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2023/07/11 City Council Ordinance 978 AFFIDAVIT OF POSTING Pursuant to California Government Code§36933 and§40806 Pursuant to Rohnert Park Municipal Code 1.08.010 STATE OF CALIFORNIA ) ss County of Sonoma I, Sylvia Lopez Cuevas, City Clerk for the City of Rohnert Park, declare this is a true and correct copy of Ordinance No. 978. Ordinance No. 978, an Ordinance of the City Council of the City of Rohnert Park Deleting Article Xll, Sections 17.06.680 And 17.06.690, from the Rohnert Park Municipal Code and Removing the Planned Development Zoning Designation for the property located on the Southeast Corner of State Farm Drive and Rohnert Park Expressway(APN 143-051-073 and APN 143-051-089) was published on 6/30/2023 and 7/14/2023 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 Senior Center 6800 Hunter Dr A A certified copy of the full text Ordinance was posted at the City Clerk's office, 130 Avram Avenue, Rohnert Park, California 94928 on 6/30/2023 and 7/14/2023. The summary of Ordinance No. 978 was published in the Community Voice on 6/30/2023 and 7/14/2023 as required by law. — Sylvia Lopez Cuevas, City Clerk—) Subscribed and sworn to before me this August 9, 2023 Elizabeth Machado, 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 OF SONOMA City of Rohnert Park Summary of Ordinance No. 978 ROHNERT PARK JUL p 7 2023 CITY CLERK 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. 978" of which the annexed is a printed copy, was published in said newspaper at least 1 consecutive time(s), commencing on the 30t1i day of June, 2023 and ending on the 3011' day of June, 2023. I HEREBY CERTIFY AND DECLARE UNDER THE PENALTY OF perjury that the foregoing is true and correct. EXECUTED 301 day of June, 2023at Rohnert Park, California. Signed i� Claudia Smith Chief Clerk SUMMARY OF ORDINANCE N& M OFTHE CRT OF ROHNEU PMK, CALIFORNIA, DELETING AHIICLE XII, SEC110NS 17.08.880 AND 17MMMO FROM THE ROHNERT PARK MONN3PAL CODE AND REMOVING THE PLANNED DEVELOPMENT ZONING DESIGNATION FOR THE PROPERTY LOCATED ON THE SOUTHEAST CORNER OF STATE FARM DRIVE AND ROHNERT PARK EXPRESSWAY (APN 143-051-073 AND APN 143-051-089) Pursuant to Government Code Section 36933 �q thefollowirng constitutes a summary of Ordinance No. 970 introduced by the Rohnert Park City Councll on June 27, 2023 and scheduled for consideration of adoption on July 11, 20Z3 at its meeting to be hold In the City Councll Chambem,130 Avram Avanue, Rohnort Perk, California. Meeting detags wlll be posted at least 72 hours prior to the Meeting at htlpa:lfmw+.rpc lty.orgleity_h alllcity_touncllimeetl ng_oentra4 The purpose of Ordinance No. 97815 to amend the zoning ordinance map and text to remove the Plannad Development designation which established a development plan approval process far Laullma's project and Is no longer necessary. After removal of the PD designation, the zoning map would continua to display the underlying Dowtitown District Amenity Zone (DDAZ), which is already in place. A zoning map amendment is needed to implement this change by removing the "PD" label on the property. The ordl nance would also strike text from the Municipal Code (Article XII, Sections 17.06.680 and 17.06.690) since it Is directly related to the PD district and is no longer needed. A certified copy of the tull text of Ordinance 978 is pasted and available for review at City Hail at 130 Avram Avenue, Rohnert Park, California and on the city's website at This ordinance shall be in fuil force and effective Ihirty (30) days after its adoption, i shall be publish and posted as required by law. This ordinance was Introduced by Councg of the City of Robnerl Park on Juno 27. 