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2010/12/07 City Council Resolution 2010-134RESOLUTION NO. 2010-134 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT, ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS AND ADOPTING A MITIGATION MONITORING PROGRAM FOR THE SOUTHEAST SPECIFIC PLAN PROJECT LOCATED NORTHEAST OF BODWAY PARKWAY AND VALLEY HOUSE DRIVE (APN 047 - 111 -030) IN SONOMA COUNTY, CA WHEREAS, the applicant, Redwood Equities LLC, filed Planning Application Nos. PL2003 -031 and PL2003- 054TSM proposing a Prezone, General Plan Amendment, Specific Plan, Tentative Map and related applications and certification of a Environmental Impact Report ( "EIR ") in connection with a proposed mixed -use community located northeast of the intersection of Bodway Parkway and the existing Canon Manor subdivision (APN 047 - 111 -030) (the "Project"), in accordance with the City of Rohnert Park Municipal Code ( "RPMC "); WHEREAS, the City retained PBS &J to prepare an environmental impact report ( "EIR ") pursuant to the California Environmental Quality Act ( "CEQA ") for the proposed Project; WHEREAS, the City of Rohnert Park, acting as the Lead Agency under CEQA, published a Notice of Preparation ( "NOP ") of a Draft EIR for the proposed Project on October 29, 2003. The NOP was distributed for a 30 -day comment period .beginning on October 29, 2003. The City then initiated work on a Draft EIR for the project Project; WHEREAS, the City completed the Draft EIR on December 14, 2005 and circulated it to affected public agencies and interested members of the public for the required 45 day public comment period, from December 14, 2005 to January 27, 2006; WHEREAS, the Planning Commission of the City of Rohnert Park duly noticed and conducted a public hearing on January 26, 2006 in order to receive comments on the Draft EIR; WHEREAS, the City completed the Recirculated Draft EIR to update three chapters of the Draft EIR and circulated it for public review on June 24, 2009 for the required minimum of 45 days, from June 24, 2009 through August 7, 2009; WHEREAS, the Planning Commission of the City of Rohnert Park duly noticed and conducted a public hearing on July 23, 2009 in order to receive comments on the Recirculated Draft EIR; WHEREAS, on October 22, 2010, the City published the Final EIR for the Project, Exhibit A of this Resolution, by incorporating: 1) the Draft EIR and Recirculated Draft EIR; 2) comments received about the Draft EIR and Recirculated Draft EIR and responses to those comments; 3) changes, clarifications and corrections to the Draft EIR and Recirculated Draft EIR; and 4) appendices; WHEREAS, Section 21000, et. seq., of the Public Resources Code and Section 15000, et. seq., of Title 14 of the California Code of Regulations (the "CEQA Guidelines "), which govern the preparation, content, and.processing of environmental impact reports, have been fully implemented in the preparation of the EIR; WHEREAS, pursuant to California State Law and the RPMC, public hearing notices were mailed to all property owners within an area exceeding a three hundred foot radius of the subject property and a public hearing was published for a minimum of 10 days prior to the first public hearing in the Community Voice; and WHEREAS, on December 7, 2010, the City Council held a public hearing at which time interested persons had an opportunity to testify either in support or opposition to the Final EIR. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rohnert Park makes the following findings, determinations and recommendations with respect to the Final EIR for the proposed Project: 1. The City Council has independently reviewed, analyzed and considered the Final EIR and all written documentation and public comments prior to making recommendations on the proposed Project; and 2. The Final EIR was prepared, publicized, circulated, and reviewed in compliance with the provisions of CEQA and the CEQA Guidelines; and 3. That the Final EIR constitutes an adequate, accurate, objective, and complete EIR in compliance with all legal standards; and 4. The information and analysis contained in the Final EIR reflects the City's independent judgment as to the environmental consequences of the proposed Project; and 5. The documents and other materials, including without limitation staff reports, memoranda, maps, letters and minutes of all relevant meetings, which constitute the administrative record . of proceedings upon which the Council's resolution is based are located at the City of Rohnert Park, City Clerk, 130 Avram Ave., Rohnert Park, CA 94928. The custodian of records is the City Clerk. BE IT FURTHER RESOLVED that on the basis of the evidence contained in the administrative record of the Final EIR, the City Council finds based on the information submitted following the conclusion of the public . comment periods on the Draft EIR and the Recirculated Draft EIR and .following the consultant's responses thereto that the responses to comments provide clarification to the information contained in the Draft EIR and the Recirculated Draft EIR. and do not describe 1) a new substantial environmental impact resulting from the project or from new mitigation measures; 2) a substantial increase in an environmental impact; or 3) a feasible project alternative or mitigation measure that clearly would lessen the environmental impacts of the project that has not been adopted. The new information provided in the Final EIR does not constitute "significant new information" within the meaning of CEQA so as to require recirculation of the Final EIR. (CEQA Guidelines Section 15088.5) and such information does not change the analysis or determinations of significance of potential impacts. The responses to comments demonstrate the Draft EIR contains sufficient mitigation measures to minimize or reduce impacts to a less than significant level; and revised language provided in the responses to comments is intended to clarify the required action and intent of the measures to ensure compliance. BE IT FURTHER RESOLVED by the City Council of the City of Rohnert Park that it does hereby certify the Final EIR and direct the filing of a Notice of Determination with the County Clerk. BE IT FURTHER RESOLVED that after considering the EIR, Exhibit A of this Resolution, and in conjunction with making these findings, the City Council hereby finds that pursuant to Section 15092 of the CEQA Guidelines, approval of the Project will result in significant effects on the environment; however, the City eliminated or substantially lessened these significant effects where feasible, and has determined that the remaining significant effects are found to be unavoidable under Section 15091 and acceptable under Section 15093. BE IT FURTHER RESOLVED that Exhibit B (CEQA Findings and Statement of Overriding Considerations) and Exhibit C (Mitigation Monitoring and Reporting Program) of this Resolution provide findings required under Section 15091 of the CEQA Guidelines for significant effects of the Project. BE IT FURTHER RESOLVED that Exhibit B of this Resolution provides the findings required under Section 15093 of the CEQA Guidelines relating to accepting .adverse impacts of the Project due to overriding considerations. The. City has balanced the economic, legal, social, technological, and other benefits of the Project against the unavoidable environmental risks that may result, and finds that the specific economic, legal, social, technological, and other benefits outweigh the unavoidable adverse environmental effects. The City Council hereby adopts the Statement of Overriding Considerations attached hereto as Exhibit B. BE IT FURTHER RESOLVED that, pursuant to Public Resources Code. Section 21081.6, the City Council hereby approves the Mitigation Monitoring and Reporting Program attached as Exhibit C to this Resolution and require the Project to comply with the mitigation measures contained therein. DULY AND REGULARLY ADOPTED by the City Council of the City of Rohnert Park on this 7t' day of December, 2010. ATTEST: r Clerk 29 CITY OF ROHNERT PARK �Ait p n SL V1 1w BELFORTE: AYE BREEZE: NO CALLINAN: A CKENZIE: AYE STAFFORD: AYE AYES: (4) NOES: (1) ABSENT: (0) ABSTAIN: (0) EXHIBIT A V 1► The Draft, Recirculated Draft and Final EIR have been previously distributed. EXHIBIT B CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS RELATED TO THE CERTIFICATION OF THE SOUTHEAST SPECIFIC PLAN EIR STATEMENT OF FINDINGS The findings and determinations contained herein are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the Project and the EIR. The findings and determinations constitute the independent findings and determinations by this City Council in all respects and are fully and completely supported by substantial evidence in the record as a whole. Although the findings below identify specific sections within the Draft and Final EIRs in support of various conclusions reached below, the City Council incorporates by reference and adopts as its own, the reasoning and analysis set forth in both the Draft and Final EIR and thus relies on that reasoning, even where not specifically mentioned or cited below, in reaching the conclusions set forth below, except where additional evidence is specifically mentioned. This is especially true with respect to the Council's approval of all mitigation measures recommended in the Final EIR, and the reasoning set forth in responses to comments in the Final EIR. The City Council further intends that if these findings fail to cross - reference or incorporate by reference any other part of these findings, any finding required or permitted to be made by this City Council with respect to any particular subject matter of the Project must be deemed made if it appears in any portion of these findings or findings elsewhere in the record. The Final EIR, comments and responses to comments and all appendices are hereby fully incorporated herein by this reference. L INTRODUCTION These are the CEQA findings prepared by the City of Rohnert Park ( "City ") as lead agency for the Southeast Specific Plan project ( "Project "). These findings pertain to the Project and the Environmental Impact Report prepared for that Project, designated as State Clearinghouse No. 2003112011. The Draft EIR, the Final EIR, and all the appendices comprise the "EIR" referenced in these findings. These CEQA findings are attached as Attachment A and are incorporated by reference into the resolution certifying the EIR. That resolution also incorporates an Attachment B, which contains the Mitigation Monitoring and Reporting Plan ( "MMRP "), and which references the Project's impacts, mitigation measures, levels of significance before mitigation, and resulting levels of significance after mitigation. The MMRP is incorporated into the Final EIR as Section 4. H. THE PROJECT The Southeast Specific Plan (SESP) proposes a mixed -use community on approximately 80 acres adjacent to the southeast City limits and within the City's Urban Growth Boundary. The 80 acres proposed for development under the SESP lies southeast of the intersection of Bodway Parkway and the existing Canon Manor subdivision. The site is made up of two parcels, APN 047 -111 -030 consisting of 79.7 acres and APN 047 -111 -051 consisting of 0.1 acres located along Valley House Drive between Bodway Parkway and Petaluma Hill Road. Currently, the site is non - urbanized and under annual cultivation for hay crops. There is an existing dwelling and associated outbuildings located at the northeast corner of the site with access from Petaluma Hill Road. The existing dwelling will remain and be parcelized with access from Woodbridge Drive. Outbuildings will be removed from the site. A well and septic system currently serving the dwelling will be abandoned in favor of City services. There are no other improvements to the site with most of the remainder in agricultural operations. The proposed project would provide for development of up to 475 residential units, 10,000 square feet of commercial space, a 7.9 -acre park/detention basin site and a 0.3 -acre public facility site. The commercial space would be constructed in a mixed -use parcel that also includes townhomes and apartments. The project proposes development standards and design guidelines to govern all development within the Specific Plan area. The Applicant is seeking approval of the Specific Plan, including a Final Development Plan and Development Area Plan, as well as General Plan Amendments to reflect the Specific Plan. The Specific Plan process involves a two step process. The Applicant has submitted a Preliminary Plan for consideration by the public, the Planning Commission and the City Council. Upon approval of the Preliminary Plan through a public hearing process, the Applicant has prepared a Specific Plan including Design Guidelines, a Final Development Plan and Development Area Plan, General Plan Amendments to reflect the Specific Plan and a Development Agreement. The Applicant has additionally submitted an application for Pre - Zoning and Annexation of the property to the City of Rohnert Park. The proposed Plan and its accompanying documents are forwarded to Planning Commission for review and recommendation. The recommendations of the Planning Commission are forwarded to City Council for action. The proposed Final Development Plan includes a grid circulation system intended to provide multiple connections that distribute vehicle traffic evenly throughout the neighborhood and allow for convenient and efficient bicycle and pedestrian circulation. The South East Specific Plan includes procedures and other requirements for a Development Area Plan (DAP) for development within the specific plan are of approximately eighty acres. The DAP shall describe the preliminary floor plans, landscaping plans and typical elevations including conceptual materials and appearance of the structures. The applicant has proposed a DAP for the entire project site rather than a phased submittal for Panning Commission consideration. The project application includes a request for a General Plan amendment, which is included in Appendix E of the Final EIR. The current land use designations on the project site in the Rohnert Park General Plan are Rural Estate Residential, Low Density Residential, Medium Density Residential, and Mixed Use. The project proposes to amend the configuration of the existing General Plan designations on the site and to add. Public /Institutional and Parks/Recreation designations. If approved, this amendment would amend the Rohnert Park General Plan Diagram to accurately reflect the configuration of land uses included in the Final Development Plan. The Southeast Area is located outside of the existing City limit and is not currently included in the City of Rohnert Park Zoning Map. The entire Southeast Area is proposed to be zoned Specific Plan (SP). Uses and development standards for the area would be determined by the proposed Southeast Specific Plan. City staff and the project sponsor will negotiate the terms of a Development