ORDINANCE NO. 3864

ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA ROSA AMENDING TITLE 20 OF THE SANTA ROSA CITY CODE-RECLASSIFICATION OF PROPERTY LOCATED AT 444 AND 468 YOLANDA AVENUE (THE YOLANDA RETAIL AND WAREHOUSE PROJECT) – FILE NO. REZ07-018

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 Light Industrial District is appropriate for the properties identified in Section 2 due to subject properties’ physical characteristics and their relationship to the surrounding properties.

The Council further finds and determines that the reclassification of the subject properties at 444 and 468 Yolanda Avenue from the General Commercial District to the Light Industrial District is consistent with the Santa Rosa General Plan in that:

  1. The zoning authorizes Light Industrial Land Use in conformance with the Land Use Element of the City’s General Plan which designates the site as Light Industrial.
  2. The proposed zoning would not be detrimental to the public interest, health, safety, convenience, or welfare of the City.
  3. The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA) and a Negative Declaration has been prepared.

4. 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 20-64.020, so as to change the classification of Assessor’s Parcel Number 044-091-037 to the Light Industrial District.

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 these properties shall be expressly conditioned to require the applicant to fulfill the applicable conditions, including:

Any 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.

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Section 3. Environmental Determination. The Council finds that the adoption and implementation of this ordinance are in compliance with the provisions of the California Environmental Quality Act, that the Council has considered the approved Negative Declaration for this project in accordance with the California Environmental Quality Act, and finds that there is no possibility that the implementation of this rezoning may have significant effects on the environment.

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 18th day of March, 2008. AYES: (7) Mayor Blanchard; Councilmembers Sawyer, Bender, Dean, Gorin, Jacobi, Pierce NOES: (0) ABSENT: (0) ABSTAIN: (0) ATTEST: Susan Stoneman, City Clerk APPROVED:Bob Blanchard, Mayor APPROVED AS TO FORM: Brien Farrell, City Attorney

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