2008/06/10 City Council Resolution 2008-86RESOLUTION NO. 2008-86
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT
PARK, CALIFORNIA, CERTIFYING THE FINAL ENVIRONMENTAL
IMPACT REPORT THAT WAS PREPARED FOR THE STADIUM AREA
MASTER PLAN AND ADOPTING A STATEMENT OF OVERRIDING
CONSIDERATIONS; LOCATED AT 5900 LABATH AVENUE, APN's 143 -040-
116 AND -117 (part); FILE NO. PL2004- 063EIR
WHEREAS, on November 12, 2004, the Redwood Equities, LLC (Applicant)
submitted an application to the City of Rohnert Park for a 29.8 acre Stadium Area Master
Plan "P -D" — Final Development Plan which is located generally north of Hinebaugh
Creek, south of Business Park Drive, east of Labath Avenue and west of Redwood Drive
that would allow for future development of up to 140,000 square feet of regional
commercial use, up to 338 high density residential uses and a small 0.5 acre park;
WHEREAS, the City retained Parsons, a well - qualified environmental consulting
firm, to prepare an environmental impact report (EIR) for the proposed 29.8 acre Stadium
Area Master Plan and due to some changes in staffing the completion of the EIR was
subsequently assigned to the consulting firm of Hauge and Brueck Associates under the
direction of Parsons;
WHEREAS, the City of Rohnert Park (City), acting as the Lead Agency under
the California Environmental Quality Act (CEQA), published a Notice of Preparation
(NOP) of a Draft EIR for the proposed Stadium Area Master Plan on June 8, 2005. The
NOP was distributed for a 30 -day comment period that ended on July 11, 2005. The City
held an agency and public scoping meeting on the proposed Project on June 23, 2005 and
initiated work on a Draft EIR for the proposed Project;
WHEREAS, the. City completed the Draft EIR on June 29, 2007 and circulated it
to affected public agencies and interested members of the public for the required 45 day
public comment period from June 29, 2007 to August 14, 2007;
WHEREAS, the City of Rohnert Park (Planning Commission) duly noticed and
conducted a public hearing on August 9, 2007 in order to receive comments on the Draft
EIR;
WHEREAS, on October 12, 2007, the City published the Final EIR for the
Project by incorporating the: 1) Draft EIR; 2) Draft EIR comments received and
responses to those comments; 3) changes, clarifications and corrections to the Draft EIR;
and 4) appendices;
WHEREAS, Section 21000 et. seq. of the Public Resources Code and sections
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,
has been fully implemented in the preparation of the EIR.
Resolution for Certification of FOR
Page 1 of 13
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 has independently reviewed, analyzed and considered the Final
EIR and all written documentation, and. public comments prior to making a determination
on the proposed Project; and
2. The Final EIR was prepared and completed in compliance with the
provisions of CEQA, the State CEQA Guidelines, and the City's local CEQA procedures;
and
3. 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
4. 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 City Councils' decision is based
are located at the City of Rohnert Park, Planning Department, 6750 Commerce
Boulevard, Rohnert Park, CA 94928. The custodian of records is the City's Director of
Community Development.
BE IT FURTHER RESOLVED that on the basis of the evidence contained in
the administrative record of the Final EIR, the City Council finds that the information
submitted following the conclusion of the public comment . period on the Draft EIR,
contains no significant new .information concerning the environmental effects, feasible
mitigation measure, or feasible project alternatives for.the Stadium Area .Master Plan and
therefore recirculation of the EIR for additional public comment is not required;
BE IT FURTHER RESOLVED after considering the EIR and in conjunction
with making these findings, the City Council find that pursuant to Section 15092 of the
CEQA Guidelines that the Stadium Area Master Plan will result in significant effects on
the environment;
BE IT FURTHER RESOLVED that many of the significant effects may be
eliminated or substantially lessened; however, the remaining significant effects would be
unavoidable under Section 1.5091 and acceptable under Section 15093;
BE IT FURTHER RESOLVED that the Stadium Area Master Plan may not be
approved except with a Findings of Fact and Statement of Overriding Considerations as
required under Section 15091 of the CEQA Guidelines for significant effects of the
Project as contained in the attached Exhibit A; and
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BE IT FURTHER RESOLVED that the Stadium Area Master Plan EIR contains
required mitigation and a mitigation monitoring reporting plan is adopted by reference as
Exhibit B; and
BE IT FURTHER RESOLVED that the City Council of the City of Rohnert Park
does determine that the Stadium Area Master Plan is consistent with the City's General
Plan as described in Exhibit C; and
BE IT FURTHER RESOLVED that the City Council of the City of Rohnert
Park hereby certifies the Final EIR and if and when the Stadium Area Master Plan is
approved, recommends the direct filing of a Notice of Determination with the County
Clerk;
DULYAND REGULARLY ADOPTED this 10`h day of June, 2008.
CITV OF ROUNRWNPARK —
BREEZE: AYE SMITH: AYE STAFFORD: AYE VIDAK- MARTINEZ: AYE MACKENZIE: AYE
AYES: (5) NOES: (0) ABSENT: (0) _ ABSTAIN: (0)
Resolution for Certification of FEIR
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EXHIBIT A
CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS
RELATED TO THE STADIUM AREA MASTER PLAN PROJECT
A. INTRODUCTION
1. These CEQA findings are adopted for the Stadium Area Master
Plan Project described below. For ease of reference, the agency adopting these findings
is referred to as the "City." These findings pertain to the Environmental Impact Report
prepared for that project, SCH #2005042111 ( "EIR ").