Agreement to ensure that the developer and the City understand their respective rights related to the Project and to ensure that the growth management triggers and the associated provision of Project amenities and infrastructure are adequately addressed by both parties. Project Objectives Overall, project objectives as stated by the project sponsor include the following, as provided in the EIR: • To incorporate specific lands within the southeast portion of the City's sphere of influence and its Urban Growth Boundary in order to provide opportunities for housing and mixed use (housing with commercial development) • To provide a sustainable project that complies with the City's "green building" policies • To integrate a variety of housing types in accordance with City policy for the SESP area • To coordinate the adoption of the Specific Plan in a manner that provides for the systematic implementation of the General Plan as is consistent with the growth management and public facilities goals and policies of the General Plan III. ENVIRONMENTAL REVIEW OF THE PROJECT Pursuant to the California Environmental Quality Act, Public Resources Code Section 21000 et seq. ( "CEQA ") and the CEQA Guidelines, Code of California Regulations, Title XIV, Section 15000 et seq., the City determined that an Environmental Impact Report (EIR) should be prepared to analyze the potential environmental effects of the Project. As required under CEQA, a Notice of Preparation (NOP) describing the proposed project and issues to be addressed in the EIR was distributed to responsible agencies (to state agencies through the State Clearinghouse), and other interested parties for a 30 -day public review period beginning October 29, 2003. At the November 13, 2003 Planning Commission meeting, the City's Planning Department conducted an EIR agency /public scoping session to allow interested parties to provide comments on the project with regard to potential environmental issues that should be considered in the EIR. The Draft EIR was prepared and circulated for a 45 -day public review period beginning December 14, 2005, and ending January 27, 2006. A Public Comment Session was held on January 26, 2006 to allow interested individuals to present their comments on the Draft EIR in a public forum. In addition to the comments that were received at the January 26 meeting, the City also received comment letters from interested individuals, businesses and agencies. The Recirculated Draft EIR was prepared to provide additional analysis and updated information where it was found that the original circulated EIR did not identify and analyze all potential environmental impacts under worst case scenario conditions. The Recirculated Draft EIR was completed and circulated for public review on June 24, 2009 for the required minimum of 45 -days. The review and comment period extended through August 7, 2009. A Public Comment Session held on July 23, 2009 to allow interested individuals to present their comments on the Recirculated Draft EIR in a public forum. No oral comments were provided. The City prepared, responses to all comments received on the Draft EIR and Recirculated Draft EIR during the public review, which in some cases required revisions to the Draft EIR and Recirculated Draft EIR. The responses to comments, changes to the Draft EIR and Recirculated Draft EIR, and additional information have been incorporated into the Final EIR. CEQA Guidelines Section 15088.5 requires a lead agency to recirculate an EIR for further review and comment when significant new information is added to the EIR after public notice is given of the availability of the draft EIR but before certification. New information added to an EIR is not "significant" unless the EIR is changed in a way that deprives the public of a meaningful opportunity to comment upon a substantial adverse environmental effect of the project or a feasible way to mitigate or avoid such an effect that the project proponent declines to implement. The Guidelines provide examples of significant new information under this standard. Recirculation is not required where the new information added to the EIR merely clarifies or amplifies or makes insignificant modifications in an adequate EIR. Though changes have been made to the Draft EIR and Recirculated Draft EIR, the Final EIR does not contain significant new information as defined in the Guidelines and additional recirculation of the EIR is not required. IV. THE RECORD OF PROCEEDINGS The record upon which all findings and determinations related to the Project are based includes the following: a. The EIR and all documents referenced in or relied upon by the EIR. b. All information (including written evidence and testimony) provided by City staff to the Planning Commission and the City Council relating to the EIR, the proposed approvals and entitlements, the Project or its alternatives. C. All information (including written evidence and testimony) presented to the Planning Commission and the City Council by the environmental consultant and subconsultants who prepared the EIR, or incorporated into reports presented to the Commission and the Council. d. All information (including written evidence and testimony) presented to the City from other public agencies relating to the Project or the EIR. e. All applications, letters, testimony and presentations presented by the Project Sponsor and its consultants to the City in connection with the Project. f. All information (including written evidence and testimony) presented at. any public hearing or workshop related to the Project and the EIR. g. For documentary and information purposes, all locally- adopted land use plans and ordinances, including, without limitation, general plans, specific plans and ordinances, together with environmental review documents, findings, mitigation monitoring and reporting programs and other documentation relevant to regulation and management of land use in the area. h. The MMRP for the Project. i. All other documents comprising the record pursuant to Public Resources Code Section 21167.6(e). The custodian of the documents and other materials that constitute the administrative record of proceedings upon which the Council's decision is based are located at the City of Rohnert Park, City Clerk, 130 Avram Avenue, Rohnert Park, CA 94928. The custodian of records is the City Clerk. These findings are based upon substantial evidence in the entire record before the Council. The references to certain pages or sections of the EIR set forth in these findings are for ease of reference only and are not intended to provide an exhaustive list of the evidence relied upon for these findings. V. FINDINGS REQUIRED UNDER CEQA Public Resources Code section 21002 provides that "public agencies should not approve projects as proposed if there are feasible alternatives or feasible mitigation measures available which would substantially lessen the significant environmental effects of such projects[.]" The same statute states that the procedures required by CEQA ".are intended to assist public agencies in systematically identifying both the significant effects of proposed projects and the feasible alternatives or feasible mitigation measures which will avoid or substantially lessen such significant effects." Section 21002 goes on to state that "in the event [that] specific economic, social, or.other conditions make infeasible such project alternatives or such mitigation measures, individual projects may be approved in spite of one or more significant effects thereof." The mandate and principles announced in Public Resources Code section 21002 are implemented, in part, through the requirement that agencies must adopt findings before approving projects for which EIRs are required. (See Pub. Resources Code, § 21081, subd. (a); CEQA Guidelines, § 15091, subd. (a).) For each significant environmental effect identified in an EIR for a proposed project, the approving agency must issue a written finding reaching one or more of three permissible conclusions. The first such finding is that "[ c]hanges or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR." (CEQA Guidelines, § 15091, subd. (a)(1).) The second permissible finding is that "[s]uch changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency." (CEQA Guidelines, § 15091, subd. (a)(2).) The third potential conclusion is that "[s]pecific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR." (CEQA Guidelines, § 15091, subd. (a)(3).) Public Resources Code section 21061.1 defines "feasible" to mean "capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors." CEQA Guidelines section 15364 adds another factor: "legal" considerations., (See also Citizens of Goleta Valley v. Board of Supervisors (1990) 52 Cal.3d 553, 565 (Goleta II).) The concept of "feasibility" also encompasses the question of whether a particular alternative or mitigation measure promotes the underlying goals and objectives of a project. (City of Del Mar v. City of San Diego (1982) 133 Cal.App.3d 410, 417.) "` [F]easibility' under CEQA encompasses `desirability' to the extent that desirability is based on a reasonable balancing of the relevant economic, environmental, social, and technological factors." (Ibid.; see also Sequoyah Hills Homeowners Assn. v. City of Oakland (1993) 23 Cal.AppAth 704, 715.) The CEQA Guidelines do not define the difference between "avoiding" a significant environmental effect and merely "substantially lessening" such an effect. The City must therefore glean the meaning of these. terms from the other contexts in which the terms are used. Public Resources Code section 21081, on which CEQA Guidelines section 15091 is based, uses. the term "mitigate" rather than "substantially lessen. The CEQA Guidelines therefore equate "mitigating" with "substantially lessening." Such an understanding of the statutory term is consistent with the policies underlying CEQA, which include the policy that "public agencies should not approve projects as proposed if there are feasible alternatives or feasible mitigation measures available which would substantially lessen the significant environmental effects of such Projects." (Pub. Resources Code, § 21002.) For purposes of these findings, the term "avoid" refers to the effectiveness of one or more mitigation measures to reduce an otherwise significant effect to a less - than- significant level. In contrast, the term "substantially lessen" refers to the effectiveness of such measure or measures to substantially reduce the severity of a significant effect, but not to reduce that effect to a less - than- significant level. These interpretations appear to be mandated by the holding in Laurel Hills Homeowners Association v. Planning Commission (1978) 83 Cal.App.3d 515, 519 -521, in which the Court of Appeal held that an agency had satisfied its obligation to substantially lessen or avoid significant effects by adopting numerous mitigation measures, not all of which rendered the significant impacts in question less than significant. Although CEQA Guidelines section 15091 requires only that approving agencies specify that a particular significant effect is "avoid[ed] or substantially lessen[ed]," these findings, for purposes of clarity, in each case will specify whether the effect in question has been reduced to a less - than- significant level, or has simply been substantially lessened but remains significant. Moreover, although section 15091, read literally, does not require findings to address environmental effects that an EIR identifies as merely "potentially significant," these findings will nevertheless fully account for all such effects identified in the Final EIR. CEQA requires that the lead agency adopt mitigation measures or alternatives, where feasible, to substantially lessen or avoid significant environmental impacts that would otherwise occur. Project modification or alternatives are not required, however, where such changes are infeasible or where the responsibility for modifying the Project lies with some other agency. (CEQA Guidelines, § 15091, subd. (a), (b).) With respect to a project for which significant impacts are not avoided or substantially lessened, a public agency, after adopting proper findings, may nevertheless approve the project if the agency first adopts a statement of overriding considerations setting forth the specific reasons why the agency found that the project's "benefits". rendered "acceptable" its "unavoidable adverse environmental effects." (CEQA Guidelines, §§ 15093, 15043, subd. (b); see also Pub. Resources Code, § 21081, subd. (b).) The California Supreme Court has stated, "[t]he wisdom of approving .. any development project, a delicate task which requires a balancing of interests, is necessarily left to the sound discretion of the local officials and their constituents who are responsible for such decisions. The law as we interpret and apply it simply requires that those decisions be informed, and therefore balanced." (Goleta II, supra, 52 Cal.3d at p. 576.) These findings constitute the City Council members' best efforts to set forth the evidentiary and policy bases for its decision to approve the Project in a manner consistent with the requirements of CEQA. To the extent that these findings conclude that various proposed mitigation measures outlined in the Final EIR are feasible and have not been modified, superseded or withdrawn, the City hereby binds itself to implement these measures. These findings, in other words, are not merely informational, but rather constitute a binding set of obligations that will come into effect when the Council adopts a resolution approving the Project. VI. CERTIFICATION OF THE EIR In accordance with CEQA, the CEQA Guidelines and the City Guidelines, the Council, as lead agency, certifies that the EIR has been completed in compliance with CEQA, the CEQA Guidelines and the City Guidelines. The Council further certifies that it has reviewed and considered the information in the EIR prior to approving any element of or entitlement for the Project. Similarly, the Council finds that it has reviewed the record and the EIR prior to approving any element of or entitlement for the Project. By making these findings, the Council confirms, ratifies and adopts the findings and conclusions of the EIR, as supplemented and modified by the findings contained herein. The EIR and these findings represent the independent judgment and analysis of the City and the Council. The Council certifies that the EIR is adequate to support the approval of the Project. The EIR is adequate for each entitlement or approval required for adoption of the Specific Plan and annexation of the Specific Plan area to the City of Rohnert Park. VII. MITIGATION MEASURES, CONDITIONS OF APPROVAL, AND MMRP Public Resources Code Section 21081.6 and CEQA Guidelines Section 15097 require the City to adopt a monitoring plan or reporting program with adoption of the EIR to ensure that the mitigation measures and revisions to the Project identified in the EIR are implemented. The