) (2) (the activity will not result in a direct or reasonable 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 a physical change to the environment, directly or indirectly). Section 4. Amendment of Section 17.06.100. The City Council hereby deletes and replaces Section 17.06.100, Permitted Uses, of the Rohnert Park Municipal Code in its entirety with Exhibit A, incorporated by reference as if set forth in full. Ord. 905 Section 5, Deletion of Subsection 17.07.020(E). The City Council hereby deletes subsection 17.07.020(E) of the Rohnert Park Municipal Code in its entirety, and replaces it as follows: "E. Intentionally Omitted." Section 6. Deletion of Subsection 17.07.020(Y). The City Council hereby deletes subsection 17.07.020(Y) of the Rohnert Park Municipal Code in its entirety, and replaces it as follows: "Y. Intentionally Omitted." Section 7. 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 8. 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 9. Publication. The City Clerk is directed to cause this ordinance to be published in the manner required by law. [THE REMAINDER OF THIS PAGE IS LEFT BLANK INTENTIONALLY.] Ord. 905 This ordinance was introduced on March 14, 2017 and adopted by the Council of the City of Rohnert Park on March 28, 2017, by the following roll call vote: AYES: Five (5) Councilmembers Ahanotu, Belforte, Callinan, Stafford and Mayor Mackenzie NOES: None (0 ) ABSENT: None (0 ) ABSTAIN: None (0 ) ATTEST: Caitlin Saldanha, Deputy City Clerk AS►TO FORM: Michelle Marchetta Kenyon, City At CITY OF ROHNERT PARK ,lake MI kenzie, Mayor 4 Ord. 905 Exhibit A 17.06.100 - Permitted uses. The following is a list of land uses and the limited industrial district within which they are permitted as follows: P = permitted C = conditionally -permitted by planning commission A = administrative permit Z = certificate of zoning compliance T = temporary conditional permit I = uses allowed as incidental to a primary use Uses involving chemicals may also be subject to requirements regarding hazardous materials (footnote 11), in which case more restrictive requirement shall apply. Land uses that are not specifically listed are not permitted unless determined, by the planning and community development director, to be substantially similar to a listed use. If the listed land use is followed by a number or a section reference in parenthesis, that number or reference directs the reader to the corresponding land use footnote or special provision which follow this chapter. Land Use Category I -L District Adult Business (subject to the provisions and limitations of Chapters 8.37, 8.38, and 8.39) (A) ' C Agricultural Processing (includes vii Agricultural Services Aircraft Related Industry Animal Hospital/Veterinary Cl Ambulance Service Appliance Repair Service Auto Parts Sales and Installat Automobile Service Station I 5 Ord. 905 Beverage Bottling Plant Boat Building Brewery/Distillery/Winery (R) Broadcasting Studio Car Wash Clubs and Lodges Commercial Filming Studio Communication Facility (F) Contractors' Storage Yard Convention Center Cooperage Cultural Institution (e.g. museums) Dairy Products Processing Day Care Center (Nonresidential) Dry Cleaning Plant Exterminator Food Processor Fuel Storage Funeral Parlor/Mortuary 6 Ord. 905 -9 — P A A P P IC/A - F -C - P C(I) A P h C C C Health Club P(1) Household Hazardous Waste Facility C Household Services/Contractors (e.g. plumbing, painting, electrical, interior decorating) P Kennel (Commercial) (0) C Laundries/Linen Supply Service P Light Manufacturing and/or Assembly (Laboratory requirements to Biosafety Levels 1 and 2) P Lumber Yard P Massage Therapy (see Chapter 8.36) Medical Laboratory A M icrobrewery • with restaurant C • without restaurant P Nursery (Horticulture) P Office � A Parking Lot (Commercial) 1 C Parcel Delivery Service , P Personal Services • As a Principal Use A • As an Incidental Use 1 Photographic Plant P 7 Ord. 905 Printing and Blueprinting P Private/Public Utility Facility (F) • Minor Z/C • Major C Public Assembly C Public Facility—Non-City owned or proposed (see also Public Utility) C Public Facility—City owned or proposed (subject to Planning Commission review on referral P from City Council) Publishing P Recycling Facility (V) • Reverse Vending Machines P • Small Collection Facility A • Large Collection Facility C • Light Processing Facility C Religious Assembly C Research and Development (Laboratory requirements to Biosafety Levels 1 and 2 only) P Restaurant (1) • As an Incidental Use Retail Use • As an Incidental Use 8 Ord. 905 A A Retail Warehouse School • Trade School • High School Security Guard Residence Sign Shop Stone Works Studio (e.g. Dance, Martial A Taxidermist Telecom Center Temporary Use/Event (EE, • Arts and Crafts Sho%A • Circus/Carnival ' T • Flea Market/Swap Meet A • Live Entertainment A • Outdoor Exhibit A I • Recreational Event A • Religious Assembly A • Retail Sales A 9 Ord. 905 Seasonal Lot/Activity (e.g. Christmas t Trade Fair Towing Service/Impound Yar Trucking Terminal (including moving ai Upholstery Shop Vehicular Dealerships/Rentals (incl. boats, farm and construction equip.) (FF) A Vehicle Repair/Body Shops (GG) Warehousing/Wholesaling 10 Ord. 905 ! v� AFFIDAVIT OF POSTING Pursuant to California Government Code§36933 and§40806 STATE OF CALIFORNIA ) ss County of Sonoma I, JoAnne Buergler, City Clerk for the City of Rohnert Park, declare this is a