Reclassification of property located at 648 Benjamins Road

November 7, 2006


ORDINANCE NO. 3800

ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA ROSA AMENDING TITLE 20 OF THE SANTA ROSA CITY CODE - RECLASSIFICATION OF PROPERTY LOCATED AT 648 BENJAMINS ROAD - FILE NUMBER REZ05-023

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 RR-20 District is appropriate, and that the reclassification to the RR-20 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 RR-40 (Rural Residential) District to the RR-20 (Rural Residential) District is consistent with the Santa Rosa General Plan in that:

1. The Zoning authorizes Rural Residential Land Use in conformance with the Land Use Element of the City's General Plan which designates the site for Residential Very Low Density 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, 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 Number 183-230-001 to the RR-20 (Rural Residential) District.

Section 3. 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 4. Environmental Determination.  This project is exempt from CEQA through the Class 32 categorical exemption, Section 15332, In-Fill Development.

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

IN COUNCIL DULY PASSED AND ADOPTED this 7th day of November, 2006.

AYES:       (5) Mayor Bender; Councilmembers Blanchard, Condron, Martini, Rabinowitsh

NOES:       (0)

ABSENT:  (1) Councilmember Sawyer

ABSTAIN: (1) Councilmember Pierce

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

APPROVED AS TO FORM:  Brien Farrell, City Attorney

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