Council finds that the MMRP included in Attachment B meets these requirements and hereby adopts the MMRP. The mitigation measures recommended by the EIR and incorporated into the Project are specific and enforceable. As appropriate, some mitigation measures define performance standards to ensure no significant environmental impacts occur. The MMRP adequately describes conditions, implementation, verification, a compliance schedule and reporting requirements to ensure the Project complies with the adopted mitigation measures. The MMRP ensures that the mitigation measures are in place, as appropriate, throughout the life of the Project. The mitigation measures described in Attachment B are incorporated into these findings as conditions of each of the approvals required for the Project. The mitigation measures set forth in Attachment B reflect the mitigation measures set forth in the EIR. The City may have modified the language of some of the mitigation measures and corresponding conditions for purposes of clarification and consistency, to enhance enforceability, to defer more to the expertise of other agencies with jurisdiction over the affected resources, to summarize or strengthen their provisions, and/or to make the mitigation measures more precise and effective, but has made no substantive changes to the mitigation measures. The City will use the MMRP to track compliance with Project mitigation measures. The MMRP will remain available for public review during the compliance period. VIII. FINDINGS REGARDING IMPACTS In accordance with Public Resources Code Section 21081 and CEQA Guidelines Sections 15091 and 15092, the Council adopts the findings and conclusions regarding impacts and mitigation measures that are set forth in the EIR. These findings do not repeat the full discussions of environmental impacts contained in the EIR. The Council ratifies, adopts and incorporates the analysis, explanation, findings, responses to comments and conclusions of the EIR. The Council adopts the reasoning of the EIR, of City staff reports, and of City staff and the presentations provided by the Project Sponsor. The Council has, by its review of the evidence and analysis presented in the EIR and in the record, acquired an understanding of the full scope of the environmental issues presented by the Project. In turn, this understanding has enabled the Council to make fully informed, thoroughly considered decisions on these important issues. These findings are based on a full appraisal of the EIR and the record, as well as other relevant information in the record of proceedings for the Project. Under Public Resources Code Section 21081(a)(2) and CEQA Guidelines Section 15091(a)(2) and 15092(b)(2)(A), the Council recognizes that some mitigation measures require action by, or cooperation from, other agencies. Similarly, mitigation measures requiring the Project Sponsor to contribute towards improvements planned by other agencies will require the relevant agencies to receive the funds and spend them appropriately. The Council also recognizes that some impacts can only be mitigated by actions taken by other agencies to build the relevant improvements, which will require action by these other agencies that are not enforceable by the City of Rohnert Park. For each mitigation measure that requires the cooperation or action of another agency, the Council finds that adoption and /or implementation of each of those mitigation measures is within the responsibility and jurisdiction of another public agency, and that the measures can and should be adopted and/or implemented by that other agency. The Council finds that, except as provided in Section XI below, following implementation of mitigation measures identified in the EIR and Attachment B, all of the Project impacts evaluated by the EIR will be less than significant as determined by the Draft EIR and Recirculated Draft EIR. IX. ENVIRONMENTAL EFFECTS NOT FOUND TO BE SIGNIFICANT AND NOT ADDRESSED IN DETAIL IN THE EIR During preparation of the EIR, the issue areas of hazardous materials, cultural resources and population / housing were found not to result in significant impacts and therefore are not addressed in detail in the EIR. Pursuant to CEQA Guidelines section 15128, the reasons these issues were determined not to be significant are described below. Hazardous Materials and Cultural Resources In a 2001 Phase I Site Assessment by Harris & Lee Environmental Sciences, it was indicated that a record review and site investigations revealed no Environmental Conditions (contaminants) respecting the site, nor did any other site present a likely impact to the proposed project site. However project generating hazardous materials handling and disposal is addressed in Section 3.11 of the Draft EIR, Utilities. In addition, in a 2002 cultural resources evaluation of the project site by Archaeological Resource Service, it was noted that the results of a literature search and surface examination showed that archaeological monitoring of future proposed excavations was not warranted (cultural resources is fixrther discussed in Section 3.6 of the Draft EIR, Land Use). Population/Housing The City of Rohnert Park General Plan designates the project site under four different residential land use classifications. Under these designations, the project would accommodate a maximum of 510 residential units. The proposed project includes 475 units. The population that would be supported at the project site is consistent with the General Plan projections and the General Plan EIR analysis of population and housing. X. IMPACTS EVALUATED IN THE EIR AND DETERMINED TO BE LESS THAN SIGNIFICANT WITH MITIGATION MEASURES The City Council agrees with the characterization in the Final EIR with respect to all Impacts initially identified as "significant" or "potentially significant" that would be less than significant with implementation of the mitigation measures identified in the Final EIR. In accordance with CEQA Guidelines § 15091(a), a specific finding is made for each impact and its associated mitigation measures in the discussions below. Impact Criteria, as included in the EIR, are included below to provide context for each Impact identified. The below findings include some impacts that were identified in the EIR as "less than significant" for which mitigation measures were nonetheless provided to further ensure the "less than significant" status of the impact or further reduce the already "less than significant" impact. The Council again ratifies, adopts and incorporates the full analysis, explanation, findings, responses to comments and conclusions of the EIR. Aesthetic Impacts Impact Criterion #2 Visual Character and Appearances: Would the project substantially degrade the existing visual character or quality of the site and its surroundings? Impact 3.1 -2 Project construction would require site grading, construction materials stockpiling and storage, and the use of construction equipment which would appear out of character with the setting. This construction impact would be localized and short -term, lasting intermittently during the actual phased periods of construction at specific locations within the project site construction areas during each phase of project construction. Significance Before Mitigation: Significant Significance After Mitigation: Less than Significant Explanation: Mitigation Measure 3.1 -2 requires measures to minimize stockpiling and storage of construction materials onsite and requires that staging areas be located internal to the project site and away from Petaluma Hill Road and as close to or within the areas of construction as possible, out of the way of community traffic, pedestrian use, and local views. Finding: Implementation of Mitigation Measure 3.1 -2 identified in the EIR and listed in the MMRP will ensure that Impact 3.1 -2 would be reduced to a less - than- significant level. Impact Criterion #3 Project Lighting: Would the project create a new source of substantial light or glare that would adversely affect day or nighttime views in the area? Impact 3.1 -3 No significant adverse lighting impact has been identified for the Southeast Specific Plan project. However, Mitigation Measure 3.1-3 is provided to avoid the potential for an adverse lighting effect. Significance Before Mitigation: Less than Significant Significance After Mitigation: Less than Significant Explanation: The EIR determined that Impact 3.1 -3 would be less than significant before mitigation. However, the EIR proposed Mitigation Measure 3.1 -3 to help further reduce the already less - than- significant impact. Mitigation Measure 3.1 -3 includes control of night lighting to avoid glare and point sources of light interfering with the vision of on- and off -site residents and motorists on local roadways. New lighting levels provided should be compatible with general illumination levels in existing areas. Finding: Impact 3.1 -3 would be less than significant before mitigation. Implementation of Mitigation Measure 3.1 -3 identified in the EIR and listed in the MMRP will further reduce the already less - than- significant impact. Air Quality Impacts Other than the construction period impact described below, the EIR identified no significant adverse project impacts with respect to air quality. Impact Criterion #2 Construction Period Emissions: Would the project violate any air quality standards? Impact 3.2 -1 Construction activities associated with development of the Southeast Specific Plan project could generate substantial dust emissions. This would be a significant impact under Impact Criterion #2 regarding the substantial contribution to an existing or projected air quality violation. Significance Before Mitigation: Significant Significance After Mitigation: Less than Significant Explanation: Mitigation Measure 3.2 -1(a) and (b) require measures to reduce generation of dust emissions during construction activities, including measures developed by the BAAQMD and designation of a dust control coordinator to ensure implementation of measures and provide a public point of contact. Mitigation Measure 3.2 -1(c) requires implementation of measures to reduce emissions from heavy -duty diesel - powered equipment operating at the project site during project excavation and construction phases. Finding: Implementation of Mitigation Measure 3.2 -1(a), (b), and (c) identified in the EIR and listed in the MMRP will ensure that Impact 3.2 -1 would be reduced to a less - than- significant level. Land Use Impacts Impact Criterion #1 Plan Consistency: Would the project conflict with applicable land use plans or policies? Impact 3.6 -1 Cultural Resources: No adverse impacts have been determined regarding cultural resources under existing plans and policies. However, Mitigation Measure 3.64 is provided to ensure the protection of any archaeological resources that may be discovered during grading and excavation of the project site in accordance with General Plan Policy EC -3. Significance Before Mitigation: Less than Significant Significance After Mitigation: Less than Significant Explanation: The EIR determined that Impact 3.6 -1 would be less than significant before mitigation. However, the EIR proposed Mitigation Measure 3.6 -1 to ensure the impact would remain less than significant if any archaeological resources are uncovered onsite. Mitigation Measure 3.6 -1 includes measures to protect any archeological resources discovered during project construction activities. Finding: Impact 3.6 -1 would be less than significant before mitigation. Implementation of Mitigation Measure 3.6 -1 identified in the EIR and listed in the MMRP. will further reduce the already less - than- significant impact. Noise Impacts Impact Criterion #1 Noise Standards: Would the project expose persons to, or generate noise levels in excess of, standards established in the General Plan or noise ordinance, or applicable standards of other agencies? Impact 3.7 -1 Future residents of the Southeast Specific Plan site could be exposed to exterior traffic levels that exceed City standards. This would be a potentially significant impact. Significance Before Mitigation: Potentially Significant Significance After Mitigation: Less than Significant Explanation: Mitigation Measure 3.7 -1 requires outdoor activity areas and the residences beyond to be set back a minimum of 199 feet from the centerline of Petaluma Hill Road, 73 feet from the centerline of Valley House Drive east of Bodway Parkway extending to the site entry on Valley House Drive, 63 feet from the centerline of Valley House Drive west of Petaluma Hill Road extending to the site entry on Valley House Drive, and 64 feet from the centerline of Bodway Parkway. The EIR determined that Mitigation Measure 3.7 -1 would reduce the noise impact to a less - than- significant level. Finding: Implementation of Mitigation Measure 3.7 -1 identified in the EIR and listed in the MMRP will ensure that Impact 3.7 -1 would be reduced to a less - than- significant level for future residents of the Southeast Specific Plan site. Impact Criterion #4 Ambient Noise Levels: Would the project cause a substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? Impact 3.7 -2 Construction activities associated with the Southeast Specific Plan project could generate substantial temporary or periodic increases in noise levels potentially annoying residents. This would be a significant impact. Significance Before Mitigation: Significant Significance After Mitigation: Less than Significant Explanation: Mitigation Measure 3.7 -2 requires measures to reduce noise levels associated with construction activities and heavy -duty construction equipment, including but not limited to locating noise generating equipment at specified distances from occupied residences, notifying contractors and residents of allowable construction hours, and informing future residents of potential for noise disruption during ongoing construction. Finding: Implementation of Mitigation Measure 3.7 -2 identified in the EIR and listed in the . MMRP will ensure that Impact 3.7 -2 would be reduced to a less - than- significant level. Public Services Impacts The EIR determined that the proposed Southeast Specific Plan project alone would result in no significant adverse public services impacts, but that coupled with cumulative development, the project would contribute to significant impacts. Impact Criteria 42 and #4 Recreation: Would the project coupled with cumulative growth require new or physically altered recreational facilities resulting in substantial adverse environmental impacts or result in substantially accelerated physical deterioration? Impact 3.8 -1 The Southeast Area Plan project, coupled with cumulative development, would be expected to increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facilities would occur or be accelerated. This would be a significant impact. Significance Before Mitigation: Significant Significance After Mitigation: Less than Significant Explanation: Mitigation Measure 3.8 -1 stipulates that