2. These CEQA findings are attached as Exhibit A and incorporated
by reference into the resolution certifying the EIR for the Project and adopting General
Plan consistency findings. That resolution also includes an Exhibit B, which contains
the Mitigation Monitoring and Reporting Program ( "MMRP "), and which references
impacts, mitigation measures, levels of significance before mitigation and resulting levels
of significance after mitigation. Also attached is an Exhibit C that contains findings
regarding General Plan consistency. All Exhibits are incorporated by reference into each
other, and into the resolution to which they are attached.
3. These findings are based upon the entire record, described below,
and some findings are based on specific references, as noted below. References to
specific reports and specific pages of documents are not intended to identify those
sources as the exclusive basis for the finding.
B. THE PROJECT
4. "Project" as used in these findings refers to the Stadium Area
Master Plan. The Project is proposed to guide the development of a 29.8 acre
commercial and residential area located generally east of Labath Avenue, west of
Redwood Drive, north of Hinebaugh Creek, and finally south of Business Park Drive.
The Project is comprised of up to 338 residential units, and up to 140,000 square feet of
commercial building area; and a minimum of %2 acre park..
C. ENVIRONMENTAL REVIEW OF THE PROJECT
5. Pursuant to CEQA and the CEQA Guidelines (collectively .
"CEQA "), the City determined that an EIR would be prepared. The City issued a Notice
of Preparation, which was circulated to responsible agencies and interested groups and
individuals for review and comment. A copy of the Notice of Preparation and comments
thereon are included in the appendices to the Draft EIR.
6. A Draft EIR was prepared for the project described in the Notice of
Preparation and Draft EIR to analyze its environmental effects. The DEIR was circulated
for public review and comment from July 1, 2007 through August 14, 2007. The
Planning Commission held public hearings on the DEIR and received oral comments on
August 9, 2007.
Resolution for Certification of FEIR
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D. THE RECORD
7. 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 or the City
Council relating.to the EIR, the proposed approvals for the Project,
the Project or its alternatives.
c. All information (including written evidence and testimony)
presented to the Planning Commission or the City Council by the
environmental consultant and sub consultants who prepared the
EIR, and all information incorporated into reports presented to any
of those bodies.
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 hearing presentations given
by any of the project sponsors or their consultants to the City in
connection with the Project.
f. All information (including written evidence and testimony)
presented to the City regarding the Project or the EIR, before the
close of the last public hearing related to the Project.
g. For documentary and information purposes, all locally- adopted
land use plans and ordinances, including, without limitation,
general plans, specific plans, redevelopment plans and ordinances,
together with environmental review documents, findings,
mitigation monitoring programs and other documentation relevant
to planned growth in the area.
h. All other documents comprising the record pursuant to Public
Resources Code section 21167.6(e).
8. The City concludes that all the evidence supporting these findings
was presented in a timely fashion, and early enough to allow adequate consideration by
the City. The custodian of the documents and other materials that constitute the record of
proceedings on which the City's decision is based is Ron Bendorff, Director of
Community Development, Planning Department, or designee. Such documents and other
materials are located at Planning Department, City of Rohnert Park, 6750 Commerce
Boulevard, Rohnert Park, California 94928.
Resolution for Certification of FEIR
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9. These findings are based upon substantial evidence in the entire
record before the City. The reference to certain pages or sections of documents set forth
in these findings are for ease of reference and are not intended to provide an exhaustive
list of the evidence relied upon for these findings.
E. CERTIFICATION OF THE EIR
10. In accordance with CEQA, the City certifies that the EIR has been
completed in compliance with CEQA, that the EIR was presented to the decision making
body and that the decision making body reviewed and considered the information
contained in the EIR prior to approving any aspect of the Project._ Preparation of the EIR
has been overseen. by The Director of Community Development, and the conclusions and
recommendations in the document represent the independent conclusions and
recommendations of the City. The EIR and these findings represent the independent
judgment and analysis of the City. By these findings, the City confirms, ratifies and
adopts the findings and conclusions of the EIR, as supplemented and modified by these
findings.
11. The City recognizes that the EIR contains clerical errors. The City
has reviewed the entirety of the EIR and bases its determinations ,on the substance of the
information it contains.
12. The Council has reviewed and considered. all comments and
presentations regarding the adequacy of the EIR.
13. The City certifies that the EIR is adequate to support the approval
of the Project, each alternative in the EIR, and variations within the range of alternatives
in the EIR. The EIR is adequate for the General Plan Amendment, .Rezoning ( "P -D"
Stadium Area Final Development Plan dated February 6, 2008), and all responsible
agency approvals referenced in the EIR. The EIR is adequate for each entitlement or
approval (including those from responsible agencies) required for all aspects of
construction and operation of the Stadium Area Master Plan Project, and the EIR
comprises a project -level EIR for all those entitlements and approvals.
F. ABSENCE OF SIGNIFICANT NEW INFORMATION
14. The City recognizes that the EIR incorporates information obtained
and produced after the Draft EIR was circulated, and after the Additional Information
was recirculated, and that it contains additions, clarifications, and modifications. The
City has reviewed and considered the entire EIR and all of this information. The EIR
does not include significant new information that would require additional recirculation
under CEQA. The new information added to the Draft EIR and to the Additional
Analysis does not involve a new significant environmental impact, a substantial increase
in the severity of an environmental impact, or a feasible project alternative or mitigation
measure considerably different from others previously analyzed that the project sponsor
declines to adopt and that would clearly lessen the significant environmental impacts of
Resolution for Certification of FEIR
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the Project. No information indicates that the Draft EIR or the Additional Analysis was
inadequate or conclusory.