true and correct copy of Ordinance No. 905. SUMMARY OF ORDINANCE NO 905 OF THE CITY OF ROHNERT PARK, CALIFORNIA, AMENDING CHAPTER 17.06.100 PERMITTED USES AND 1.07.020 (E)AND (Y) FOOTNOTES OF THE ZONING ORDINANCE OF THE MUNICIPAL CODE was published on March 17, 2017 and March 31, 2017, 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 certified copy of the full text Ordinance was posted at the City Clerk's office, 130 Avram Avenue, Rohnert Park, California 94928 on March 15, 2017 and March 29, 2017. ne Subscribed and sw rn to b ore me this J day of Mnft -, NW-4'A-) Ai/ Caitlin Saldanha, Deputy City Clerk 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#905 STATE OF CALIFORNIA, The undersigned does her'.by 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#905"of which the annexed is a printed copy,was published in said newspaper at least_1 consecutive time(s),commencing on the 31 day of March,2017 and ending on the 31 day of March,2017. I HEREBY CERTIFY AND DECLARE UNDER THE PENALTY OF perjury that the foregoing is true and correct. EXECUTED this 31 day of March,2017 at Rohnert Park,California Signed SUMMARY OF ORDINANCE NO 905 OF THE CITY OF ROHNERT PARK, CALIFORNIA,AMENDING CHAPTER 17.08.100 PERMITTED USES AND 1.07.020(E)AND(Y)FOOTNOTES OF THE ZONING ORDINANCE OF THE MUNICIPAL CODE Pursuant to Government Code Section 36933(c),the following constitutes a summary --.1111111111. of Ordinance No.905 introduced by the Rohnert Park City Council on March 14 2^17, dd scheduled for consideration of adoption on March 28,2017,at its meeting to be held �� in the City Council Chambers,130 Avram Avenue,Rohnert Park,California. The purpose of Ordinance No 905 is to amend Chapter 17.06.100 to remove Boat,RV, and Outdoor Storage Facilities and Self-Storage facilities as conditionally permitted uses Claudia Smith Chief Clerk in the I-t.Limited Industrial District and Vehicle Storage Yard as an administrative per- mitted use in the I-L Limited Industrial District and remove 17.07.020 Footnote(E)and Footnote(Y).The ordinance includes the following text amendments regarding Boat,RV, and Outdoor Storage Facilities and Self-Storage Facilities and Footnotes(E)and(Y): • In Section 17.06.100 remove Boat,RV,Outdoor Storage Facilities and Self-Storage Facilities as a conditionally permitted use in the I-L Limited Industrial District. • In Section 17.06.100 remove Vehicle Storage Yard as an administrative permitted use in the I-L Limited Industrial District. • In Section 17.07.020 remove Footnote E Boat,RV and Outdoor Storage and Footnote Y Self-Storage Facility. A certified copy of the full text of 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 shall be publish and posted as required by law.This ordinance was introduced by the Council of the City of Rohnert Park on March 14,2017 and adopted on March 28,2017 by the following roll call vote: AYES: Five (5) Councilmembers Ahanotu,Belforte,Callinan,Stafford and Mayor Mackenzie NOES: None (0) ABSENT: None (0) ABSTAIN: None (0) Dated: March 29,2017 ; JoAnne Buergler City Clerk Published:March 31,2017 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 City of Rohnert Park Summary of Ordinance#905 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#905"of which the annexed is a printed copy,was published in said newspaper at least_l consecutive time(s),commencing on the 17 day of March,2017 and ending on the 17 day of March,2017. I HEREBY CERTIFY AND DECLARE UNDER THE PENALTY OF perjury that the foregoing is true and correct. EXECUTED this 17 day of March,2017 at Rohnert Park,California Signed SUMMARY OF ORDINANCE NO 905 OF THE CITY OF ROHNERT PARK, CALIFORNIA,AMENDING CHAPTER 17.06.100 PERMITTED USES AND 1.07.020(E)AND(Y)FOOTNOTES OF THE ZONING ORDINANCE OF THE MUNICIPAL CODE Pursuant to Government Code Section 36933(c),the following constitutes a summary of Ordinance No.905 introduced by the Rohnert Park City Council on March 14,2017, and scheduled for consideration of adoption on March 28,2017,at its meeting to be held �',It • in the City Council Chambers,130 Avram Avenue,Rohnert Park,California. The purpose of Ordinance No 905 is to amend Chapter 17.06.100 to remove Boat,RV, Claudia Smith Chief Clerk and Outdoor Storage Facilities and Self-Storage facilities as conditionally permitted uses in the I-L Limited Industrial District and Vehicle Storage Yard as an administrative per- mitted use in the I-L Limited Industrial District and remove 17.07.020 Footnote(E)and Footnote(Y).The ordinance includes the following text amendments regarding Boat,RV, and Outdoor Storage Facilities and Self-Storage Facilities and Footnotes(E)and(Y): • In Section 17.06.100 remove Boat,RV,Outdoor Storage Facilities and Self-Storage Facilities as a conditionally permitted use in the I-L Limited Industrial District. • In Section 17.06.100 remove Vehicle Storage Yard as an administrative permitted use in the I-L Limited Industrial District. • In Section 17.07.020 remove Footnote E Boat,RV and Outdoor Storage and Footnote Y Self-Storage Facility. A certified copy of the full text of 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 shall be publish and posted as required by law.This ordinance was introduced by the Council of the City of Rohnert Park on March 14,2017 and is scheduled for consideration of adoption on March 28, 2017. Dated:March 15,2017 JoAnne Buergler *. +' City Clerk Published:March 17,2017 The Community Voice