the City would be responsible for implementing General Plan Open Space Element goals and policies regarding the maintenance and management of parks and related facilities. Implementation of Mitigation Measure 3.8 -1 would ensure the project's contribution to cumulative impacts related to recreation would be less than significant. Finding: Implementation of Mitigation Measure 3.8 -1 identified in the EIR and listed in the MMRP will ensure that Impact 3.8 -1 would be reduced to a less - than- significant level. Relationship to Plans and Planning Policy Impacts Section 3.9 of the EIR provides and evaluation of the Southeast Specific Plan project and its development components for consistency with the relevant goals and policies of the Rohnert Park General Plan. No impact determinations are made in this section of the EIR. Traffic and Circulation. Impacts Impact Criterion #2 Hazards: Would the project create safety hazards? Impact 3.10 -2 An increased demand for transit services resulting from project development would increase bus dwell times at adjacent bus stops and potentially block traffic along Petaluma Hill Road, increasing hazards to vehicles and pedestrians. Safety hazards would compound through the current lack of curbs and gutters along Petaluma Hill Road adjacent to the bus stops nearest the project which presents difficulties for patrons barding and alighting buses Significance Before Mitigation: Significant Significance After Mitigation: Less than Significant Explanation: Mitigation Measure 3.10 -2 requires the construction of bus pullouts with appropriate curbs and gutters along Petaluma Hill Road or near the project site as well as adequate pedestrian access paths /sidewalks to the bus stops from the project site. Implementation of Mitigation Measure 3.10 -2 would ensure the project's impacts related to safety hazards would be less than significant. Finding: Implementation of Mitigation Measure 3.10 -2 identified in the EIR and listed in the MMRP would ensure that Impact 3.10 -2 would be reduced to a less - than - significant level. XI. SIGNIFICANT AND UNAVOIDABLE IMPACTS Under Public Resources Code Section 21081(a)(3) and (b), and CEQA Guidelines Sections 15091(a)(3), 15092(b)(2)(B) and 15093, the Council determines that the remaining significant and unavoidable adverse effects on the environment identified by the EIR are acceptable due to the overriding considerations described in Section XIV below. The significant and unavoidable adverse impacts remaining after mitigation of the Project are as follows: Aesthetic Impacts Impact Criterion # 2 Views and Appearances: Would the project substantially degrade the existing visual character or quality of the site and its surroundings? Impact 3.1 -1 The proposed project would allow new urban development to replace the undeveloped landscape that currently occupies the project area. Project buildout would result in the conversion of an open field subject to annual harvesting, to urban development. This change in visual appearance to the Specific Plan project area would be highly visible to passers -by who travel along any of the abutting roads, and to those residents whose homes currently maintain viewlines to the project area open space, and would constitute a degradation of the existing visual character of the site and its surroundings. Significance Before Mitigation: Significant Significance After Mitigation: Significant and Unavoidable Explanation: Implementation of the mitigation measures identified in the EIR for project impacts would not eliminate the adverse impact of the proposed project to the change in the visual appearance to the Specific Plan project area. Notwithstanding the project's compliance with the Sonoma County General Plan and Southeast Specific Plan, and its consistency with existing City of Rohnert Park development patterns, the proposed project would allow new urban development to replace the undeveloped landscape that currently occupies the project area. Cumulative Impacts to Visual Character Significance Before Mitigation: Significant Significance After Mitigation: Significant and Unavoidable Explanation: Implementation of the mitigation measures identified in the EIR for project impacts would not eliminate the adverse viewshed impacts of the proposed project within a cumulative context. The proposed project and other projects considered in the cumulative scenario for development could substantially change the existing visual character of the region — a significant and adverse impact (Impact 3.1 -1). General Plan policies have been established to mitigate the impact of such visual impacts, and would be implemented as part of the prescribed mitigation. These impacts could only be eliminated by the elimination of the entire proposed project and many of the surrounding projects. Therefore, the proposed Southeast Specific Plan project would contribute to significant and unavoidable adverse aesthetic impacts on the visual character of the project site under Impact Criterion #2. Land Use Impacts Impact Criterion #1 Land Use Plans or Policies: Would the project conflict with applicable land use plans or policies? Impact 3.6 -2 Buildout of the Southeast Specific Plan project site would result in the loss of approximately 80 acres of land designated as Farmlands of Local Importance by the State Department of Conservation and Sonoma County Board of Supervisors. This would be a significant and unavoidable land use impact with respect to Sonoma County land use policies. Significance Before Mitigation: Significant and Unavoidable Significant After Mitigation: Significant and Unavoidable Explanation: No mitigation is available for the Loss of Farmlands of Local Importance. The Loss of Farmlands of Local Importance would remain significant and unavoidable under Impact Criterion.# 1 regarding conflicting with County land use plans or policies. Cumulative Impacts to Land Use Significance Before Mitigation: Significant Significance After Mitigation: Significant and Unavoidable Explanation: To the extent other specific plan proposals or other development would require the conversion of agriculturally suitable land or land that is under agricultural use, the project's impact to the loss of Farmland of Local Importance would be significant and unavoidable in a cumulative context. Relationship to Plans and Planning Policy Impacts Section 3.9 of the EIR provides and evaluation of the Southeast Specific Plan project and its development components for consistency with the relevant goals and policies of the Rohnert Park General Plan. No impact determinations are made in this section of the EIR. Traffic and Circulation Impacts Impact Criterion #1 Traffic Volumes and Level of Service (LOS): Would the project cause an increase in traffic that is substantial in relation to the existing traffic load and capacity of the street system? Impact 3.10 -1 Traffic increases resulting from the Southeast Specific Plan project, coupled with the currently approved projects, would result in intersection levels of service at or worse than the applicable level of service threshold at the intersections ofAdobe Road & Petaluma Hill Road (Sonoma County), East Cotati Avenue & Old Redwood Highway (Cotati), East Cotati Avenue & LaSalle Avenue (Cotati), Railroad Avenue & Petaluma Hill Road (Sonoma County), and Railroad Avenue & Old Redwood Highway (Sonoma County). This would be a significant impact. Significance Before Mitigation: Significant Significance After Mitigation: Significant and Unavoidable Explanation: Mitigation Measure 3.10 -1 provides potential mitigation strategies that could reduce Impact 3.10 -1 to a less - than- significant level. However, because the affected intersections are outside of the jurisdiction of the City of Rohnert Park, enforcement of these mitigation measures is uncertain and relies on the City's ability to negotiate and reach agreement with the jurisdictions within which these mitigation measures would be implemented. Because of the uncertainty of successful implementation of this Mitigation Measure, this EIR must presume that this Mitigation Measure may not be implemented or may be incompletely implemented. Therefore, the traffic and circulation impacts under Impact Criterion #1 are recognized as remaining significant and unavoidable. Traffic and Circulation Cumulative Impacts A number of local. intersections and US 101 would be impacted. Significance Before Mitigation: Significant Significance After Mitigation: Significant and Unavoidable Explanation: Under Cumulative plus Project conditions, (Impacts 3.10 -3 and 3.10 -4), a number of local intersections would operate at an unacceptable LOS with the addition of project traffic to the cumulative traffic volumes. However, these traffic impacts can be mitigated to less- than - significant levels through implementation of mitigation measures as described in the EIR. Since the implementation of certain measures is uncertain due to jurisdictional constraints that limit the City's ability to enforce certain measures, the project's cumulative contribution is considered significant and unavoidable for impacts to four local intersections. Under cumulative development conditions, as noted under Impact 3.10 -4, the addition of project traffic would cause the U.S. 101 freeway segments north of Rohnert Park Expressway and the segment south of the Old Redwood Highway - Penngrove Interchange Washington Street and Petaluma Boulevard to operate at unacceptable conditions during both AM and PM peak hours. The established MOE (measure of effectiveness) would not be maintained and the project would create a significant and unavoidable impact. Impact 3.10 -3 is significant and unavoidable since implementation of mitigation measures is uncertain due to jurisdictional constraints that limit the City's ability to enforce the mitigation measures. Impact 3.10 -4 would remain significant and unavoidable since construction of major capacity enhancements to U.S. 101 is considered unlikely. Global Climate Change Impacts Impact Criterion #1 Climate Change: Would the project substantially conflict with or obstruct the implementation of GHG emissions reduction goals under AB 32, the Sonoma County CCAP, or other State and City regulations? Impact 3.10 -1 The proposed Southeast Specific Plan would increase population, employment, and development in the Specific Plan area. This increase would result in a corresponding increase in greenhouse gas emissions, which could potentially contribute to a cumulatively considerable adverse impact on climate change. Significance Before Mitigation: Potentially Significant Significance After Mitigation: Significant and Unavoidable Explanation: Mitigation Measure 3.12 -1 is proposed to promote additional energy efficiency to off -site improvements (traffic lights) and access to public transportation. However, because there would still be an increase in greenhouse gas emissions as a result of the proposed project, and no quantitative thresholds have been established to determine what level of increase is considered significant, the proposed project's impacts are conservatively assumed to be significant and unavoidable. XII. FINDINGS REGARDING ALTERNATIVES Reasonable Range of Project Alternatives CEQA Guidelines § 15126(a) require that an EIR describe a reasonable range of alternatives that would obtain most of the basic project objectives but would avoid or substantially lessen any of the significant environmental affects of the project and that the EIR evaluate the comparative merits of the alternatives. Case law indicates that the lead agency has the discretion to determine how many alternatives constitute a reasonable range (Citizens of Goleta Valley v. Board of Supervisors (1990), 52 C.3d 553, 566); and that an EIR need not present alternatives that are incompatible with fundamental project objectives (Save San Francisco Bay Association vs. San Francisco Bay Conservation & Development Commission (1992), 10 Cal.App. 4th 908). CEQA Guidelines §15126.6(f) states that the range of alternatives required in an EIR is governed by a "rule of reason" that requires the EIR to set forth only those alternatives necessary to permit a reasoned choice. Feasibility of Project Alternatives Additionally, CEQA Guidelines §15126.6(a) provide that an EIR need not consider alternatives that are infeasible. CEQA Guidelines §15126.6(f)(1) provides that among the factors that may be taken into account when addressing the feasibility of alternatives are "site suitability, economic viability, availability of infrastructure, general plan consistency, other plans or regulatory limitations, jurisdictional boundaries, and whether the proponent can reasonably acquire, control or otherwise have access to the alternative site." Alternatives Evaluated Based upon guidance contained in the CEQA Guidelines, the Draft EIR considered three alternatives to the proposed project: No Project Alternative, Alternative Project Site, and Reduced Density Project. No Project Alternative CEQA Guidelines §15126.6(e)(1) provides the following direction relative to the No Project Alternative: The specific alternative of "no project" shall also be evaluated along with its impact. The purpose of describing and analyzing a no project alternative is to allow decision makers to compare the impacts of approving the proposed project with the impacts of not approving the proposed project. Under the No Project Alternative, there would be no site annexation and there would be no Southeast Specific Plan development project as currently proposed within the annexation area. Therefore, current use all or part of the site for hay production would be expected to continue into the future for an unspecified period of time. Excluding the unavoidable and significant cumulative traffic impacts for specified intersections, the No Project alternative would avoid the environmental impacts associated with implementing the Southeast Specific Plan as proposed, leaving open the possibility of site development under current county zoning. Finding: The City Council finds that this alternative is infeasible in that it would not meet the project sponsor's objectives to annex the project site into the City and develop a range of housing types in a sustainable project. The project site would generally continue to be under- utilized given its location within the City's Urban Growth Boundary, available access, and the potential availability of public services and utilities. Explanation: No residential or mixed use development would occur onsite. This alternative would not offer opportunities to integrate the project site with other development within the City, provide additional housing opportunities, and facilitate mixed use development Alternative Project Site The EIR considered other areas in Rohnert Park where the project conceivably could be located. Traffic impacts (both project - specific and cumulative), visual impacts (both project - specific and cumulative), and the loss of 80 acres of agriculturally suitable farmland are identified