15. Accordingly, information added to the Draft EIR and the
Additional Analysis reveals that none of the following are present: (1) a significant new
environmental impact that would result from the Project or an adopted mitigation
measure; (2) a substantial increase in the severity of an environmental impact; (3) a
feasible project alternative or mitigation measure not adopted that is considerably
different from others analyzed in the Draft EIR and Additional Analysis that would
clearly lessen the significant environmental impacts of the Project; or (4) information that
indicates that the public was deprived of a meaningful opportunity to review and
comment on the Draft EIR or Additional Analysis. The City finds that the additions,
changes and modifications made to the EIR do not collectively or individually constitute
significant new information within the meaning of Public Resources Code section
21092.1 or CEQA Guidelines section 15088.5.
G. MITIGATION MEASURES, CONDITIONS OF APPROVAL AND
MMRP
16. Public Resources Code section 21081.6 and CEQA Guidelines
section 15097 require the City to adopt a monitoring or reporting program to ensure that
the mitigation measures and revisions to the Project identified in the EIR are
implemented. The Mitigation Monitoring and Reporting Program ( "MMRP ") is included
in Exhibit B, and is adopted by the City. The MMRP satisfies CEQA's requirements.
17. The mitigation measures recommended by the EIR and reflected in
the conditions of approval are specific and enforceable. As appropriate, some mitigation
measures define performance standards to ensure no significant environmental impacts.
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.
18. The mitigation measures set forth in Exhibit B are derived from the
mitigation measures set forth in the EIR.
19. The City adopts and imposes the mitigation measures
recommended in the EIR, as modified, as enforceable conditions of the Project, except to
the extent and as noted below. In the event a feasible mitigation measure, which the EIR
concludes would mitigate a potentially significant impact, has been inadvertently omitted
from the conditions of approval or the MMRP, that mitigation measure is'adopted and
incorporated from the EIR into the MMRP by reference and adopted as a condition of
approval. These mitigation measures comprise the measures to reduce potentially
significant impacts whenever it is feasible to do so. Whenever it is feasibly to do so,
potentially significant impacts have been reduced to a level less than significant. Where
mitigation measures have been imposed, but they do not reduce the impact to a level less
than significant, it is because it is not feasible to reduce.impacts further. The City has
Resolution for Certification of FEIR
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substantially lessened or eliminated all significant environmental effects where feasible.
The mitigation measures incorporated into and imposed upon the Project will not have
new significant environmental impacts that were not analyzed in the Draft EIR or
Additional Analysis.
20. The City determines that all mitigation measures the EIR
concludes would mitigate potentially significant impacts are feasible, for the reasons
stated in the EIR and in. materials presented by staff and by the applicants, with the
exceptions set forth the remaining paragraphs.
21. The City has determined that upon completion of the realignment
of the fire bays of the main fire facility located on City Center Drive, Mitigation Measure
number 14 -1a which requires the construction of a new Department of Public Safety
Station will not be needed in order to meet the level of standard for service response
times. However as part of the Stadium Area Master Plan dated February 6, 2008, the
applicant will dedicate 3 acres of land outside of the Stadium Area Master Plan boundary
for future use by the Westside Public Safety. Station.
22. Upon determining that any particular condition of approval has
become infeasible, the Director of Community Development may permit substitution of
equivalent measures that achieve the same level of environmental .protection as the listed
measure, as determined by staff or consultants with expertise in the relevant area.
H. FINDINGS REGARDING IMPACTS
23. In accordance with Public Resources Code section.21081 and
CEQA Guidelines sections 15091 and 15092, the City adopts the findings and
conclusions regarding impacts and mitigation measures that are set forth in the EIR, and
summarized in Exhibit B. These findings do not repeat the full discussions of
environmental impacts contained.in the EIR: The City ratifies, adopts.and incorporates
the analysis, explanation, findings, responses to comments and conclusions of the EIR.
The City adopts the reasoning of the EIR, of staff reports, and of staff and the
presentations provided by the project sponsors.
24. Under Public Resources Code section 21081(a)(2) and CEQA
Guidelines section 15091(a)(2) and 15092(b)(2)(A), the City 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 City also recognizes that some cumulative impacts will be
feasibly mitigated when other agencies build the relevant improvements, which also
required action by these other agencies. For each mitigation measure that requires the
cooperation or action of another agency, the City 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. If the other agency fails to implement these
Resolution for Certification of FEIR
Page 8 of 13
measures, then the impacts remain significant and unavoidable, and are overridden as
noted below.
25. Under Public Resources Code section 21081(a)(3) and (b), and
CEQA Guidelines sections 15091(a)(3), 15092(b)(2)(B) and 15093, the City determines
that the remaining significant effects on the environment, as reflected in the EIR and in
Exhibit B, are unavoidable and are acceptable due to the overriding considerations
described below.
I. FINDINGS REGARDING ALTERNATIVES
26. The City finds that specific economic, social, environmental,
technological, legal or other considerations make infeasible the alternatives to the Project
as discussed in the EIR, and justify approval of the Project despite remaining. impacts, as
more fully discussed in the Statement of Overriding Considerations.
27. The EIR evaluated a reasonable range of alternatives to the original
project that was described in the Draft EIR. These alternatives include (1) a No Project
Alternative; and (2) an All Commercial Project. The analysis examined the feasibility of
each alternative, the environmental impacts of each alternative, and the ability of each
alternative to meet the project objectives.
