ORDINANCE NO. ORD-2025-011
ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA ROSA CORRECTING A CLERICAL ERROR IN ORDINANCE ORD-2025-001 THE PEOPLE OF THE CITY OF SANTA ROSA DO ENACT AS FOLLOWS:
WHEREAS, on January 28, 2025, the City Council unanimously adopted Ordinance No. ORD-2025-001 amending Title 20 of the Santa Rosa City Code to modify Zoning Code Chapter 20-31 (Density Bonus and Other Incentives), Section 20-12.020 (Zoning Code Rules of Interpretation), Section 20-36.050 (Adjustments to Parking Requirements), and Section 20-42.130 (Accessory Dwelling Units); and WHEREAS, Section 8 of Ordinance ORD-2025-001 seeks to amend subsection C of Zoning Code Section 20-31.040; however, an error was made in the citing of the code section and rather than citing Section 20-31.040, the Ordinance cites Section 21-31.010; and WHEREAS, this Ordinance will correct the clerical error in Section 8 of Ordinance ORD-2025-001 to cite to implement the amendment to Section 20-31.040(C).
Section 1. Amend subsection C of Section 20-31.040 of the Santa Rosa City Code to read and provide as follows:
“C. Review authority. A request for a Density Bonus will be reviewed by the Director, or the same review authority as the Housing Development's other entitlements, if applicable. The reviewing authority shall not grant the Density Bonus and requested Incentive(s) or Concession(s) unless the findings in Section 20-31.090.B (Available Incentives and Concessions) are made.” Section 2. Environmental Determination. Pursuant to CEQA Guidelines Section 15378, the recommended action to correct a clerical error in the previously adopted ordinance is not a “project” subject to CEQA because it does not have a potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. Even if considered a project, it is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3), the “common sense” exemption, because there is no possibility that the clerical correction may have a significant effect on the environment. In addition, the original ordinance amendments were determined to be exempt pursuant to CEQA Guidelines Section 15061(b)(3) and Section 15282(h) and Government Code Section 66333, as documented in the adopted ordinance.
Section 3. 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 4. Effective Date. This ordinance shall take effect on the 31st day following its adoption.
This ordinance was introduced by the Council of the City of Santa Rosa on September 9, 2025.
IN COUNCIL DULY PASSED AND ADOPTED this 30th day of September, 2025.
AYES: (5) Mayor Stapp, Vice Mayor Alvarez, Council Members Bañuelos, MacDonald, Okrepkie NOES: (0)
ABSENT: (2) Council Members Fleming, Rogers
ABSTAIN: (0)
RECUSE: (0)
ATTEST: _________________________ APPROVED: ______________________________ City Clerk Mayor
APPROVED AS TO FORM: ________________________
City Attorney
Ord. No. ORD-2025-011