as significant and unavoidable impacts for the project. The EIR concluded that should an alternative location be determined possible for the project, future traffic growth would still be expected to result in US 101 level of service impacts and intersection levels of service at or worse than the applicable level of service thresholds for various intersections within and outside the City Limits. In addition, the EIR concluded that locating the project within another currently proposed Specific Plan area or adjacent lands would not eliminate the farmland impact as identified for the proposed Southeast Specific Plan. Lastly, the EIR found there is no substantial evidence to conclude that this alternative would avoid or substantially lessen the unavoidable visual or traffic and circulation effects resulting from cumulative development. Finding: The City Council finds that this alternative is infeasible in that it would provide no significant advantage from an environmental standpoint over the proposed project and would not further attainment of General Plan goals, objectives, and policies. Explanation: There is no substantial evidence to conclude that this alternative would avoid or substantially lessen the unavoidable traffic and circulation effects resulting from cumulative development. Therefore, no significant environmental advantage is identified for an alternative project location. Additionally, at another location, the Southeast Specific Plan project as proposed would not be consistent with the General Plan provisions for Specific Plan areas as currently established. Reduced Density Alternative This alternative would reduce the scale of the proposed project. Under this scenario, the project would contain 296 residential units as compared to 475 units as currently proposed. The EIR determined this alternative would still result in the loss of about 80 acres of land designated as Farmlands of Local Importance. Mitigation measures would be similar to the proposed project. A project of reduced density would provide more space to physically implement visual and noise mitigation measures that rely primarily on the establishment of building setbacks. However, none of the significant effects of the Southeast Specific Plan project as proposed would be .avoided or substantially reduced to less . than significant levels under the Reduced Density alternative. Finding: Though the EIR identified the Reduced Density Alternative as the Environmentally Superior Alternative to the proposed project, the City Council finds that this alternative is infeasible in that it would not avoid the Significant and Unavoidable impacts of the proposed project to agricultural resources, aesthetics, climate change, and transportation and circulation. It would also not support the goals and policies of the General Plan Housing Element to promote opportunities for housing and facilitate housing development, provide for a range of housing types within the community, address the housing needs of all economic segments and provide for affordable housing opportunities. Explanation: Reducing the residential count and range of housing types to 296 residential units would limit opportunities for housing and for a variety of housing types in comparison with the proposed project. This would be inconsistent with the Rohnert Park General Plan Housing Element goals and policies to promote options for housing and provide for a range of housing types to address the housing needs of all economic segments. Reducing the residential count would not reduce traffic volumes sufficiently to avoid impacts to transportation and circulation, particularly for intersections identified in the EIR and for US 101. Environmentally Superior Alternative Sections 21002 and 21081 of CEQA require lead agencies to adopt feasible mitigation measures or a feasible environmentally superior alternative in order to substantially lessen or avoid otherwise significant adverse environmental effects, unless specific social or other conditions make such mitigation measures or alternatives infeasible. CEQA regulations prevent consideration of the "no project" alternative as the environmentally superior alternative. The EIR determined that the Reduced Density alternative would be the Environmentally Superior Alternative. The Reduced Density alternative would not eliminate unavoidable significant adverse agricultural land use or visual or intersection level of service impacts identified for the project, under approved and cumulative development scenarios, and mitigation would still be required for construction air quality, noise, traffic and circulation, and visual impacts. However, the EIR determined that the Reduced.Density project could provide specified benefits in that it would facilitate mitigation to reduce the identified significant visual impacts (although these would remain significant), and could reduce noise impacts to a less than significant level. The Reduced Density project would allow for greater flexibility in the establishment of roadway setbacks to preserve views to regional hillsides, provide for a more effective transition in development density across to the site extending to the Urban Growth Boundary, facilitate building setbacks from Petaluma Hill Road to mitigate traffic noise exposure, assist in positioning the residential units to adjust for side and front yard setbacks and the location of units with respect to project site roadways, and facilitate design of the project landscape development component in accordance with the provisions of the Southeast Specific Plan Design Guidelines prior to City Design Review. XIII. FINDINGS REGARDING GROWTH INDUCEMENT Chapter 4 of the EIR provides an analysis of growth inducement effects of the proposed Southeast Specific Plan project, as required by CEQA Guidelines §15126.2(d). In summary, CEQA requires a discussion of how a project could increase population, employment, or housing growth in surrounding areas and consideration of the impacts resulting from this growth. CEQA Guidelines indicate that a project would normally have a significant effect on the environment if it would induce substantial growth or concentration of population. Chapter 4 of the EIR discusses the manner in which the Southeast Specific Plan project could contribute to or encourage such growth. Growth can be induced in a number of ways, such as through the elimination of obstacles to growth, through the stimulation of economic activity within the region, or through the establishment of policies or other precedents that directly or indirectly encourage additional growth. Induced growth would be considered a significant impact if it can be demonstrated that the potential growth would directly or indirectly have a significant effect on the environment. Finding: The South East Specific Plan project would .directly generate population growth by providing housing for approximately 1,327 people. Project construction would generate jobs in the construction, materials fabrication and supply industries up until the time of construction completion. The provision of construction jobs would create an indirect demand for local goods and services. Construction of the project is not expected to generate substantial population growth or new economic activity in the region because project construction would be expected to employ construction workers already living and working in the Bay Area. Construction of the project would include provision of new infrastructure for the Southeast Specific Plan project and its development components. This new infrastructure would lessen potential obstacles to growth, but is considered growth accommodating and not directly growth inducing. The project would be consistent with the City of Rohnert Park General Plan and would comply with the City's Growth Management Program, which assures that the rate of population growth will not exceed the average annual growth rates, established in the General Plan. The project would not construct infrastructure beyond that needed to serve the proposed development and would develop at a pace that would ensure that public services would not be inhibited or overtaxed. The project would be consistent with City and County General Plan policies regarding growth within the urban growth boundary and would not be expected to induce substantial growth outside this boundary. Explanation: The Southeast Specific Plan would construct 475 residential units and up to 10,000 square feet of commercial space. The project would offer a limited number of primary employment jobs as well as a range of temporary construction jobs. Overall, opportunities for population growth and employment provided by the project would be consistent with the General Plan Land Use and Growth Management Element goals and policies. The rate of job growth would be generally proportional to the rate of project development anticipated under the City's Growth Management Program. Infrastructure would be constructed and sized to accommodate the proposed development and would therefore not be expected to induce substantial growth beyond that proposed by the project. The pace of growth associated with the project would align with the ability of utility and public service providers to adequately serve the project. XIV. STATEMENT OF OVERRIDING CONSIDERATIONS Pursuant to Public Resources Code Section 21081 and CEQA Guidelines Section 15093, the City Council has balanced the economic, legal, social, technological, and other benefits of the proposed Southeast Specific Plan project against the significant and unavoidable impacts associated with the proposed Project, and has adopted all feasible mitigation measures. The City Council has also examined potentially feasible alternatives to the Project, none of which are feasible. The City Council hereby adopts and makes the following Statement of Overriding Considerations regarding the significant and unavoidable impacts of the Project and the anticipated economic, legal, social, technological, and other benefits of the Project. A. Significant and Unavoidable Impacts Based on information contained in the record and in the EIR, the City Council has determined that the Project would result in the following significant and unavoidable impacts as identified by the EIR: Impact Impact Description Number 3.1 -1 New urban development will replace the undeveloped landscape that currently occupies the project area. This change in visual appearance to the Specific Plan project area would be highly visible to passers -by who travel along any of the abutting roads, and to those residents whose homes currently maintain viewlines to the project area open space. 3.6 -2 Buildout of the Southeast Specific Plan project site would result in the loss of approximately 80 acres of land designated as Farmlands of Local Importance by the State Department of Conservation and Sonoma County Board of Supervisors. 3.10 -1 Traffic increases resulting from the Southeast Specific Plan project, coupled with the currently approved projects, would result in intersection levels of service at or worse than the applicable level of service threshold at the intersections of Adobe Road & Petaluma Hill Road (Sonoma County), East Cotati Avenue & Old Redwood Highway ( Cotati), East Cotati Avenue & LaSalle Avenue ( Cotati), Railroad Avenue & Petaluma Hill Road (Sonoma County), and Railroad Avenue & Old Redwood Highway (Sonoma County). 3.12 -1 The proposed Southeast Specific Plan would increase population, employment, and development in the Specific Plan area. This increase would result in a corresponding increase in greenhouse gas emissions, which could potentially contribute to a cumulatively considerable adverse impact on climate change. B. Finding The City Council has considered all potentially feasible mitigation measures to substantially lessen or avoid the Project's significant and unavoidable impacts. Where feasible, mitigation measures have been adopted as part of the Project. The imposition of these measures will reduce the identified impacts, but not to a less - than- significant level. The Council finds that it is not feasible to fully mitigate these Project impacts. The City Council has also considered all potentially feasible alternatives to the Project. The City Council finds that there are no feasible alternatives that would reduce the above significant and unavoidable impacts to a less - than- significant level. The Project's impacts identified and discussed above therefore remain significant and unavoidable. C. Overriding Considerations After review of the entire administrative record, including, but not limited to, the Final EIR, the staff report, applicant submittals, and the oral and written testimony and evidence presented at public hearings, the City Council finds that specific economic, legal, social, technological and other anticipated benefits of the Project outweigh the significant and unavoidable impacts, and therefore justify the approval of the Southeast Specific Plan project notwithstanding the identified significant and unavoidable impacts (Pub. Resources Code, § 21081; CEQA Guidelines, § 15093.). The benefits are addressed in detail in Section XIV.D below. The City Council specifically adopts and makes this Statement of Overriding Considerations acknowledging that this Project has eliminated or substantially lessened all significant effects on the environment where feasible (including the incorporation of feasible mitigation measures), and finds that the remaining significant and unavoidable impacts of the Project, which are identified above in Section XIV.A and described in Section XI, are acceptable because the benefits of the Project set forth below in Section XIV.D outweigh the significant and unavoidable impacts identified. The City Council finds that each of the overriding considerations expressed as benefits and set forth below in Section XIV.D constitutes a separate and independent ground for such a finding. Any one of the reasons for approval cited below is sufficient to justify approval of the Project. Thus, even if a court were to conclude that not every reason is supported by substantial evidence, the City Council will stand by its determination that each individual reason is sufficient by itself. The substantial evidence supporting the various benefits can be found in the preceding findings and in the documents found in the Record of Proceedings, as defined in Section IV. D. Benefits of the Project The City Council has considered the EIR, the public record of proceedings on the proposed Project and other written materials presented to and prepared by the City, as well as oral and written testimony received, and does hereby determine that implementation of the Project as specifically provided in the Project documents would result in the following substantial public benefits: 1. The Project Would Enhance Opportunities For Housing in the City and Promote Housing Goals of the General Plan by Providing a Range of Housing Types. Housing is a major component of the proposed project and would include a broad range of lot sizes, home sizes and prices. Homes proposed would include a combination of estate, low density, medium density, and attached multi- family. The project also proposes to assist the City in meeting its affordable housing requirement by providing affordable units (including low and very low income units) according to the City's inclusionary housing ordinance and through the requirements imposed in the Development Agreement and Affordable Housing Plan. Additionally, the Project proposes to meet the goals of General Plan by providing for a variety of housing types including low density, medium density, rural estate and mixed use allowing attached housing. The Project also provides for affordable housing to meet the needs of lower income households. The Project is located within the Urban Growth Management Boundary which represents the ultimate edge of urban uses in the Rohnert Park Planning Area. The Project promotes the housing goals of the General Plan by: • Providing a variety of housing types in its housing mix. (GM -16) • Developing linkages between neighborhoods and interconnected network of streets (CD -2) • Promoting connections with adjacent neighborhoods (CD -B and CD -2). • Preserving the rural character along Petaluma Hill Road by requiring rural residential uses would locate adjacent to this corridor. (CD -13 and CD -52). 