.28. The City certifies that it has independently reviewed and
considered the information on alternatives provided in the EIR and in the record. The
EIR reflects the.City's independent judgment as to alternatives. The City finds that the
Project provides the best balance between satisfaction of the project objectives and
mitigation of environmental impacts to the extent feasible, as described and analyzed in
the EIR. The City's goal in pursuing.the Project, and the Project objectives, are to
implement its General Plan policies and goals to provide for land uses that offer regional
commercial development together with residential densities which could accommodate
work force housing. The alternatives do not achieve these goals.
29. The project as proposed in the Draft EIR and all the remaining
alternatives are rejected as infeasible, for the reasons stated in the EIR and for the
following reasons.
30. All Commercial Project Alternative. This alternative proposes up
to 302,000 square feet .of shopping center uses. It was included in the EIR as comparison
to the Project. This alternative is not environmentally superior to. the Project and
similarly does not meet the Project objectives, as it does not implement General Plan
goals and policies, and is therefore infeasible. This alternative would also have a larger
impact on vehicle miles traveled and resulting air quality.
31. No Project Alternative. This project involves continuation of
existing property uses. The No Project Alternative is rejected as infeasible because it
would not meet the objectives of the project, does not provide housing opportunities and
the designation of public institutional, which is obsolete, would not be amended.
Resolution for Certification of FEIR
Page 9 of 13
32. The City also notes that the determination whether a proposal is
feasible involves consideration of whether it is capable of being accomplished in a
successful manner within a reasonable period of time, taking into account economic,
environmental, legal, social and technological factors. These factors involve a weighing
and balancing of social, economic, technical, General Plan and project goals and
objectives, which in turn involve a balancing of policy - related issues. The City finds that
the combination of benefits and impacts presented by the Project, as conditioned and
mitigated, comprises a feasible, economic and rational method of achieving General Plan
goals and policies.
33. The City also bases its determinations regarding alternatives on
Public Resources Code section 21085 and CEQA Guidelines section 15092(c). These
sections preclude a public agency from reducing the proposed number of housing units as
a mitigation measure or project alternative for a particular significant effect on the
environment if the agency determines that there is another feasible specific mitigation
measure or project alternative that would provide a comparable level of mitigation.
J. STATEMENT OF OVERRIDING CONSIDERATIONS
34. The Project promotes General Plan goals and policies. Specifically,
the Project is located within the existing boundaries of the City thereby reducing sprawl.
Furthermore, the extension of Dowdell Avenue will complete access between Martin
Avenue and Business Park Drive. As part of the Dowdell Avenue extension roadways
will include class II bike lanes to encourage the use of alternative modes of
transportation. In addition to improving circulation, the proposed residential land uses
will be located within convenient access to Sonoma County and Golden Gate transit
routes. The Council adopts the conclusions and analysis presented in those documents.
The Project meets General Plan objectives and goals of keeping a small, town feel,
providing for a slow; managed and predictable growth, providing an extensive range of
housing types, increasing the open space ratios in. the city; constructing infrastructure in
anticipation of development, and providing a pedestrian- friendly environment. The
Project will provide much - needed work force housing on the west side of US 101 with
convenient access to public transit and existing major arterials, promoting smart growth
principles.
35. The Project will promote residential housing that would
accommodate the work force sector of the economic community and will help the City
provide more affordable housing opportunities than are required by the City's
inclusionary ordinance.
36. The Project will complete pedestrian linkages with wide sidewalks,
bicycle lanes and improved intersections and streets to assure traffic flows are efficient.
37. The water conservation measures proposed with the Project
includes will help implement statewide and regional water use goals, as reflected in the
California Water Plan 2005 Update (DWR Bulletin 160 -05). The Water Plan directs
water managers such as the City to increase recycled municipal water and expand its
Resolution for Certification of FEIR
Page 10 of 13.
uses, to increase levels of urban water use efficiency, and to reoperate water facilities to
improve their operation and efficiency. The project further promotes California Water
Plan goals to adopt and implement regional water planning efforts: the use of recycled
water is part of an ongoing regional effort, led by the Santa Rosa Board of Public
Utilities, to achieve greater use and availability of recycled water; and the project's
implementation of water - conserving measures helps the City implement the policies of
the Sonoma County Water Agency. The Project implements and complies with the water
supply policies and goals, made explicit in the General Plan as a result of a stipulated
judgment entered in a lawsuit filed to challenge the General Plan, which were upheld in
an appellate decision in 108 Holdings v. City of Rohnert Park.
Resolution for Certification of FEIR
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STADIUM AREA MASTER PLAN EIR
- MITIGATION AND MONITORING REPORTING PROGRAM
E xhibit B
Mitigation and
Monitoring
Reporting Program
OCTOBER 2007 CITY OF ROHNERT PARK . PAGE 1
STADIUM AREA MASTER PLAN EIR
- MITIGATION AND MONITORING REPORTING PROGRAM
CEQA Guidelines Section 15097 requires the adoption of a program by a public agency for
monitoring or reporting on the project revisions or measures it has imposed to mitigate or avoid
significant impacts of a project.
Each mitigation measure is described in the following format:
Description
The description of the mitigation measure.
Lead Agency
The public agency or individual which has the
responsibility for insuring that the measure is
implemented.
Implementing Entity
The entity or individual with the responsibility for
implementing or performing the measure.