2023 and is scheduled for tonsid• lion of adoplIon an July 11, 2023, TED: June 28, 2023 Sylvia Lopez Cuevas, City Clerk City of Rohnert Park blish Date: June 30, 2023 e Commun'dy Voice ROHNE TPA-RK CERTIFICATION OF PUBLICATION IN "The Community VOICE" JUL 2 4 2023 (Published every Friday) in the (-,1 Y CLERK 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. 978 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. 978" of which the annexed is a printed copy, was published in said newspaper at least 1 consecutive time(s), commencing on the 14th day of July, 2023 and ending on the 14" day of July, 2023. I HEREBY CERTIFY AND DECLARE UNDER THE PENALTY OF perjury that the foregoing is true and correct. EXECUTED 14' day of July, 2023 at Rohnert Park, California. Signed Claudia Smith Chief Clerk SUMMARY OF ORDINANCE K06 978 OF THE CRY OF ROWNEIR PARK, CALIFORNUI, DELETING ARTICLE XO, SECTIONS 17.06.686 AND 17.06.990 FROM THE ROHNERT PARK MUNICIPAL CODE AND REMOVING THE PLANNED DEVELOPMENT ZONING DESIGNATION FOR THE PROPERTY LOCATED ON THE SOUTHEAST CORNER OF STATE FARM DRIVE AND ROHNERT PARK EXPRESSWAY (APN 143-MI-073 AND APN 143-M1-0011) Pufsoant to Government Code Section 36933 (c), the following can atitutes a sumr )rdlnance No. 978 Introduced by the Rohnart Park City Council on June 27, 2023 Ppted on July 11, 2023 at Its meeting to be held in the City Council Chambers, am Avenue, Rohnorf Park, Calfforala. The purpose of Ordinance No. 978 Is to amend the zoning ordinance map and text remove tha Planned Development designation which established a development pi approval process for Lauiima's project and is no longer necessary. After removal oft PO designation, the zoning map would continue to display the underlying DowntDr Ofstdcl Amenity Zone (1)DAI), which is already in place. A zoning map amondmenI needed to Implement this change by removing the "PO" [abet on the properly. The t p nance would also str€ke text from the Municipal Code (Article XII, Sections 17.06,680 ar 17.06,090) since It is dlreclly related to the PD district and is no longer naeded. A certifled copy of the full text of Ordinance 978 Is posted and available for reviaw City Hall at 130 Avram Avenue, Rohned Park, California and on the city's webs ite This ordinance shall be In full force and effective thirty (30) days after its adoption, d shall be publish and posted as required by law. This ordinance was introduced by F Council of the City of Rohnert Park on June 27, 2023 and adopted on July 11, 2023 the following roll call voto: AYES: NOES:. (0) ABSENT: (0) ABSTAIN: (0) D: July 1$ 2023 Councilmembers Elward, Giudim and Sanborn, Vice Mayor Hollingsworth Adams, and Mayor Rodriguez None None None Sylvia Lopez Cuevas, k City Clerk City of Rohnert Park F Data: July 14, 2023 Fmunity vo[ce ORDINANCE NO. 978 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK DELETING ARTICLE XII, SECTIONS 17.06.680 AND 17.06.690, FROM THE ROHNERT PARK MUNICIPAL CODE AND REMOVING THE PLANNED DEVELOPMENT ZONING DESIGNATION FOR THE PROPERTY LOCATED ON THE SOUTHEAST CORNER OF STATE FARM DRIVE AND ROHNERT PARK EXPRESSWAY (APN 143-051-073 AND APN 143-051-089) WHEREAS, on November 27, 2018, the City Council adopted Ordinance 927 to amend the zoning map to apply the Downtown District Amenity Zone to two parcels totaling 32 acres in size("Subject Site") located at 6400 State Farm Drive(APN 143-051-072 and 143-051-089), and to amend Chapter 17.06, Article XIII (Downtown District Amenity Zone (DDAZ)) of the Municipal Code to include new zoning regulations to implement the Downtown District; and WHERAS, on November 27, 2018 the City Council approved the Laulima Development, LLC, Planning Application No. PROJ 18-0001 to establish the Station Area Planned Development ("PD"), Final Development Plan ("FDP"), Conditional Use Permit ("CUP"), Tentative Map ("TM") and Development Agreement ("DA") for a proposed project, Station Avenue, on the Subject Site, in accordance with the City of Rohnert Park Municipal Code ("RPMC"); and WHEREAS, in 2021, the