2. The Project Would Generate Sales Taxes For The City. The sales generated by commercial components of the Project will generate increased sales tax and property tax revenues for the City. These revenues would go to the City's General Fund, which is the primary funding source for the construction, operation and maintenance of a number of essential City services, programs and facilities including fire and police services, recreation programs, transit operations, library services, public infrastructure such as water and sanitary sewer service, and administrative functions, among other things. 3. The Project Includes a Development Design that Would Provide Desirable Neighborhood and Community Characteristics. In addition to providing a wide range of housing types that would be consistent with housing goals and objectives of the General Plan, the Project Plan includes a 7.1 -acre park/detention basin site, a 0.3 -acre public facility site, and a mixed use area with approximately 10,000 square feet of commercial building area. The proposed parkland acreage meets the City's requirements for parkland dedication. The Neighborhood Park is proposed to be within 1/4 to 1/2 mile of all homes within the planning area. Park amenities would include a playground, dog park, picnic area, basketball half -court, soccer fields, turf play fields, pathways, lighting, and more. Commercial land uses are proposed to encompass business, office, retail shops, residences and may include institutions and service organizations. 4. The Project Would Contribute To Continued Economic Development, Construction of Roadway Improvement, and Maintenance of City Services and Facilities. The Project will mitigate impacts to Valley House Drive through road improvements or payment of fees. Additionally, the Applicant will pay its applicable traffic impact fees for its share of regional transportation improvements. The applicant shall pay impacts to local roadway systems as expected by construction vehicles and the increase in population generated by the Project. The Applicant shall be responsible by the payment of fees to offset the cost of increased services and maintenance generated by the Project. The Project will also be subject to the payment of fees to provide for and maintain public infrastructure such as Public Facilities Financing Plan fees to help fund off -site improvements, City -wide and Regional Traffic ,fees, Pavement Maintenance fees, Public Services Impact fees, and Maintenance of On -Site Infrastructure fees. The public improvements will be funded and maintained through a Funding Mechanism such as a community facilities district. These fees and funding mechanisms are also described in the Development Agreement which is incorporated by this reference. E. Determination and Adoption of Statement of Overriding Considerations The City Council has weighed the economic, legal, social, technological, and other benefits of the proposed Project, as set forth above in Section XIV.D, against the significant unavoidable impacts of the Project identified in the EIR (and identified above in Section XIV.A). The City Council hereby determines that those benefits outweigh the risks and adverse environmental impacts of the Project, and further determines that the Project's significant unavoidable impacts are acceptable. Accordingly, the City Council adopts the Statement of Overriding Considerations, recognizing that significant unavoidable impacts will result from implementation of the Project. Having (i) adopted all feasible mitigation measures, as discussed in the Environmental Impact Report; (ii) rejected alternatives to the Project, as discussed in the Environmental Impact Report; and (iii) recognized the significant unavoidable impacts of the Project, the City Council hereby finds that each of the separate benefits of the proposed Project, as stated herein, is determined to be unto itself an overriding consideration, independent of other benefits, that warrants approval of the Project and outweighs and overrides its significant unavoidable impacts, and thereby justifies the approval of the Project. EXHIBIT C MITIGATION MONITORING PLAN Section 4 Mitigation Monitoring and Reporting Program INTRODUCTION The California Environmental Quality Act (CEQA) requires the adoption of feasible mitigation measures to reduce the severity and magnitude of significant environmental impacts associated with project development. The Environmental Impact Report for the proposed Southeast Specific Plan Project (proposed project) includes mitigation measures to reduce the potential environmental effects of the proposed project. CEQA also requires reporting on and monitoring of mitigation measures adopted as part of the environmental review process (Public Resources Code section 21081.6). This Mitigation Monitoring and Reporting Program (MMRP) is designed to aid the City of Rohnert Park in its implementation and monitoring of measures adopted from the Southeast Specific Plan Draft EIR and Draft Recirculated EIR (Draft REIR). The mitigation measures are taken from the Southeast Specific Plan Draft EIR and Draft REIR, as revised in the Final EIR. Mitigation measures in this MMRP are assigned the same number they had in the Draft EIR and Draft REIR. The MMRP is presented in table format and it describes the actions that must take place to implement each mitigation measure, the timing of those actions, the entities responsible for implementing and monitoring the actions, and verification of compliance. RESPONSIBILITIES AND DUTIES The City's Development Services Department (DSD) would be responsible for ensuring that design and construction contracts contain the relevant mitigation measures included in the EIR, and that mitigation measures are implemented during the design and construction phases of the project. The Public Works Department (PW) will be responsible for monitoring compliance with measures related to transportation and the City's Utilities Department is responsible for monitoring compliance with measures related to hydrology and water quality and public services and utilities (except for sewer). Individual project applicants and contractors shall be responsible for implementation of all mitigation measures, unless otherwise noted. In general, monitoring will consist of verifying that mitigation measures are implemented and ensuring that the following occurs: • Specific issues are considered in the design development phase • Construction contracts include the specified provisions • Certain actions occur prior to construction • The required measures are implemented during construction of the project Rohnert Park Southeast Specific Plan EIR — Mitigation Monitoring and Reporting Program 4 -1 CADocuments and Settings \jhauff\Loca1 SettingsUemporary Internet Fi1es \Content.0ut1ook \GZ0XNI UQ\Revised MMRP 12 -10 per CC (2).doc MITIGATION MONITORING AND REPORTING PROGRAM MATRIX All project - specific mitigation measures included in the EIR would be monitored to ensure consistency with the MMRP for the proposed project. The following MMRP Matrix includes all of the applicable mitigation and monitoring information for the proposed project. Rohnert Park Southeast Specific Plan EIR — Mitigation Monitoring and Reporting Program 4 -2 CADocuments and Settings \jhaufflLocal SettingsUemporary Internet Fi1es \Content.0ut1ook \GZ0XNI UQ\Revised N04U 12 -10 per CC (2).doc Mitigation Monitoring and Reporting. Program for the Southeast S ecific Plan EIR Implementing Monitoring Miti ation Measure Action Party Timing Part 3 1fA'esthe'ttcs 3.1 -1 Planning and design of the Southeast Specific Plan project shall conform to the Conform to the Project sponsor During project DSD provisions regarding neighborhood and community design as contained within provisions of the City design /prior to the the City of Rohnert Park General Plan Community Design Element. The of Rohnert Park issuance of grading purpose of the Community_Design Element is to provide a clear set of design General Plan and construction goals and policies to project sponsors and project designers to be considered by Community Design permits Planning Department staff, the Planning Commission in its review of Element community design under the Site Plan and Architectural Review section of the Zoning Ordinance and the City Council in the evaluation of the project proposal Considerations include concepts of overall neighborhood design and structure; block and street patterns; transitions in development densities from urban to rural lands; increased setbacks along scenic corridors; off - street parking configurations; pedestrian and bicycle circulation; building design variety, form and materials; open space areas, landscaping and lighting; and other features of community design. Conformance review during the City's Design Review process prior to the issuance of grading and construction permits shall be used to reduce the overall change in visual conditions in the area, but this impact would remain significant and unavoidable for Impact Criterion #Z. 3.1 -2 The stockpiling and storage of construction materials and equipment prior to use Minimize on -site Project sponsor On -going during DSD and installation shall be minimized to the extent practicable. Although construction demolition, grading construction staging areas have not been designated at this time, such staging equipment storage. Onsite contractors and construction areas shall be located away from Petaluma Hill Road and as close to or within the areas of construction as possible, out of the way of community traffic and pedestrian use. Mitigation Measure 3.1 -2 applies to the installation of roads and utility services as well as the construction of building structures and would reduce Impact 3.1 -2 to a less - than - significant level. 3.1 -3 Night lighting along Southeast Specific Plan streets, parking areas and any Light fixtures shall be Project sponsor Prior to DSD public spaces should be focused downward and /or shielded to avoid glare and designed to cast low construction point sources of light interfering with the vision of on- and off -site residents and angle illumination and motorists on local roadways. Night lighting for streets would need to minimally shield spillover. conform with City standards regarding street lighting. Lighting elements should be recessed within their fixtures to prevent glare. A specialist in lighting design Use non - reflective Project sponsor Prior to DSD should be consulted during project design to determine light source locations, materials where construction light intensities and type of light source. possible. Notes: P = Public Works – Engineering & Transportation SWCA = Sonoma County Water Agency BAAQMD = Bay Area Air Quality Management District DSD = Development Services Department SCDHS = Sonoma County Department of Health Services Rohnert Park Southeast Specific Plan EIR — Mitigation Monitoring and Reporting Program CADocuments and Settings \jhauff local Settings \Temporary Internet Fi1es \Content.0ut1ook \GZ0XN I UQ \Revised MMRP 12 -10 per CC (2).doc DA = Development Agreement CDFG = California Departnxent of Fish & Game 4 -3 Mitigation Monitoring and Reporting Program for the Southeast S ecific Plan EIR Implementing Monitoring Mitigation Measure Action Party Timin2 Part New lighting levels provided should be compatible with general 'illumination levels in existing areas to avoid a noticeable contrast in light emissions, consistent with the need to provide for safety and security. The overall objective would be to establish area lighting that would be adequate for safety and surveillance, but minimize the potential effects on nighttime views from locations around and within the Specific Plan site area. Regardless of this mitigation, the impact would remain significant and unavoidable. • 3 2;Atr Qualtt 3.2 -1 A Implement recommended dust control measures. To reduce date reduce articulate matter Implement listed dust Contractor On -going during PW emissions during project excavation and construction p project control measures. demolition, contractor(s) should comply with the dust control strategies developed by the grading, and BAAQMD. The project sponsor should include in construction contracts the construction following requirements or measures shown to be equally effective. • Cover all truck hauling soil, sand, and other loose construction and demolition debris from the site, or require all such trucks to maintain at least two feet of freeboard; • Water all exposed or disturbed soil surfaces in active construction areas at least twice daily; • Use watering to control dust generation during demolition of structures or break -up of pavement; • Pave, apply water three times daily, or apply (non- toxic) soil stabilizers on all unpaved parking areas and staging areas; • Sweep daily (with water sweepers) all paved parking areas and staging areas; • Provide daily clean -up of mud and dirt carried onto paved streets from the site; • Enclose, cover, water twice daily or apply non -toxic soil binders to exposed stockpiles (dirt, sand, etc.); • Limit traffic speeds on unpaved roads to 15 mph; • Install sandbags or other erosion control measures to prevent silt runoff to public roadways; • Replant vegetation in disturbed areas as quickly as possible; • Hydroseed or apply (non- toxic) soil stabilizers to inactive construction areas (previously graded areas inactive for ten days or more); Notes: PW = Public Works — Engineering & Transportation SWCA = Sonoma County Water Agency BAAQMD = Bay Area Air Quality Management District DSD = Development Services Department SCDHS = Sonoma County Department of Health Services Rohnert