Monitoring Agency
The public agency that has the responsibility for
monitoring the measure to insure the measure is effective
in mitigating the identified impact.
Timing
The point in time at which the mitigation measure is to be
started and completed.
Status
The status of the implementation of the measure through
the most recent reporting year.
E.1 COMPLIANCE WITH EXISTING PROGRAMS (REGULATORY
COMPLIANCE)
Applicable Federal, State, Regional, and County codes and regulations shall be complied with,
including but not limited to:
• Federal Government
• National Historic Preservation Act (Section 106 compliance)
• Clean Water Act, Section 404
• State of California
• California Environmental Protection Agency
• Department of Water Resources
• City of Rohnert Park
• Rohnert Park General Plan
• Rohnert Park Zoning Ordinance
• Uniform Building Code.
E.2 COMPLIANCE WITH PROJECT COMMITMENTS
The following commitments were made in the Project Description and are considered mitigation .
that is incorporated in the Project. These commitments are provided as a reference for future
actions that will be implemented in compliance with the Stadium Area Master Plan.
OCTOBER 2007 CITY OF ROHNERT PARK PAGE 2
STADIUM AREA MASTER PLAN EIR
MITIGATION AND MONITORING REPORTING PROGRAM
• Development of at least 0.5 acres for recreational use.
• Dedication of Public Facilities site.
• Extension of Dowdell Avenue connecting Business Park Drive to Martin Avenue.
• Extension of Carlson Avenue from Dowdell Avenue to Labath Avenue.
• Develop Carlson Avenue as a two -lane road.
• Extension of Martin Avenue approximately 100 feet west from Dowdell Avenue.
• Development of a Class I bike path on the north side of Hinebaugh Creek from. Labath
Avenue to the eastern property boundry of Parcel D.
• Development of a Class II bike path as part of the reconstruction of Labath Avenue from
Hinebaugh Creek to Carlson Avenue and as part of the Dowdell Avenue extension and
improvements.
E.3 EIR MITIGATION MEASURES
Measure 4 -la
Description
Design Review in compliance with the City of Rohnert Park General
Plan, Zoning, and Design Guidelines
Lead Agency
City of Rohnert Park
Implementing Agency
City of Rohnert Park
Monitoring Agency
City of Rohnert Park
Timing
Applied at the time a building permit application is submitted and
completed prior to issuance of the building permit.
Status
No activity
OCTOBER 2007 CITY OF ROHNERT PARK
PAGE 3
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4.
STADIUM AREA MASTER PLAN EIR
MITIGATION AND MONITORING REPORTING PROGRAM
Measure 4 -1b
Description
Interface Design Review
Lead Agency
City of Rohnert Park
Implementing Agency
City of Rohnert Park
Monitoring Agency
City of Rohnert Park
Timing
Applied at the time a building permit application is submitted and
completed prior to issuance of the building permit.
Status
No activity
Measure 5 -2a
Description
Implement measures to reduce dust generation and diesel exhaust during
construction periods.
Lead Agency
City of Rohnert Park
Implementing Agency
City of Rohnert Park
Monitoring Agency
City of Rohnert Park
Timing
Applied at the time a building permit application is. submitted and
completed with the issuance of the certificate of occupancy.
Status
No activity
Measure 5 -5a
Description
Implement Additional Measures to Reduce Air Pollutant Emissions
from the Master Plan Projects.
Lead Agency
City of Rohnert Park
Implementing Agency
City of Rohnert Park
Monitoring Agency
City of Rohnert Park
Timing
Applied at the time a building permit application is submitted and
continues with the operation of the facilities.
Status
No activity
OCTOBER 2007 CITY OF ROHNERT PARK PAGE 4
STADIUM AREA MASTER PLAN EIR
MITIGATION AND MONITORING REPORTING PROGRAM
Measure 7 -1a
Description
Implement construction monitoring protocols for cultural resources.
Lead Agency
City of Rohnert Park
Implementing Agency
City of Rohnert Park and Contractor
Monitoring Agency
City of Rohnert Park
Timing
Applied at the time a building permit application is submitted and
completed with the issuance of the certificate of occupancy.
Status
No activity
Measure 7 -1b
Description
Implement construction monitoring protocols for human remains.
Lead Agency
City of Rohnert Park
Implementing Agency
City of Rohnert Park and Contractor
Monitoring Agency
City of Rohnert Park
Timing
Applied at the time a building permit application is submitted and
completed with the issuance of the certificate of occupancy.
Status
No activity
Measure 7 -3a
Description
Implement protection actions for palentological resources.
Lead Agency
City of Rohnert Park
Implementing Agency
City of Rohnert Park and Contractor
Monitoring Agency
City of Rohnert Park
Timing
Applied at the: time a building permit application is submitted and
completed with the issuance of the certificate of occupancy.
Status
No activity
OCTOBER 2007 CITY OF ROHNERT PARK PAGE 5
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STADIUM AREA MASTER PLAN EIR
- MITIGATION AND MONITORING REPORTING PROGRAM
Measure 8 -2a
Description
Comply with state building code seismic requirements.
Lead Agency
City of Rohnert Park
Implementing Agency
City of Rohnert Park
Monitoring Agency
City of Rohnert Park
Timing
Applied at the time a building permit application is submitted and
completed with the issuance of the certificate of occupancy.
Status
No activity
Measure 8 -3a
Description
Require new construction to utilize site preparation, grading, and
foundation designs in accordance with site - specific soil conditions.