City purchased the Subject Site and has determined that the Station Avenue entitlements are no longer necessary and seeks to amend the zoning map to remove the Planning Development (PD) designation and the Rohnert Park Municipal Code to delete Article XII to remove the PD zoning regulations; and WHEREAS,amendments to the zoning ordinance and map must be processed according to Section 17.25.070 to .075 of the Rohnert Park Municipal; and WHEREAS,the requested amendments would apply to the City zoning map which would remove the PD map designation(see Exhibit A)and the DDAZ zoning designation would continue to apply to the property (see Exhibit B); 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 public hearings; and WHEREAS, on May 25, 2023, 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 recommended approval by the City Council: and WHEREAS, on June 27, 2023, the City Council held a public hearing at which time interested persons had an opportunity to testify either in support of,or in opposition to the proposal. 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. SECTION 2. CEQA Review. The removal of the PD rezoning designation and regulations is not a "project" under CEQA as it does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect change and is not an activity that Ordinance No.978 Page 1 of 7 will be undertaken. Further, even if the termination was a project, it would be exempt under the "common sense exemption" in CEQA Guidelines section 15061(b)(3) as it can be seen with certainty that there is no possibility the termination would have a significant effect on the environment. In addition, the EIR adopted for the Central Rohnert Park PDA, that covers the Subject Site, will continue to remain in effect. SECTION 3. Factors. The City Council makes the following findings with regard to the rezone, as required under Section 17.25.073 of the Municipal Code.: 1. That the proposed zoning and/or amendment is consistent with the general plan. The downtown district (DDAZ zone) transects of Downtown Core, Downtown Main Street and Downtown Neighborhood would continue to apply and these designations have been determined to be 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. The elimination of the PD designation does not result in any development and no environmental impacts will occur as a result of this action. 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). The underlying zoning of the property will remain and will not impact the ability of the City to accommodate the city's"fair share' of regional housing. All three of the DDAZ designations of Downtown Core, Downtown Main Street and Downtown Neighborhood allow for housing developments. SECTION 4.Amendments. The City Council hereby removes the PD designation for the Subject Site shown in Exhibit A and deletes Article XII, Sections 17.06.680 and 17.06.690 from the Municipal Code as depicted in Exhibit C. The zoning map would continue to display the underlying form-based code designations as provided in Exhibit B. 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. This ordinance was introduced by the City Council of the City of Rohnert Park on June 27, 2023 and DULY AND REGULARLY ADOPTED this 11th day of July, 2023 by the following roll call vote: AYES: Five (5) Councilmembers Elward, Giudice, Sanborn, Vice Mayor Hollingsworth Adams and Mayor Rodriguez NOES: Zero (0) Ordinance No.978 Page 2 of 7 ABSENT: Zero (0) ABSTAIN: Zero (0) CITY OF ROHNERT PARK iiiSiOrillOdriguez, Mayor ATTEST: Sylvia Lopez Cuevas, ' lerk Attachments: Exhibit A, B and C A P OV A TO F • V � Cit}>'Attorney Ordinance No.978 Page 3 of 7 EXHIBIT A Current PD Designation .:( .- 4 iiiiiiii 'Ll • nr.it.Fdv 3* r t; i e .r: ,4.11-40 APN 143-051 I \..eri,iiip .. r 1 ( Ro rt Pat 9p.; •, , -_ W\A • VX: ,S,' _ • 111 ° � � ` . i► - _ � f ' �` •. 0 • ' Q. .