Reclassification of property located at 2650 Dutton Meadow and 1130 Hearn Avenue (Dutton Meadows)

March 14, 2006


ORDINANCE NO. 3770

ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA ROSA AMENDING CHAPTER 20 OF THE SANTA ROSA CITY CODE - RECLASSIFICATION OF PROPERTY LOCATED AT 2650 DUTTON MEADOW AND 1130 HEARN AVENUE (DUTTON MEADOWS) - FILE NUMBER REZ01-029

THE PEOPLE OF THE CITY OF SANTA ROSA DO ENACT AS FOLLOWS:

Section 1. The Council finds, based on the evidence and records presented that the reclassification to the PD District is appropriate for the property identified in Section 2, due to subject property's physical configuration and its location adjacent to established development.

The Council further finds and determines that the reclassification of the subject property from the PD, OSC, CO, R-3-18, and R-1-6 Districts to the PD (Planned Development) District is consistent with the Santa Rosa General Plan in that:

A.   The rezoning is consistent with the Low Density Residential, Medium-Low Density Residential, Medium Density Residential, Office, Neighborhood Park, Retail and Business Service and Mixed-Use Community Shopping Center General Plan land use designations.

B.  The Development Plan furthers the General Plan Goals and Policies in that:

1. The project would produce a livable neighborhood by establishing a mix of residential uses around and within a Community Commons consisting of anchor retail, office, mixed uses and a neighborhood park.

2. The project would maintain a diversity of neighborhoods and varied housing stock to satisfy a wide range of needs in that a variety of housing will be provided consistent with the Santa Rosa Housing Allocation Plan.
 
3.  The project would promote mixed use sites and centers south of Hearn Avenue in that the Dutton Meadows development Plan provides for a mix of rental housing built above future Community Commons retail uses and Live/Work housing built in conjunction with office uses.

4.  The project would provide a convenient and attractive commercial center in that the future Dutton Meadows Community Commons will be subject to Design Review and compliance with the Santa Rosa Design Guidelines.

5. The project would preserve and enhance Santa Rosa's scenic character, including its natural waterways in that it would contribute to the restoration of the abutting reach of Colgan Creek flood control channel with landscaping and pedestrian and bike ways.

6. The project would maintain and enhance the diverse character of Santa Rosa's neighborhoods in that each phase of the Dutton Meadows will include differing housing types integrated by a system of interconnected streets, pedestrian and bike paths. 

7. The project would meet the housing needs of all Santa Rosa residents in that the project will comply with Santa Rosa's affordable housing policies and with the City's Housing Allocation Plan.

8. The project will provide a safe, efficient, free-flowing circulation system in that the Dutton Meadows project will result in the construction of new streets that will serve the development and also provide key links in the backbone circulation system of Santa Rosa's Southwest Area.

9. The project will reduce traffic volumes and speeds in its future neighborhoods in that access to primary residential areas will be from smaller, neighborhood streets and will be designed to implement applicable policies of the Design Guidelines. 
  
10. The project would develop a safe, convenient and continuous network of pedestrian sidewalks and pathways that link neighborhoods with schools, parks, shopping and employment areas in that he Dutton Meadows Master Plan is designed to promote an integrated circulation system linking pedestrians and cyclists to the planned neighborhood park, shopping center, to the abutting future creek trail system, and to schools and parks.

C. The rezoning is within the scope of the previously certified Southwest Area Plan Final Environmental Impact report and the certified Dutton Meadows Project Final Subsequent Environmental Impact report as modified by the Addendum to the Dutton Meadows Project Environmental Impact Report.

D. The EIR identified significant environmental impacts and Section 15091 and 15093 of the California Environmental Quality Act (CEQA) require the City to make one or written findings for the each of those significant effects, accompanied by a brief explanation of the rational for each finding.  As described in Section 1.2 of the Dutton Meadows Project Draft Subsequent EIR (Draft SEIR), the environmental review of the project tiers from three programmatic EIRs: the Southwest Santa Rosa Area Plan Final EIR, the Southwest Santa Rosa Redevelopment Plan Final EIR, and the Santa Rosa 2020: General Plan Final EIR. Potential impacts from the Dutton Meadows Project that were adequately addressed in those previous EIRs were not evaluated further in the Draft SEIR, but were incorporated by reference into the Draft SEIR. Findings and statements of overriding consideration were adopted for these impacts at the time the Plans were approved. The findings for these EIRs that are applicable to the Dutton Meadows Project are included in the findings for the Dutton Meadows Project and summarized in the attached table (Dutton Meadows EIR Findings).

1. The Dutton Meadows EIR findings are attached that identify the significant impacts, mitigation measures and includes a finding and explanation for each of the significant impacts identified in the Dutton Meadows Project Final Subsequent Environmental Impact Report.