Lead Agency
City of Rohnert Park
Implementing Agency
City of Rohnert Park
Monitoring Agency
City of Rohnert Park
Timing
Applied at the time a building permit application is submitted and
completed with the issuance of the certificate of occupancy.
Status
No activity
Measure 9 -la
Description
Implement City of Rohnert Park Department of Public Safety Guidelines
for Storage and Handling of Hazardous Materials
Lead Agency
City of Rohnert Park
Implementing Agency
City of Rohnert Park, owners and operators
Monitoring Agency
City of Rohnert Park
Timing
Ongoing requirement
Status
Ongoing
:OCTOBER 2007 CITY OF ROHNERT PARK PAGE 6
STADIUhl' =A MASTER PLAN EIR
MITIGATION AND MONITORh REPORTING PROGRAM
Measure 9 -1b
Description
Immediately Contain Spills, Excavate Spill- Contaminated Soil, and
Dispose of Soils Properly
Lead Agency
City of Rohnert Park
Implementing Agency
City of Rohnert Park, owners, and operators
Monitoring Agency
City of Rohnert Park
Timing
Ongoing requirement
Status
Ongoing
Measure 9 -1c
Description
Develop and Implement Plans to Reduce Exposure of People and the
Environment to Hazardous Conditions during. Construction Activities.
Lead .Agency
City of Rohnert Park
Implementing Agency
City of Rohnert Park and contractors
Monitoring Agency
City of Rohnert Park
Timing
Applied at the time a building permit application is submitted and
completed with the issuance of the certificate of occupancy.
Status
No activity
Measure 9 -1d
Description
Test Soils at the Commercial Site to Reduce Exposure of
People and the Environment to Hazardous Conditions.
Lead Agency
City of Rohnert Park
Implementing Agency
City of Rohnert Park
Monitoring Agency
City of Rohnert Park
Timin2
Prior to Building Permit Issuance
Status
No activity
OCTOBER 2007 CITY OF ROHHERT PARK PAGE 7
IF
STADIUP, A MASTER PLAN EIR
MITIGATION AND MONITORING REPORTING PROGRAM
Measure 9-2a
Description
Identify and manage hazardous materials in structures to be impacted.
Lead Agency
City of Rohnert Park
Implementing Agency
City of Rohnert Park
Monitoring Agency
City of Rohnert Park
Timing
Ongoing requirement
Status
No activity
Measure 9 -6a
Description
Clear materials that could serve as fire fuel from areas slated for
construction activities.
Lead Agency
City of Rohnert Park
Implementing Agency
City of Rohnert Park
Monitoring Agency
City of Rohnert Park
Timing
Applied at the time a building permit application is submitted and
completed with the issuance of the certificate of occupancy.
Status
No activity
Measure 9 -6b
Description
Require spark - generating construction equipment be equipped with
manufacturer's recommended spark arresters.
Lead Agency
City of Rohnert Park
Implementing Agency
City of Rohnert Park
Monitoring Agency
City of Rohnert Park
Timing
Applied at the time a building permit application is submitted and
completed with the issuance of the certificate of occupancy.
Status
No activity
OCTOBER 2007 CITY OF ROHNERT PARK
PAGE 8
STADIUM AREA MASTER PLAN EIR
- MITIGATION AND MONITORING REPORTING PROGRAM
Measure 10 -3a
Description
Implement Regulatory Permit Requirements, including a Stormwater
Lead Agency
Pollution Prevention Plan and Erosion and Sediment Transport Control
Implementing Agency
Plan.
Lead Agency
City of Rohnert Park
Implementing Agency
City of Rohnert Park
Monitoring Agency
City of Rohnert Park
Timing
Applied at the time a grading permit or building permit application is
submitted and completed with the issuance of the certificate of
occupancy.
Status
No activity
Measure 11 -1a
Description
Amend the General Plan and Rezone Property.
Lead Agency
City of Rohnert Park
Implementing Agency
City of Rohnert Park
Monitoring Agency
City of Rohnert Park
Timing
Considered by the City for action after certification of the EIR
Status
In process
Measure 11 -4a
Description
Incorporate General Plan Policies and design guidelines to ensure
compatibility with, and transitions between, surrounding land uses.
Lead Agency
City of Rohnert Park
Implementing Agency
City of Rohnert Park
Monitoring Agency
City of Rohnert Park
Timing
Applied at the time a building permit application is submitted and
completed with the issuance of the certificate of occupancy.
Status
No activity
OCTOBER 2007 CITY OF ROHNERT PARK PAGE 9
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STADIUM AREA MASTER PLAN EIR
-' - MITIGATION AND MONITORING REPORTING PROGRAM
Measure 12 -1a
Description
Construct noise barriers along with proper site design and /or incorporate
noise barriers to reduce noise levels at outdoor use areas.
Lead Agency
City of Rohnert Park
Implementing Agency
City of Rohnert Park
Monitoring Agency
City of Rohnert Park
Timing
Applied at the time a building permit application is submitted and
completed with the issuance of the certificate of occupancy.
Status
No activity
Measure 12 -3a
Description
Implement standard construction noise control measures.
Lead Agency
City of Rohnert Park
Implementing Agency
City of Rohnert Park and contractor
Monitoring Agency
City of Rohnert Park
Timing
Applied at the time a grading permit or building permit application is
submitted and completed with the issuance of _the certificate of
occupancy.