Park Southeast Specific Plan EIR — Mitigation Monitoring and Reporting Program CADocuments and Settings \jhaufflLocal Settings \Temporary Internet Fi1es \Content.0ut1ook \GZ0XN1 UQ \Revised N MRP 12 -10 per CC (2).doc DA = Development Agreement CDFG = California Department of Fish & Game 4 -4 Mitigation Monitoring and Reporting Program for the Southeast S ecific Plan EIR Implementing Monitoring Mitigation Measure Action Party Timing Part • Install wheel washers for all existing trucks, or wash off the tires or tracks of all trucks and equipment leaving the site; • Install wind breaks at the windward side(s) of construction areas; • . Suspend excavation and grading activity when winds (instantaneous gusts) exceed 25 miles per hour over a 30- minute period or more; and • To the extent possible, limit the area subject to excavation, grading, and other dust - generating construction activity at any one time. 3.2 -1 B Designate a dust control coordinator. To facilitate control of dust during Designate a dust Project sponsor On -going during PW construction and demolition phases, the project sponsor should include a dust control coordinator. demolition, control coordinator in construction contracts. All construction sites should have grading, and posted in a conspicuous location the name and phone number of a designated Post contact construction construction dust control coordinator who can respond to complaints by information for dust suspending dust - producing activities or providing additional personnel or control coordinator. equipment for dust control 3.2 -1C Reduce emissions from heavy -duty diesel - powered equipment. The project Implement listed Contractor Ongoing during PW contractor(s) should implement measures to reduce the emissions of pollutants measures identified to grading, generated by heavy -duty diesel - powered equipment operating at the project site reduce diesel powered demolition, and during project excavation and construction phases. The project sponsor should equipment emissions. construction. include in construction contracts the following requirements or measures shown to be equally effective. • Keep all construction equipment in proper tune in accordance with manufacturer's specifications; • Use late model heavy -duty diesel - powered equipment at the project site to the extent that it is readily available in the San Francisco Bay Area; • Use diesel - powered equipment that has been retrofitted: with after - treatment products (e.g., engine catalysts) to the extent that it is readily available in the San Francisco Bay Area; • Use low- emission diesel fuel for all heavy -duty diesel - powered equipment operating and refueling at the project site to the extent that it is readily available and cost effective in the San Francisco Bay Area (this does not apply to diesel - powered trucks traveling to and from the site); • Utilize alternative fuel construction equipment (i.e., compressed natural gas, liquid petroleum gas, and unleaded gasoline) to the extent that the equipment is readily available and cost effective in the San Francisco Bay Area; • Limit truck and equipment idling time to five minutes or less; Notes: PW = Public Works – Engineering & Transportation SWCA = Sonoma County Water Agency BAAQMD = Bay Area Air Quality Management District DSD = Development Services Department SCDHS = Sonoma County Department of Health Services Rohnert Park Southeast Specific Plan EIR — Mitigation Monitoring and Reporting Program CADocuments and Settings \jhauff\Local Settingffemporary Internet Fi1es \Conten1.0ut1ook \GZ0XN1 UQ \Revised MMRP 12 -10 per CC (2).doc DA = Development Agreement CDFG = California Department of Fish & Game 4 -S Mitigation Monitoring and Reporting Program for the Southeast S ecific Plan EIR Implementing Monitoring Mitigation Measure Action Party Timing Part • Rely on the electricity infrastructure surrounding the construction sites rather than electrical generators powered by internal combustion engines to the extent feasible. „ „ 3; 3 Bloto ical, Re ources , Thee�re nostanrficaht,xm ,acts an Bolo icaT:Resources, „, ,,;x 3 4 Geolo 9;" S aril SeismicR There ' no,si' ;ntticant,><m acfs related to,Geolo" �tls and /or "Se>smicif 3.5 -Ii °drolo .` a'nd'Water. .uaht. = There "are no si nttrcant im' -acts related to H drolo and %or Water , ualt ; - . . ..... ... . -� = -...= �.s Land,Use ; z 3.6 -1 Construction specifications, inclusive of all utilities required for the project, Instruct equipment Contractor Ongoing during DSD should note that operators of site grading and excavation equipment be operators to observe grading, instructed to be observant for unusual or suspect archaeological materials that for archaeological demolition, and may surface from below during site grading and.excavation operations, materials. construction. In the event that unknown archaeological remains are discovered during Consult archeologist in Contractor Ongoing during DSD subsurface excavation and construction, land alteration work in the vicinity of the event of a find. grading, the find should be halted and a qualified archeologist consulted. Prompt demolition, and evaluations could then be made regarding the find and a resource management construction: plan.that is consistent with CEQA requirements could then be implemented. If prehistoric archeological deposits are discovered, local Native American organizations should be consulted and involved in making resource management decisions. All applicable State and local legal requirements concerning the treatment of cultural materials and Native American burials should be enforced. If subsequent investigations result in the recording of prehistoric archeological In the event of a find, Project sponsor Ongoing during DSD sites that cannot be avoided and preserved, and the importance of the cultural determine the integrity grading, deposits cannot be determined from surface evidence, then subsurface testing and importance of the demolition, and programs should take place to make such determinations. Testing procedures resource(s). construction. should be designed to specifically determine the boundaries of sites, the depositional integrity and the cultural importance of the resources, as per CEQA criteria. These investigations should be conducted by qualified professionals knowledgeable in regional prehistory. The testing programs should be conducted within the context of appropriate research considerations and should result in detailed technical reports that define the exact disturbance implications for important resources and present comprehensive programs for addressing such disturbances. Measures similar to the ones described below would also apply: Avoidance of an archaeological site through modification of the roadway plan line that would allow for the preservation of the resource. Notes: PW = Public Works — Engineering & Transportation SWCA = Sonoma County Water Agency BAAQMD = Bay Area Air Quality Management District DSD = Development Services Department SCDHS = Sonoma County Department of Health Services Rohnert Park Southeast Specific Plan EIR — Mitigation Monitoring and Reporting Program C:\Documents and SettingsTiaufflLocal Settings \Temporary Internet Files \Content.0utlook \GZOXNIUQ \Revised MMRP 12 -10 per CC (2).doc DA = Development Agreement CDFG = California Department of Fish & Game 4 -6 Mitigation Monitoring and Reporting Program for the Southeast S ecific Plan.EIR Implementing Monitoring Mitigation Measure Action Party Timing Part Covering or "capping" sites with a protective layer of fill. This could be a good .Protect important Project sponsor Ongoing during DSD way of mitigating situations where public access may be increased as a result of resources by listed grading, development. Archaeological monitoring during the filling process would be methods. demolition, and recommended. construction. Covering-or "capping" sites with a protective layer of fill. This could be a good way of mitigating situations where public access may be increased as a result of development. Archaeological monitoring during the filling process would be recommended. In considering subsurface testing and excavations of prehistoric archaeological sites, consultation with the local Native American community is essential; all aspects of the programs, including the treatment of cultural materials and particularly the removal, study and reinterrlment of Native American burials should be addressed. All applicable State and local legal requirements concerning these issues should be strictly adhered to. 3 7�Noise, 3.7-1 Outdoor activity areas and the residences beyond shall be set back a minimum Locate outdoor Project sponsor During project DSD /PW of 199 feet from the centerline of Petaluma Hill Road, 73 feet from the activity areas away design/ prior to the centerline of Valley House Drive east of Bodway Parkway extending to the site from listed noise issuance of grading entry on Valley House Drive, 63 feet from the centerline of Valley House Drive sources. and construction west of Petaluma Hill Road extending to the site entry on Valley House Drive, permits and 64 feet from the centerline of Bodway Parkway. 3.7 -2 Reduce noise levels associated with construction activities and heavy -duty Include listed Project sponsor Ongoing during DSD /PW construction equipment. The project contractor(s) should implement measures measures to reduce project to reduce the noise levels generated by construction equipment operating at the construction noise. construction project site during project grading and construction phases. The project sponsor should include in construction contracts the following requirements or measures shown to be equally effective. • Stationary construction equipment that generates noise levels in excess of 65 dBA Leo shall be located as far away from existing residential areas as possible. If required to minimize potential noise conflicts, the equipment shall be shielded from noise sensitive receptors by using temporary walls, sound curtains, or other similar devices; • Heavy -duty vehicle storage and start-up areas shall be located a minimum of 150 feet from occupied. residences where feasible; Notes: P = Public Works — Engineering & Transportation SWCA = Sonoma County Water Agency BAAQMD = Bay Area Air Quality Management District DSD = Development Services Department SCDHS.= Sonoma County Department of Health Services Rohnert Park Southeast Specific Plan EIR — Mitigation Monitoring and Reporting Program CADocuments and Settings \jhaufftocal Settings \Temporary Internet Fi1es \Content.0ut1ook \GZ0XN t UQ \Revised MMRP 12 -10 per CC (2).doc DA = Development Agreement CDFG = California Department of Fish & Game 4 -7 Mitigation Monitoring and Reporting Program for the Southeast S ecific Plan EIR Implementing Monitoring Mitigation Measure Action Party Timing Part • An information sign shall be posted at the entrance to each construction site that identifies the permitted construction hours and provides a telephone number to call and receive information about the construction project or to report complaints regarding excessive noise levels. 3.8 71 The City would be responsible for implementing General Plan Open Space Implement General City of Rohnert Park Ongoing during DSD Element goals and policies regarding the maintenance and management of parks Plan Open Space project and related facilities. Specifically, Goal OS -H calls for adequate funding for the Element goals and development maintenance of parks and recreation facilities, Policy OS -10 through preparation policies of the Parks, Recreation, and Open Space Master Plan calls for the maintenance of existing facilities, and Policy OS -14 requires cooperation with the Cotati- Rohnert Park School District for the maintenance and management of park/school sites. Implementation of this mitigation measure would reduce Impact 3.8 -1 to a less than significant level under Impact Criterion #3. � ` .:, 3„0 Tra ficaid trcula on , 3.10 -1 #1 Adobe Road and Petaluma Hill Road Sonoma Count Widen the ( y)• Coordinate with Projects sponsor/City o � p y f Prior to issuance of DSD /PW northbound approach to provide one shared -left- through lane and one shared Sonoma County Rohnert Park/ grading permit through -right lane; widen the eastbound approach to provide one dedicated left - Transportation participating turn lane and one shared through -right lane; widen the westbound approach to Authority, Sonoma jurisdictions provide one shared left- through lane and one dedicated right -turn lane with County, and overlap signal. With these measures, the intersection of Adobe Road and participating Petaluma Hill Road would function within the acceptable County LOS A -D jurisdictions to range during the PM peak hour. However, as this intersection is not under the determine the jurisdiction of the City of Rohnert Park, the feasibility of these measures is appropriate fair -share unknown; therefore, the project impact remains significant and unavoidable. cost of improvements. The City of Rohnert Park shall work with the Sonoma County Transportation Authority, Sonoma County, and other jurisdictions as applicable to determine a fair -share portion of funds to alleviate congestion at this location. This fair -share allocation would be collected from the developers of the Southeast Area Specific Plan once all participatingjurisdictions have entered into the necessary agreement(s) related to the collection of these fair - share funds. Notes: PW = Public Works – Engineering & Transportation SWCA = Sonoma County, Water Agency BAAQMD = Bay Area Air Quality Management District DSD = Development Services Department SCDHS = Sonoma County Department of Health Services Rohnert Park Southeast Specific Plan EIR — Mitigation Monitoring and Reporting Program C:\Documents and Settings \jhaufftocal Settings \Temporary Internet Fi1es \Content.0ut1ook \GZ0XNI UQ\Revised MMRP 12 -10 per CC (2).doc DA = Development Agreement CDFG = California Department of Fish & Game !