2019/02/12 City Council Ordinance 929 ORDINANCE NO. 929
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK,
CALIFORNIA,AMENDING THE ROHNERT PARK MUNICIPAL CODE, CHAPTER
17.06,ARTICLE XIII: DOWNTOWN DISTRICT AMENITY ZONE (DDAZ) OVERLAY
DISTRICTS, SECTION 17.06.700.A.2 (APPLICABILITY)TO EXEMPT CERTAIN
BUILDING RENOVATIONS FROM CERTAIN PROVISIONS OF ARTICLE XIII
WHEREAS, on March 22, 2016, in accordance with the California Environmental
Quality Act(CEQA),the City Council of the City of Rohnert Park certified the Environmental
Impact Report for the Central Rohnert Park Priority Development Area Plan("PDA EIR"),
adopted required Findings of Facts, a Statement of Overriding Considerations and a Mitigation
Monitoring Plan(MMRP); and
WHEREAS,on March 22, 2016,the City Council of the City of Rohnert Park adopted
the Central Rohnert Park Priority Development Area Plan; and
WHEREAS, on November 27, 2018,the Council adopted zoning map changes and
amendments to Chapter 17.06 (Land Use Regulations), to incorporate form-based code
provisions into the chapter as Article XIII: Downtown District Amenity Zone Overlay District
("DDAZ") consistent with the PDA plan and City design guidelines; and
WHEREAS,on November 27, 2018,the Council directed staff to consider changes to
the applicability section of the DDAZ to exempt renovations of existing buildings from the
provisions of the form-based code; 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
public hearing in the Community Voice; and
WHEREAS, on January 10, 2019,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,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 January 10, 2019, voted 4-0 to adopt a resolution recommending approval of the proposed
zoning text amendments; and
WHEREAS, on January 22, 2019,the City Council held a duly noticed public hearing at
which time interested persons had an opportunity to comment on the proposed zoning map and
zoning ordinance; and
WHEREAS,the City Council has reviewed and considered the information contained in
the proposed application.
NOW,THEREFORE,BE IT ORDAINED by the City Council of the City of Rohnert
Park as follows:
Section 1.Recitals. The above recitations are true and correct.
Page 1 of 4
Ord.929
Section 2. Findings for CEQA. In accordance with the California Environmental Quality
Act(CEQA),the PDA EIR was previously certified by the City Council. The City Council hereby
finds that the proposed zoning code amendments apply to property within the PDA plan area,
implement the approved PDA plan and are consistent with the PDA analyzed in the PDA EIR.
Pursuant to Section 15162 of the CEQA Guidelines, no new environmental effects could occur as
a result of the amendments and no new mitigation measures would be required. Therefore, no
additional environmental review is required. Development in the PDA would be required to
comply with the previously adopted MMRP.
Section 3.Findings for Enactment of Amendments to Zoning Map and Zoning
Ordinance. The City Council hereby makes the following findings concerning amendments to
Chapter 17.06 (Land Use Regulations) and has considered the factors set forth in Section
17.25.073:
1. That the proposed amendments to the Zoning Ordinance are consistent with the
General Plan 2020.
Criteria Satisfied. The proposed amendments are consistent with General Plan 2020
and the Central Rohnert Park,PDA plan.The proposed zoning amendments do not
prevent the implementation of general plan goals and policies of supporting the
creation of an urban mixed-use,transit oriented downtown environment, consistent
with the City's adopted guidelines for the area.
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 not prevent the implementation
of the vision for a walkable, mixed-use,transit oriented development within the
DDAZ.The proposed amendments will provide additional flexibility and make it
more likely that existing buildings will be remodeled to modern building code
standards. This will provide public health, safety and welfare benefits.
3. That with the proposed zoning and/or amendment adequate and available sites
remain (refer to the quantified housing objectives in the city's housing element of the
general plan) 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 implement the approved PDA and do
not amend or affect the existing residential density on the subject property.
Section 4. Adoption. The City Council hereby adopts an ordinance amending Chapter
17.06, Article XIII, Section 17.06.700.A.2 (Applicability) as proposed in Exhibit 1 attached
hereto.
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.
Page 2 of 4
Ord.929
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.