Status
No activity
OCTOBER 2007 CITY OF ROHNERT. PARK PAGE 10
Measure 12 -4a
Measit
STADIUM AREA MASTER PLAN EIR
- MITIGATION AND MONITORING REPORTING PROGRAM
Description
Construct noise barriers in future development projects, including proper
site design and /or noise barriers to reduce noise levels at outdoor use
areas.
Lead Agency
City of Rohnert Park
Implementing Agency
City of Rohnert Park
Monitoring Agency
City of Rohnert Park
Timing
Applied at the time a building permit application is submitted and
completed with the issuance of the certificate of occupancy.
Status
No activity
Ire 14 -1a
Yl' bU Safety Facility: The project proponent is responsible for dedicating to the
City of Rohnert Park a 3 acre site for future development of a Northwest Public
Safety Facility. Projects within SAMP shall pay impact fees or contribute a
proportional share for improvements in order to meet the goal of a 4 minute
response time.
Description
Lead Agency
City of Rohnert Park
Implementing Agency
City of Rohnert Park
Monitoring Agency
City of Rohnert Park
Timing
After approval of the Stadium Area Master Plan and approval by the City
to construct a rod;
Status
No activity
Measure 14 -2a
Description
Pay School Mitigation Fees
Lead Agency
City of Rohnert Park
Implementing Agency
City of Rohnert Park and building permit applicants
Monitoring Agency
City of Rohnert Park
Timing
Applied at the time a building permit application is submitted.
Status
No activity
OCTOBER 2007 CITY OF ROHNERT PARK PAGE 11
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STADIUM AREA MASTER PLAN EIR
MITIGATION AND MONITORING REPORTING PROGRAM
Measure 15 -1a
Description
Intersection Reconfiguration at Redwood Drive /Wilfred Avenue
Lead Agency
City of Rohnert Park
Implementing Agency
City of Rohnert Park and Stadium Area Master Plan applicant
Monitoring Agency
City of Rohnert Park
Timing
Start upon the adoption of the Master Plan and completion in compliance
with the development agreement.
Status
No activity
Measure 15 -1b
Description
Install Traffic Signal at Commerce Boulevard/State Farm Drive
Lead Agency
City of Rohnert Park
Implementing Agency
City of Rohnert Park and Stadium Area Master Plan applicant
Monitoring Agency
City of Rohnert Park
Timing
Start upon the adoption of the Master Plan and completion in compliance
with the development agreement.
Status
No activity
Measure 15 -1c
Description
Install Signal or Roundabout at Business Park Drive/ Dowdell Avenue
Lead Agency
City of Rohnert Park
Implementing. Agency
City of Rohnert Park and Stadium Area Master Plan applicant
Monitoring Agency
City of Rohnert Park
Timing
Start upon the adoption of the Master Plan and completion in compliance
with the development agreement.
Status
No activity
OCTOBER 2007 CITY OF ROHNERT PARK PAGE 12
STADIUM AREA MASTER PLAN EIR
MITIGATION AND MONITORING REPORTING PROGRAM
Measure 15 -1d
0
Description
Install Traffic Signal at Redwood Drive /Business Park Drive
Lead Agency
City of Rohnert Park
Implementing Agency
City of Rohnert Park and Stadium.Area Master Plan applicant
Monitoring Agency
City of Rohnert Park
Timing
Start upon the adoption of the Master Plan and completion in compliance
with the development agreement.
Status
No activity
Measure 15 -1e
Description
Modify Northbound Lane Configuration and add Overlap Phasing at
Rohnert Park Expressway /Redwood Drive
Lead Agency
City of Rohnert Park
Implementing Agency
City of Rohnert Park and Stadium Area Master Plan applicant
Monitoring Agency
City of Rohnert Park
Timing
Start upon the adoption of the Master Plan and completion in ck : -ince
with the development agreement.
Status
No activity V
Measure 15 -2a
Description
Modify Lane Configuration and Phasing at Rohnert Park
Expressway/Labath Avenue
Lead Agency
City of Rohnert Park
Implementing Agency
City of Rohnert Park and Stadium Area Master Plan applicant
Monitoring Agency
City of Rohnert Park
Timing
Start upon the adoption of the Master Plan and completion in compliance
with the development agreement.
Status
No activity
OCTOBER 2007 CITY OF ROHNERT PARK PAGE 13
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STADIUM AREA MASTER PLAN EIR
- MITIGATION AND MONITORING REPORTING PROGRAM
Measure 15 -2b
Description
Modify Eastbound Lane Configuration at Rohnert Park Expressway /U.S.
101 South Ramps
Lead Agency
City of Rohnert Park
Implementing Agency
City of Rohnert Park
Monitoring Agency
City of Rohnert'Park
Timing
Start upon the adoption of the Master Pladand completion in compliance
with the development agreement.
Status
No activity
Measure 15 -2c
Description
Modify Off -ramp Lane Configuration at Rohnert Park Expressway /U.S.
101 North Ramps
Lead Agency
City of Rohnert Park
Implementing Agency
City of Rohnert Park and Stadium Area Master Plan applicant
Monitoring Agency
City of Rohnert Park
Timing
Start upon the adoption of the Master Plan and completion in compliance
with the development agreement.
Status
No activity
Measure 15 -5a
Description
Provide On -site Bicycle and Pedestrian Facilities
Lead Agency
City of Rohnert Park
Implementing Agency
City of Rohnert Park and Stadium Area Master Plan applicant
Monitoring Agency
City of Rohnert.Park
Timing
Start upon the adoption of the Master Plan and completion in compliance
with the development agreement.
