2018/11/27 City Council Ordinance 925 ORDINANCE NO. 925
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK,
CALIFORNIA, AMENDING THE CITY OF ROHNERT PARK ZONING MAP FOR
THE PROPERTY LOCATED ON THE SOUTHEAST CORNER OF DOWDELL
AVENUE AND BUSINESS PARK DRIVE (APN: 143-040-135) FROM A ZONING
DESIGNATION OF INDUSTRIAL (I-L) TO A DESIGNATION OF HIGH DENSITY
RESIDENTIAL (R-II)
WHEREAS,the applicant, Chris Scerri of Redwood Crossings RP("Applicant")has filed
Planning Application No. PLRZ16-0001 with the permission of the property owner, Sonoma
Media Investments ("Owner"), requesting rezoning of the parcel on the southeast corner of
Dowdell Avenue and Business Park Drive,assessor parcel number 143-040-135 ("Subject Parcel")
to allow for the construction of an apartment complex; and
WHEREAS, the applicant has requested a change in the rezoning of the Subject Parcel
from a current Industrial (I-L) to High Density Residential (R-H) designation; and
WHEREAS, amendments to the zoning map must be processed according to Section
17.25.070 to .075 of the Rohnert Park Municipal Code and the Planning Commission is required
to conduct a hearing,make a recommendation and findings to the City Council based on the merits
of the proposal; and
WHEREAS, the requested rezoning would change the 6.3-acre site from its current
designation from Industrial (I-L)to High Density Residential (R-H); and
WHEREAS,pursuant to California State Law and the RPMC,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 prior to the first public hearing; and
WHEREAS, on April 12, 2018, the Planning Commission held a public hearing at which
time interested persons had an opportunity to testify either in support of or opposition to the
proposal; and
WHEREAS, the Planning Commission has reviewed and considered the information
contained in the application and the analysis contained in the Staff Report for the proposal and on
April 12, 2018 voted 5-0 to recommend approval of the proposed Rezoning; and
WHEREAS, on October 9, 2018 and November 13, 2018, the City Council held duly
noticed public hearings at which time interested persons had an opportunity testify either in support
or opposition to the Rezoning; and
WHEREAS, the City Council has reviewed and considered the information contained in
the proposed Rezoning application.
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 Rezoning:
Section 1. Recitals. The above recitations are true and correct.
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Ord. 925
Section 2. CEQA. The City Council approved the Mitigated Negative Declaration for
this Project on November 13, 2018, prior to the first reading of this ordinance
Section 3. Factors. The City Council makes the following findings and
recommendations with regard to the rezone, as required under Section 17.23.073 of the Municipal
Code.:
1. That the proposed zoning and/or amendment is consistent with the general plan.
The proposed rezone classification would change along with changes to the General
Plan land use designation of the 6.3 acre site at the southeast corner of Dowdell Avenue
and Business Park Drive from Industrial to High Density Residential. The zoning
classification would change from Industrial (I-L) to High Density Residential (R-H),
consistent with the proposed GPA. The General Plan can support the change to High
Density Residential in this location due to the need for residential development within
the larger community and applying the following land use policies and housing goals:
LU-6: Locate new Medium and High Density Residential development adjacent to
parks, creekways or other open space, in order to maximize residents access to
recreational uses, or adjacent to a Mixed Use or Neighborhood Commercial Center, to
maximize access to services.
HO-1.1: The City shall continue to provide an adequate supply of residentially zoned
land at sufficient densities to accommodate its fair share of the existing and future
housing needs.
HO-2.1: The City shall promote a diversity of housing types, including single-family
detached and attached residences, mobile homes, multifamily rental and ownership
units, second units, and units combined with non-residential uses.
HO-3.8: The City shall encourage the development of market-rate housing types that
are affordable to low and moderate-income, first-time homebuyers.
2. That the proposed zoning and/or amendment will be beneficial to and not detrimental
to the public health, safety, or welfare.
The development of this parcel will require careful adherence to the mitigation
measures within the MND and performance measures contained with the City zoning
ordinance to avoid detrimental impacts on the community. The health, safety and
welfare of any potential residents of the proposed residential use, the development
potential of adjacent industrial parcels;and the community as a whole can be protected.
This parcel is immediately adjacent to industrial parcels and will be required to be
carefully designed due to the potential negative impacts from adjacent industrial
facilities, including: noise, air quality, lighting, odor and other negative impacts
typically associated with industrial uses. With the residential development of this parcel
adjacent, industrial properties will be subject to Municipal Code (Section 17.12.030 to
.050) which impose land use restrictions on industrial uses when residential dwellings
are nearby. These performance standards such as limits on noise, lighting and odors
would place restrictions on the type of industrial tenants that could locate adjacent to a
residential zone.
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Ord. 925
3. That with the proposed zoning and/or amendment 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 need used by the State Department of Housing and
Redevelopment in determining compliance with Housing Element Law pursuant to
Government Code Section 65863(b).
This factor is not applicable since the proposed rezoning does not remove land for
residential development, but in fact adds 6.3 acres to the residential land supply. This
will make the construction of new residential units more likely.