This Ordinance was introduced by the Council of the City of Rohnert Park on January 22, 2019
and DULY AND REGULARLY ADOPTED on February 12, 2019, by the following Roll Call
Vote:
AYES: Five Council oembrrs( AAams, Cal1iNo , M2,cKen% e._, SleaFor
an6 Nta9r 3e1 +e-
NOES: None (0)
ABSENT: istDne (0)
ABSTAIN: Wo VIC (0)
CITY OF ROHNERT PARK
1
fit/A ,
Gi „e fo, - Mayor
ATTEST:
G M e
,Anne M. Buergler, City Clerk
• 'l P ROV. ll S T FORM:
1
Ichelle Marchetta Kenyon, City Attorney
I, JOANNE BUERGLER, 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 12th day of February, 2019 by the following vote:
AYES: *ive 65) CoUflCJ 4,a ernber.S Acognc, Callinar, Mai 'z, S1/240ra and 61-or Se►-cvrk
NOES: None(o)
ABSENT:None (0)
ABSTAIN: Nzre(.D)
Page 3 of 4
Ord.929
Exhibit 1
Amendments to Zoning Ordinance(Municipal Code Chapter 17.06,Article XIII. Section
17.06.700.A.2)
[NOTE: All text in Section 17.06.700.A.2 to be replaced by the following]
17.06.700.A.2.Applicability
a. The standards and procedures of this Chapter will be applied to any development within the
boundaries of the DDAZ FBC Overlay as shown on the City of Rohnert Park Zoning Map when
one or more of the following occur:
1) The project requires new or modified vehicular access to the site;
2) The project includes new construction of 2,000 sf or greater;
3) The project includes addition(s)over 10%of existing gross floor area of the building;
and/or
4) All or part of the project site lies within the Station Center Planned Development(P-D)
Zoning district.
b. For all buildings and site improvements,including those not subject to"a."above,any changes
to the exterior of a building or site plan elements are subject to the Design Review process
established by Section 17.06.740.D of this code.
c. Notwithstanding Section 17.06.700.A.2(a)above,the standards in Section 17.06.710.A(General
to Walkable Neighborhood Design)only apply to developments greater than 2 acres in size,
and/or requiring new of modified thoroughfares.
d. For any project site zoned with the Planned Development or Station Center Planned
Development(P-D)zoning district,the standards and procedures of this Chapter must be
utilized instead of the specific development standards described in 17.06.210.B(General
Provisions).
Page 4 of 4
Ord.929
AFFIDAVIT OF POSTING
Pursuant to California Govemment Code $ 36933 and S 40806
STATE OF CALTFORNTA )
)ss
County of Sonoma )
l, JoAnne M. Buergler, City Clerk for the City of Rohnert Park, declare this is a true and
correct copy of Ordinance No. 929.
SUMMARY OF ORDrNÄNCE 929 OF THE CrTY OF ROHNERT PARr(, CALTFORNTA,
AMENDING THD ROHNERT PARK MUNICIPAL CODE, CHAPTER 17.06, ARTICLE XIII:
DO\ilNTOWN DTSTRTCT AMENTTY ZONE (DDAZ) OVERT,AY DTSTRTCTS, SECTTON
17.06.700.A.2 (APPLTCABTLTTY) TO EXEMPT CERTATN BUTLDTNG RENOVATTONS FROM
CERTAIN PROVISIONS OF' ARTICLE XIII
was published on January 25,2019 and February 15,2019 as required by law, and posted
in five (5) public places in said City, to:
www. rpcitv.oro 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 January 23,2019 and February 13,2019.
\Subscribed and sworn to before me this
Jennifer Sedn istrative Assistant
day of
CERTIFICATION OF PUBLICATION IN
"The Community VOICE'I
(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 929
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 Califomia; 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. 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 " City of Rohnert Park Summary
ofOrdinance 929" ofwhich the annexed is a printed copy, was published in said newspaper at least _1 consecutive time(s),
commencing onthe22 day of February,2019 and ending onthe22 day of February,2019.
I HEREBY CERTIFY AND DECLARE UNDER THE PENALTY OFperjury that the foregoing is true and corect.
EXECLI-IED this 22 day of February, 2019 at Rohnert Park, California.
Signed
Claudia Smith Chief Clerk
AYES:
NOES: None (0)
ABSENÎ None (0)
ABSTAIN: None (0)
lDated: February 13, 2019
Published: February 22, 2019
lThe community volce
Five (5) Gouncllmembers Adams, llackenzie, Stafiord'
Callinan, and MaYor Belforte
JoAnne tl. Euorgler
C¡ty 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 929
STATE OF CALIFORNIA, The undersigned does hereby certify and declare: That at all times hereinafter sworn, deposes and says:
Thatatalltimeshereinaftermentionedshewas acitizenof theUnitedStates,overtheageof eighteenyearsandaresidentof 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 Govemment 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 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 purpoft and character of the notice intended to be given; that the " City of Rohnert Park Summary
of Ordinance 929" of which the annexed is a printed copy, was published in said newspaper at least _1 consecutive time(s),
commencing on the 25 day of January ,2019 and ending on the 25 day of January, 201 9.
I HEREBY CERTIFY AND DECLARE UNDER THE PENALTY OF perjury that the foregoing is true and correct.
EXECUTED this 25 day of January, 2019 at Rohnert Park, California.
Signed
Claudia Smith Chief Clerk
noilaERl
xill DOlll{Tollutl
.00.700.A,2
FROT
Caltlln Såldanha
Assistant GttY Glerk