Status
No activity
OCTOBER 2007 CITY OF ROHNERT PARK PAGE 14
STADIUM AREA MASTER PLAN EIR
MITIGATION AND MONITORING REPORTING PROGRAM
Measure 15 -5b
Description
Provide Bussing.for School -Aged Children
Lead Agency
City of Rohnert Park
Implementing Agency
School District
Monitoring Agency
City of Rohnert Park
Timing
Ongoing upon occupancy of residential units.
Status
No activity
Measure 15 -6a
Description
Conformance with City of Rohnert Park Zoning Code.
Lead Agency
City of Rohnert Park
Implementing Agency
City of Rohnert Park
Monitoring Agency
City of Rohnert Park
Timing
Applied at the time a building permit application is submitted and
completed with the issuance of the certificate of occupancy.
Status
No activity
OCTOBER 2007 CITY OF ROHNERT PARK PAGE 15
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EXHIBIT C
GENERAL PLAN CONSISTENCY FINDINGS AND FINDINGS RELATED TO
THE
STADIUM AREA MASTER PLAN PROJECT
A. INTRODUCTION
1. These findings are attached as Exhibit C and incorporated by
reference into the resolution certifying the EIR for the Project and adopting General Plan
consistency findings. That resolution also includes an Exhibit A containing CEQA
findings and a statement of overriding considerations, and an Exhibit B, which contains
the Mitigation Monitoring and Reporting Program ( "MMRP "), and which references
impacts, mitigation measures, levels of significance before mitigation and resulting levels
of significance after mitigation. All Exhibits are incorporated by reference into each
other, and into the resolution to which they are attached.
2. These findings address consistency of the Project, and each of its
aspects, with the General Plan. These findings also make the findings regarding the
sufficiency of water supply referenced in Water Code sections 10910 through 10912.
B. GENERAL PLAN CONSISTENCY
3. The Project is governed by the.City of Rohnert Park General Plan,
adopted July 2000 (Fourth Edition) and any decision by the City affecting land use and
development must be consistent with the General Plan.
4. In order to achieve consistency between the Project and the
General Plan, the Project Sponsors requested a General Plan Amendment to modify the
General Plan's land use diagram by redesignating areas of land use within the Project
site.
5. The General Plan Amendments, and the consistency of the Project
with the General Plan, are discussed in the application materials, the EIR, the Stadium
Area Master Plan, staff reports, and submittals by the Project Sponsors. The City adopts
the conclusions and analysis of those documents regarding General Plan consistency.
The Project, including the General Plan Amendment and Rezoning (P -D Final
Development Plan dated February 6, 2008) are consistent with the General Plan and will
result in an internally consistent General Plan.
6. The General Plan Amendment approved for this Project will not
cause the General Plan to become internally inconsistent. The General Plan Amendment
originally proposed by the Project Sponsors better implements the General Plan policies
and goals than does the land use plan depicted in the General Plan. The General Plan
Amendment and the remainder of the General Plan comprise an integrated, internally
consistent and compatible statement of policies for the City. The various land uses
authorized for the Project are compatible with the objectives, policies, general land uses,
and programs specified in the General Plan, as amended. The Project is compatible with
Resolution for Certification of FEIR
Page 12 of 13
and conforms to the objectives, policies, general land uses and programs specified in the
General Plan. The Project furthers the objectives and policies of the General Plan and
does not obstruct their attainment. The Project, as conditioned through conditions of
approval, is compatible with, and in harmony with, General Plan goals and policies. The
Project is in harmony with surrounding neighborhoods, and the site is physically suitable
for the development proposed.
7. The General Plan comprises many objectives, policies, principles,
programs, standards, proposals and action plans (collectively "policies "), as well as
performance standards. The City recognizes that the policies necessarily compete with
each other. Examples of the tensions between General Plan policies are found between
those policies that promote managed growth and encourage new residential construction,
and those that provide for protection of visual and open space resources that exist on
undeveloped land. The City has considered all applicable General Plan policies and the
extent to which the Project conforms to and potentially competes with each of those
policies.
8. The City has fully evaluated the extent to which the Project
achieves each policy, including those pertaining to compatibility of land uses, protection
of open space, standards regarding geology, soils and earthquake risks, hazardous
materials, flood hazards and drainage, protection of water quality, protection of biological
resources, transportation standards and goals, regional and local housing needs,
jobs/housing balance, noise, protection of air quality, protection of visual resources,
standards for public services and utilities, protection of archeological and historical
resources, the provision of housing for all sectors of the economic community, and the
provision of employment opportunities for residents of the City. The City has also fully
considered the Project's compliance with all goals, policies and objectives in the General
Plan, and finds the Project in compliance with the General Plan.
9. The City finds that the balance achieved by the Project among
competing General Plan policies is acceptable. The Project achieves each applicable
policy to some extent, and represents a reasonable accommodation of all applicable
competing policies in the General Plan. The Project promotes the General Plan goals
referenced in the CEQA statement of overriding considerations (Exhibit A).
Some Planning Commissioner's expressed opinions that the Project is not optimally
consistent with the General Plan. The Council has carefully considered these opinions
and determines that the Project will offer residential uses within close proximity to
shopping and while schools, libraries and post offices are located on the opposite side of
the freeway, there are adequate provisions built into the approval of the project to connect
the residential uses to these amenities. Additionally, the Council finds consistency with
General Plan goals and policies CD -A, LU -D, LU -I and LU -J which encourage the City
to provide a range of housing types and a land use patterns that are consistent with other
residential developments in the City.
Resolution for Certification of FEIR
Page 13 of 13