•oss :Ls,lii.,, I% ;•1•'. \ 4 r W` 0 State armor . �alr . . • 143 • nx ; ! L ' f _ 4.- si, 04614► - aiii. 4 Ordinance No. 978 Page 4 of 7 EXHIBIT B Existing Downtown District(DDAZ) - - ! ,_, f - I . . °:. I i kij l ‘lb " L . N. -0 so ,1,... -: 2 „.... ill:111' 1 L tea' ii . ... lt ' II 45 illt),... - . _ Ant . `. . y't.,.' ~'a~♦ fad • 'IN . ...se .M37 .. y,., � - 4'4 �. 1 i , : il ' c.. -. I t ..1 Nit.. fr , ''''''",;:. 4,' '`' '.. -. ,t`i4 or .. t _ - . ..•' iii. ? 1. ii--• r .r 1101C "Al N .Ire I 4 •.' ^•.vt . ` p:�..� ` t o o ilk +• a - ` \ - n Ordinance No. 978 Page 5 of 7 EXHIBIT C Text to be Stricken from the Municipal Code (Article XII, Sections 17.06.680 and 17.06.690) Article XII. Station Center Planned Development District Zoning District A. Authority.The adoption of the Station Center Planned Development District is authorized under the Zoning Ordinance of the City of Rohnert Park(Rohnert Park Municipal Code Title 17,the"Zoning Ordinance"). Specifically,Chapter 17.06,Article VII. B. Purpose.The district is intended to create a well designed, pedestrian oriented commercially focused C. Procedure. Prior to any development within the Planned Development the procedures within Article VII, sections 17.06.200 through 17.06.280,shall be followed to establish the required Final Development Plan and Development Ar a Plan(s). D. Applicability.All property within the boundaries of the Station Center Planned Development as designated on the City of Rohnert Park, zoning map,shall be subject to the provisions contained within this Article and any subsequent Final Development Plan and Development Area Plan approvals. {Ord. No.897, (Exh. B),4 12 2016) 17 AG 690 Concictencv with Central Rohnert Park Priority Development Area Plan A. All development within the Station Center PD shall be consistent with the Central Rohnert Park, Priority development ar a plan(s)shall be consistent with the PDA,specifically all entitlements and related 1. Supportive of the Downtown District Amenity Zone(Section 4.3.6 of PDA). 2. Consistent with Section 4.4(Land Use and Development Potential and Requirements)of PDA, or service uses within the Station Center PD area. 3. Consistent with Table 4.1(PDA Zoning Designations and Development Standards)of PDA. 'I. Consistent with Figure 1.6(Station Center Subarea Land Use Designations)and the"Required Station Center Land Use Designation" included below. Modifications to street layout,block layout and size, No reductions to the acreage totals of commercial mixed use as depicted below arc permitted. 5. Implementation of relevant street designs in Chapter 5 (Circulation and Connectivity)in the PDA, specifically State Farm Drive(Figure 5.7). 6. Implementation of the community design guidelines(Chapter 6)in the PDA,with particular attention to a:—Urban streetscape condition(Table 6.1 and Figure 6.3 in the PDA). b. Street furnishings and lighting. c. Building setbacks and building orientation (Section 6.2.3(Building Setbacks),Section 6.2.1 (Building 19-144 Ordinance No.978 Page 6 of 7 d. Mixed u .idclincs for t-he downto r,district(Section G ] 2 i.. PD plan) 7. Minimum parking ratio may be reduced according to Table 5.2: Parking Standards in the PDA Plan. 8. Other requirements from the PDA plan or from PDA plan implementation that may apply. directed by the city council on March 22, 2016) �!Mdti trvn 4 la -- * r c - �...._ ♦ ' I-- t 1 \ fa....K I. Parks/Op,tSpace 1 I CMcor Office 1 / I, a.Y„ E� a i.r4.•tra. • ; 1,8 acres 1 •i 73 acres �d'a ks/ �* --1 eas.1,6•.... 1 x« ` 6 •. f a i I.i� s �.4 res 5, _ • 1 /- •\ i •use ▪•\ •\ -, • , e"+i� 14I i i' • �\ L1 acres & . r.,,s \. "5, _Ow .` . �s �. Jai; -+1 -ok > rr lita .1 \ ' \ �. 11\iit . _ \\ 1r' • ! , ' •� r - Nighpe,:s ` �w so, Olt galliniiir- "' ' rli 1\ Pliramsk, i 11'A ,.tee.- -; P/OS•al, _ • 1 . . i rwrrr.rr ,� 00 _ i • (Ord. No.897, (Exh. B),4 12 2016) Ordinance No. 978 Page 7 of 7