�3 Mitigation Monitoring and Reporting Program for the Southeast S ecific Plan EIR Implementing Monitoring Mitigation Measure Action Party Timing Part. #3 East Cotati Avenue and Old Redwood Highway ( Cotati). Re- stripe the Coordinate with Project sponsor /City of Prior to issuance of DSD /PW southbound approach to provide two left -turn lanes and one shared through -right Sonoma County Rohnert Park/ City of grading permit lane and convert the westbound through -right lane to a dedicated right -turn lane Transportation Cotati /participating with overlap signal. These measures would improve the operation at the East Authority, the City of jurisdictions Cotati Avenue and Old Redwood Highway intersection to achieve the City of Cotati, and Cotati's standard of LOS D or better. However, as this intersection is not under participating the jurisdiction of the City of Rohnert Park, the feasibility of these measures is jurisdictions:to unknown; therefore, the.project impact remains significant and unavoidable. determine the The City of Rohnert Park shall work with the Sonoma County Transportation appropriate fair -share Authority, the City of Cotati, and other jurisdictions as applicable to determine a cost of improvements. fair - share portion of funds to alleviate congestion at this location. This fair- share allocation would be collected from the developers of the Southeast Area Specific Plan once all participating jurisdictions have entered into the necessary agreement(s) related to the collection of these fair - share funds. #10 Railroad Avenue and Petaluma Hill Road (Sonoma County). This Coordinate with Project sponsor /City of Prior to issuance of DSD /PW intersection would meet the MUTCD peak hour signal warrant with and without Sonoma County Rohnert Park/ Sonoma grading permit the addition of project - generated traffic. Signalization would improve the Transportation County/ participating operations to within County standard of LOS D or better. Note that the Policy Authority, Sonoma jurisdictions CT -6w of the Planning Commission Recommended Draft of the Sonoma County, and County General Plan 2020 has identified potential realignment of the Railroad participating Avenue and Petaluma Hill Road intersection. Specific details of this jurisdictions to improvement are yet to be determined. Nonetheless, this intersection is not determine the under the jurisdiction of the City of Rohnert Park, the feasibility of these appropriate fair -share measures is unknown; therefore, the project impact remains significant and cost of improvements. unavoidable. The City of Rohnert Park shall work with the Sonoma County Transportation Authority, Sonoma County, and other jurisdictions as applicable to determine a fair -share portion of funds to alleviate congestion at this location. This fair -share allocation would be collected from the developers of the Southeast Area Specific Plan once all participating jurisdictions have entered into the necessary agreement(s) related to the collection of these fair -share funds. Notes: PW = Public Works – Engineering & Transportation SWCA = Sonoma County Water Agency BAAQMD = Bay Area Air Quality Management District DSD = Development Services Department SCDHS = Sonoma County Department of Health Services Rohnert Park Southeast Specific Plan E1R — Mitigation Monitoring and Reporting Program CADocuments and Settings\jhauff local Settings \Temporary Internet Fi1es \Content.0ut1ook \GZ0XNI UQ \Revised MMRP 12 -10 per CC (2).doc DA = Development Agreement CDFG = California Department of Fish &. Game 3: Mitigation Monitoring and Reporting Program for the Southeast S ecific Plan EIR Implementing Monitoring Mitigation Measure Action Party Timing Part #11 East Cotati Avenue and LaSalle Avenue (Cotati). The Cotati Avenue. Coordinate with Project sponsor /City of Prior to issuance of DSD /PW and LaSalle Avenue intersection would also meet MUTCD peak hour signal Sonoma County Rohnert Park/City of grading permit warrant with and without the addition of project - generated traffic. Signalization Transportation Cotati /participating would improve the intersection operation to meet City of Rohnert Park standard Authority, the City of jurisdictions of LOS C or better. However, as this intersection is not under the jurisdiction of Cotati, and the City of Rohnert Park, the feasibility of these measures is unknown; participating therefore, the project impact remains significant and unavoidable. The City of jurisdictions to Rohnert Park shall work with the Sonoma County Transportation Authority, the determine the City of Cotati, and other jurisdictions as applicable to determine a fair -share appropriate fair -share portion of funds to alleviate congestion at this location. This fair -share cost of improvements. allocation would be collected from the developers of the Southeast Area Specific Plan once all participating jurisdictions have entered into the necessary agreement(s) related to the collection of these fair -share funds. #13 Railroad Avenue and Old Redwood Highway (Sonoma County). With Coordinate with Project sponsor /City of Prior to issuance of DSD /PW the addition of project generated trips, the Railroad Avenue and Old Redwood Sonoma County Rohnert Park/ Sonoma grading permit Highway intersection would meet MUTCD peak hour signal warrant during the Transportation County/ participating PM peak hour. Signalization would improve the operations of the intersection Authority, Sonoma jurisdictions to within County standard of LOS D or better. However, as this intersection is County, and not under the jurisdiction of the City of Rohnert Park, the feasibility of these participating measures is unknown; therefore, the project impact remains significant and jurisdictions to unavoidable. The City of Rohnert Park shall work with the Sonoma County determine the Transportation Authority, Sonoma County, and other jurisdictions as applicable appropriate fair -share to determine a fair -share portion of funds to alleviate congestion at this location. cost of improvements. This fair -share allocation would be collected from the developers of the Southeast Area Specific Plan once all participating jurisdictions have entered into the necessary agreement(s) related to the collection of these fair -share funds. 3.10 -2 Bus pullouts with appropriate curbs and gutters for bus stops along Petaluma Construct bus pullouts Project sponsor During DSD /PW Hill Road or near the project site as well as adequate pedestrian access along Petaluma Hill construction paths /sidewalks to the bus stops from the project site should be constructed. Road or near the The project sponsor should be responsible for paying the cost of implementing project site and the above mitigation measure. With mitigation as indicated above, Impact 3.10- provide adequate 2 would be reduced to a less than significant level. pedestrian access to the bus stop. Notes: PW = Public Works – Engineering & Transportation SWCA = Sonoma County Water Agency. BAAQMD = Bay Area Air Quality Management District DSD = Development Services Department SCDHS = Sonoma County Department of Health Services Rohnert Park Southeast Specific Plan E/R — Mitigation Monitoring and Reporting Program CADocuments and Settings \jhauff\Local Settings \Temporary Internet Fi1es \Content.0ut1ook \GZ0XNI UQ \Revised MMRP 12 -10 per CC (2).doc DA = Development Agreement CDFG = California Department of Fish & Game C!!Id Mitigation Monitoring and Reporting Program for the Southeast Specific Plan EIR Implementing Monitoring Mitigation Measure Action Party Timing Part 3.10 -3 #1 Adobe Road and Petaluma Hill Road (Sonoma County). Implementation Implement Mitigation Project sponsor /City of Prior to issuance of DSD /PW of measures identified under Baseline Conditions would improve the operations Measure 3.10 -1. Rohnert Park/ Sonoma grading permit to within the acceptable County LOS A -D range. However, as this intersection County/ participating is not under the jurisdiction of the City of Rohnert Park, the feasibility of these jurisdictions measures is unknown; therefore, the project impact remains significant and unavoidable. The City of Rohnert Park shall work with the Sonoma County Transportation Authority, Sonoma County, and otherjurisdictions as applicable to determine a fair -share portion of funds to alleviate congestion at this location. This fair -share allocation would be collected from the developers of the Southeast Area Specific Plan once all participatingjurisdictions have entered into the necessary agreement(s) related to the collection of these fair -share funds. #3 East Cotati Avenue and Old Redwood Highway (Cotati). Implementation Implement Mitigation Project sponsor /City of Prior to issuance of DSD /PW of measures identified under Baseline Conditions would improve the operations Measure 3.10 -1. Rohnert Park/City of grading permit to achieve the City of Cotati's standard of LOS D or better. However, as this Cotati /participating intersection is not under the jurisdiction of the City of Rohnert Park, the ,jurisdictions feasibility of these measures is unknown; therefore, the project impact remains significant and unavoidable. The City of Rohnert Park shall work with the Sonoma County Transportation Authority, the City of Cotati, and other jurisdictions as applicable to determine a fair -share portion of funds to alleviate congestion at this location. This fair -share allocation would be collected from the developers of the Southeast Area Specific Plan once all participating jurisdictions have entered into the necessary•agreement(s) related to the collection of these fair -share funds. #4 East Cotati Avenue and Camino Colegio (Rohnert Park). The Pay fair share for Project sponsor Prior to issuance of DSD /PW intersection can be brought into acceptable range by converting the existing converting existing grading permit eastbound shared through -right to a dedicated right -turn lane and provide eastbound shared overlap signal. Upon implementation of this measure, the project impact would through -right to a be less than significant. The project sponsor should make a fair share dedicated right -turn contribution towards the implementation of this measure. lane and provide overlap signal at East Cotati Ave and Camino Cole io. Notes: PW = Public Works – Engineering & Transportation SWCA = Sonoma County Water Agency BAAQMD = Bay Area Air Quality Management District DSD = Development Services Department SCDHS = Sonoma County Department of Health Services. Rohnert Park Southeast Specific Plan EIR — Mitigation Monitoring and Reporting Program CADocuments and Settings \jhaufflLocal Settings \Temporary lntemet Fifes\ Content .Outlook \GZOXNl UQ\Revised MMItP 12 -10 per CC (2).doc DA = Development Agreement CDFG = California Department of Fish & Game 4 -11 Mitigation Monitoring and Reporting Program for the Southeast S ecific Plan EIR Implementing Monitoring Mitigation Measure Action Party Timing Part 910 Railroad Avenue and Petaluma Hill Road (Sonoma County). Signalize Implement Mitigation Project sponsor /City of Prior to issuance of DSD /PW the intersection and widen Petaluma Hill Road to provide one left -turn lane, one Measure 3.10 -1. Rohnert Park/ Sonoma grading permit through lane, and one shared through -right lane on both the northbound and County/ participating southbound approaches. These measures would improve the operations to meet jurisdictions County standard of LOS D or better. Note that the Policy CT -6w of the Planning Commission Recommended Draft of the Sonoma County General Plan 2020 has identified potential realignment of the Railroad Avenue and Petaluma. Hill Road intersection. Specific details of this improvement are yet to be determined. Nonetheless, this intersection is not under the jurisdiction of the City of Rohnert Park, the feasibility of these measures is unknown; therefore, the project impact remains significant and unavoidable. The City of Rohnert Park shall work with the Sonoma County Transportation Authority, Sonoma County, and other jurisdictions as applicable to determine a fair -share portion of funds to alleviate congestion at this location. This fair -share allocation would be collected from the developers of the Southeast Area Specific Plan once all participatingjurisdictions have entered into the necessary agreements) related to the collection of these fair -share funds. #11 East Cotati Avenue and LaSalle Avenue ( Cotati). Implementation of Implement Mitigation Project sponsor /City of Prior to issuance of DSD /PW measures identified under Baseline Conditions by signalizing the intersection Measure 3.10 -1. Rohnert Park/City of grading permit would improve the operations to achieve the City of Rohnert Park's standard of Cotati /participating LOS C or better. However, as this intersection is not under the jurisdiction of jurisdictions the City of Rohnert Park, the feasibility of these measures is unknown; therefore, the project impact remains significant and unavoidable. The City of Rohnert Park shall work with the Sonoma County Transportation Authority, the City of Cotati, and other jurisdictions as applicable to determine a fair -share portion of funds to alleviate congestion at this location. This fair -share allocation would be collected from the developers of the Southeast Area Specific Plan once all participatingjurisdictions have entered into the necessary agreement(s) related to the collection of these fair -share funds. '' 3 11:UtiYtties , There;are no s ntfrcal►t amets related'to Ut>1>ties Notes: PW = Public Works – Engineering & Transportation SWCA = Sonoma County Water Agency BAAQMD = Bay Area Air Quality Management District DSD = Development Services Department SCDHS = Sonoma County Department of Health Services Rohnert Park Southeast Specific Plan EIR — Mitigation Monitoring and Reporting Program CADocuments and Settings \jhaufflLocal Settings \Temporary Internet Files\ Content .Outlook \GZOXNIUQ\Revised MMIWP 12 -10 per CC (2).doc DA = Development Agreement CDFG = California Department of Fish & Game 4 -12 Mitigation Monitoring and Reporting Program for the Southeast Specific Plan EIR Implementing Monitoring Mitigation Measure Action Party Timing Pa rty =3 �2,G><mate,han e 3.12 -1 The project applicant shall coordinate with the appropriate lead agency to ensure Coordinate with the Project sponsor Prior to issuance of DSD /PW adequate fair share payment for the installation of LED traffic lights at required affected agencies grading permit intersections within the proposed project boundaries, or required as a result of regarding payment for development of the proposed project. Also, the project applicant shall . LED traffic lights and coordinate with the local transportation agencies, including Sonoma County improved access to Transit Agency and the Sonoma -Marin Area Rail Transit (SMART) District, to public transportation. improve access to public transportation to the Specific Plan area. All park trails shall be lighted and shall meet the following standard: 0.02 foot Submit park lighting Project sponsor To be submitted DSD /PW candles average and 10 to I average to minimum ratio. Applicant shall also plan to City Engineer with the park install lighting at the basketball court. All park lights shall be LED technology. improvement plans If City adopts LED street lighting standards, the street lights constructed with this project will comply with the LED standard. The specific type of lighting used and the use of coin operated lighting at the basketball courts shall be determined at the discretion of the City Manager. Notes: PW = Public Works – Engineering & Transportation SWCA = Sonoma County Water Agency BAAQMD = Bay Area Air Quality Management District DSD = Development Services Department SCDHS = Sonoma County Department of Health Services Rohnert Park Southeast Specific Plan EIR —Mitigation Monitoring and Reporting Program CADocuments and Settings \jhauff\Local Settings \Temporary Intemet Files\ Content .outlook \GZOXNIUQ\Revised NUARP 12 -10 per CC (2).doc DA = Development Agreement CDFG = California Department of Fish & Game 4 -13