2. The City Council adopts a Mitigation Monitoring Program included as a part of the Dutton Meadows Project Final Subsequent Environmental impact report and shall be included as conditions of approval for each development within Dutton Meadows.

3. A Statement of Overriding Considerations was adopted for this rezoning that states the specific reasons that support the rezoning based upon the final EIR and other information in the record stating the benefits of the project.

4. All records regarding the Dutton Meadows are available at the Department of Community Development, Room 3, Santa Rosa City Hall.

E. The rezoning from a PD, R-1-6, OSC, PD and the R-3-18 Districts to a PD district will promote the development of a distinctive project of the highest quality as evidenced by the following:

1. The project will enhance natural amenities including Colgan Creek in that the Dutton Meadows Development Plan includes provisions for the rehabilitation of Colgan Creek flood control channel as part of the project's park development.

2. The project will create new amenities including open space, a public park and a centralized community shopping center.

3. The project will create diversity in its proposed mix of housing types and densities by the planned development of attached single-family, multi-family and live/work units consistent with the city's Housing Allocation Plan.

4. The project will contribute to the protection of the quality of living for areas surrounding the proposed planned development in that higher densities are oriented to the more intense use Community Commons area and will be developed in compliance with the Design Guidelines.

5. The project is designed for the accommodation of non-auto oriented modes of transportation including pedestrian walkways, bicycle paths and transit stops, in that all of these transportation modes have been included as design determinants of the Dutton Meadows Development Plan.

F. The rezoning will allow the development compatible with the surrounding neighborhood in that the Dutton Meadows Development Plan and Policy Statement provide for a phased development with density allocations consistent with the General Plan and all development would be subject to the Design Guidelines.

1. The Zoning authorizes a mix of residential, commercial/retail, office and live/work Use in conformance with the Land Use Element of the City's General Plan, which designates the site for Low Density Residential Land Use.

2. Adequate City services can be provided for the proposed development.

Section 2. All conditions required by law having been satisfied and all findings with relation thereto having been made, Chapter 20 of the Santa Rosa City Code is amended by amending the "Zoning Map of the City of Santa Rosa," as described in Section 20-20.020, for property situated at 2650 Dutton Meadow from the 1130 Hearn Avenue District to the PD District including a Policy Statement and Development Plan October 18, 2005, said property more precisely described as:  Assessor's Parcel Numbers 043-071, 022, 023,-029,-043-191-016,-018,-019,-020,-021,-024, and 043-200-004 subject to the following conditions.

1. Developments within the Dutton Meadows shall incorporate mitigations measures included in the Final Dutton Meadows EIR.  A mitigation monitoring plan shall be adopted as a part of the approval of each development within Dutton Meadows.

2. As Dutton Meadows is residential development exceeding 15 acres, each phase within Dutton Meadows is required to construct housing units or provide land for affordable housing as required by the City's Housing Allocation Plan.

3. Prior to the approval of any development within Dutton Meadows, the land for the neighborhood park shall be offered for dedication to the City of Santa Rosa.

4. As streets are constructed within Dutton Meadows, the developer and/or property owners shall install a 32 square foot sign on each street frontage indicating the future land uses adjacent to the newly constructed street, i.e. neighborhood park, low income housing, shopping center.

In addition to any other conditions that are deemed appropriate or necessary at the time a use permit or other development permit is applied for, any development approval for this property shall be expressly conditioned to require the applicant to fulfill all of the following condition:

Sewer connections for this development, or any part thereof, will be allowed only in accordance with the requirements of the California Regional Water Quality Control Board, North Coast Region, in effect at the time, or thereafter, that the building permit(s) for this development, or any part thereof, are issued. 

Section 3.   Environmental Determination.  The Council has reviewed and considered the approved and adopted the Dutton Meadows Subsequent Environmental Impact Report for this project and determines the following:

A. The proposed reclassification is consistent with the with the goals and policies of all elements of the General Plan,
B. The proposed reclassification would not be detrimental to the public interest, health, safety, convenience, or welfare of the City;
C. The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA) and the Dutton Meadows Final EIR was certified for this project.
D. The site is physically suitable (including absence of physical constraints, access, compatibility with adjoining land uses, and provision of utilities) for the requested zoning designations and anticipated land uses/developments.
E. A Statement of Overriding Considerations has been adopted for the significant unavoidable impacts identified in the Dutton Meadows Final EIR.
F. Whereas the City Council finds that the significant adverse impacts on the environment were documented by the Final Dutton Meadows EIR and that Section 15091 of the California Environmental Quality Act requires the City to make certain findings prior to approving a project with an EIR that identified significant impacts.

Section 4.      Severability.  If any section, subsection, sentence, clause, phrase or word of this ordinance is for any reason held to be invalid and/or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. 
 
Section 5.   Effective Date.  This ordinance shall take effect on the 31st day following its adoption.

IN COUNCIL DULY PASSED AND ADOPTED this 14th day of March, 2006.

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