Section 4. Rezone. Following consideration of the rezoning request and the relevant
factors contained in Section 17.25.073 of the Municipal Code, the City Council finds that the
rezoning as proposed is consistent with the General Plan, as amended, and not detrimental to the
public health, safety and welfare and hereby approves the rezoning for the Subject Parcel as set
forth in Exhibit A.
Section 5. 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 6. 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 7. Publication. The City Clerk is directed to cause this ordinance to be
published in the manner required by law.
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Ord. 925
This Ordinance was introduced by the Council of the City of Rohnert Park on November 13, 2018
and DULY AND REGULARLY ADOPTED on November 27, 2018, by the following Roll Call
Vote:
AYES: Three (3) Councilmembers Ahanotu, Mackenzie, and Mayor Stafford
NOES: One (1) Councilmember Belforte
ABSENT: One (1) Vice Mayor Callinan
ABSTAIN: None (0)
CITY OF ROHNERT PARK
Pam Stafford, Mayor
ATTEST:
L41LlOg
J nne M. Buergler, City Clerk a
APPROVED AS TO FORM:
SOC
lc le archetta Kenyon, City Attorney
Seirco Rodin i -ASST sV 69 Min
I,JOANNE BUERGLER,CITY CLERK of the City o ohnert Park,California,do hereby certify that the
foregoing Ordinance was duly adopted and passed at a regular meeting of the City Council on the 27th day
of November 2018 by the following vote:
AYES: Three (3) Councilmembers Ahanotu, Mackenzie , and Mayor Stafford
NOES: One (1) Councilmember Belforte
ABSENT: One (1) Vice Mayor Callinan
ABSTAIN: None (0)
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Ord. 925
5
Ord. 925
EXHIBIT A
REZONING REQUEST
Current: I-L
Change: R-H
AFFIDAVIT OF POSTING
Pursuant to California Government Code $ 36933 and S 40806
STATE OF CALIFORNIA
County of Sonoma
l, JoAnne Buergler, City Clerk for the City of Rohnert Park, declare this is a true and correct
copy of Ordinance No.925.
SUMMARY OF ORDINANCE NO. 925 OF THE CITY COUNCIL OF THE CITY OF'
ROHNERT PARK, CALIFORNIA, AMENDING THE CITY OF ROHNERT PARK
ZONING MAP FOR THE PROPERTY LOCATED ON THE SOUTHEAST CORNER OF
DOWDELL AVENUE AND BUSINESS PARK DRIVE (APN: 143-040-135) FROM A
ZONING DESIGNATION OF INDUSTRIAL (I-L) TO A DESIGNATION OF HIGH
DENSITY RESIDENTIAL (R-H)
was published on November 16, 2018 and November 30, 2018, as required by law, and
posted in five (5) public places in said City, to:
www. rpcitv.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 November 14,2018 and November 28, 2018.
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QjPfned '
Subscribed and sworn to before me this bd o^ror D{C
U
Caitlin Saldanha, Assistant 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 OFSONOMA
City of Rohnert Park
Summary of Ordinance No. 925
STATE OF CALIFORMA, 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
circulâtion, 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 ãnã 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 entefainment 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 expiessing in general terms, the purport and character of the notice intended to be given; that the " City of Rohnert Park, Summary
of Ordinance No. 925" of which the annexed is a printed copy, was published in said newspaper at least -l consecutive time(s),
commencing on the 30 day of November 2018 and ending on the 30 day of November 2018.
I HEREBY CERTIFY AND DECLARE UNDER THE PENALTY OF perjury that the foregoing is true and correct.
EXECUTED this 30 day of November 2018 at Rohnert Park, California'
Signed
Claudia Smith Chief Clerk
Coüncll
AYES: Three (3)
One (1)one f1)None (0)
Oouncilmemben Ahanotu, Mackenzie and
Mavor Stafford
Coúncllmember Belforte
Vice MaYot Callinan
JoAnno Buerglor
Gi$ Cletk
NOES:
ABSENT:
ABSTAIN
November
November 30'
28,2018
2018
GommunitY Volce
CERTIFICATION OF PUBLICATION IN
"The Community VOICE"
(Published every Friday)
in the
SUPERIOR COURT
of the
STATE OF CALIFORMA
In and For the County of Sonoma
COI-}NTY OFSONOMA
City of Rohnert Park
Summary of Ordinance No. 925
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 ciltzen 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 ci¡culation 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. 358 15 of the Superior Court of the
State of Califomia, 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 subscrþtion 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. 925" of which the annexed is a printed copy, was published in said newspaper at least _l consecutive time(s),
commencing on the 16 day of November 2018 and ending on the 16 day of November 2018.
I HEREBY CERTIFY AND DECLARE UNDER THE PENALTY OF perjury that the foregoing is true and correct
EXECIJTED this 16 day of November 2018 at Rohnert Park, California.
Signed
Claudia Smith Chief Cle¡k
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November 14,2018
Published: November 16, 2018
br con¡lderflon ol adopüon on l{ovombc 27, 2018.
JoAnne Buergler
Gig Clerk
Voice