ORDINANCE NO. 3794

ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA ROSA AMENDING CHAPTER 20 OF THE SANTA ROSA CITY CODE – LANDMARK DESIGNATION  OF THE COMMUNITY BAPTIST CHURCH AND RECLASSIFICATION OF PROPERTY LOCATED AT 1228 GRAND AVENUE  TO THE PD-H COMBINING DISTRICT – FILE NO. ST05-014

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 landmark designation of the Community Baptist Church located at 1228 Grand Avenue and  reclassification of the subject property from South Park PD (Planned Development) to South Park PD-H (Planned Development and Historic Combining) is an appropriate classification of the property identified in Section 2, and such classification is consistent with the Santa Rosa General Plan in that:

1. The proposed amendment is consistent with the goals and policies of all elements of the General Plan, and any applicable specific plan.  The site has specific historical and cultural value in the City of Santa Rosa in that the Community Baptist Church's first permanent location at 1228 Grand Avenue indicates that it is qualified for designation as a local landmark as the Church was the first African American congregation in the United States to be recognized by the Southern Baptist Convention on September 16, 1951, and this site and the congregation are inseparably bound by their common history.

2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City.

3. The site is physically suitable for the requested zoning designation and anticipated land uses/developments.

Section 2.  All conditions required by law having been satisfied and all findings with relation thereto having been made, Title 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, so as to change the classification of Assessor's Parcel No. 038-191-003 to the PD-H district.

Section 3.  The Community Baptist Church located at 1228 Grand Avenue, Santa Rosa, is hereby designated a City of Santa Rosa landmark.

Section 4.  Environmental Determination.  The Council finds that the adoption and implementation of this ordinance are exempt from the provisions of the California Environmental Quality Act (Class 8 exemption – actions by regulatory agencies for the protection of the environment) in that the Council finds there is no possibility that the implementation of this ordinance may have significant effects on the environment.

Section 5.  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 6.  Effective Date.  This ordinance shall take effect on the 31st day following its adoption.

IN COUNCIL DULY PASSED AND ADOPTED this 10th day of October, 2006.

AYES:  (6) Mayor Bender; Councilmembers Blanchard, Condron, Pierce, Rabinowitsh, Sawyer

NOES:  (0)

ABSENT:     (0)

ABSTAIN:   (1) Councilmember Martini

ATTEST: Susan Stoneman, City Clerk   APPROVED: Jane Bender, Mayor

APPROVED AS TO FORM:  Brien Farrell, City Attorney