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2008/09/23 City Council Resolution 2008-157RESOLUTION NO. 2008-157 A RESOLUTION OF APPLICATION BY THE CITY COUNCIL OF THE CITY OF ROHNERT PARK, CALIFORNIA, TO THE SONOMA LOCAL AGENCY FORMATION COMMISSION FOR THE REORGANIZATION OF TERRITORY LOCATED ON EACH SIDE OF WILFRED AVENUE, EAST OF DOWDELL AVENUE, AND NORTH, EAST, AND SOUTH OF THE CURRENT CITY LIMITS IN THE VICINITY OF THE INTERSECTION OF REDWOOD DRIVE AND WILFRED AVENUE (APN 045- 055 -007, 045- 075 -001 THROUGH 045- 075 -003, 045- 075 -005, 045- 075 -006, 045- 075 -008, AND 045- 075 -009 THROUGH 045- 075 -012) (City of Rohnert Park) WHEREAS, the City of Rohnert Park adopted its General Plan in 2000; WHEREAS, the citizens of the City of Rohnert Park approved an Urban Growth Boundary (UGB) in 2000 which defines the limits of future development; WHEREAS, the City of Rohnert Park General Plan includes properties outside of the current City limits and within the City's Sphere of Influence (SOI) and UGB that are intended to be annexed to the City upon preparation of Specific Plans for these properties; WHEREAS, the approximately 24.77 acre area located on each side of Wilfred Avenue, east of Dowdell Avenue, and north, east, and south of the current City limits in the vicinity of the intersection of Redwood Drive and Wilfred Avenue (APN 045- 055 -007, 045- 075 -001 through 045- 075 -003, 045- 075 -005, 045- 075 -006, 045- 075 -008, and 045- 075 -009 through 045- 075 -012) is identified in the General Plan as the "Wilfred/Dowdell Specific Plan Area "; WHEREAS, the City of Rohnert Park as applicant for the Wilfred/Dowdell project has prepared the required Specific Plan for the Wilfred /Dowdell area along with a Final Environmental Impact Report for the project; WHEREAS, the Wilfred /Dowdell Village Specific Plan properties are intended to be annexed to the City and have been prezoned "Specific Plan District (SP)" in conformance with the City's General Plan; WHEREAS, all unincorporated right -of -way on Wilfred Avenue and Dowdell Avenue that lies adjacent to the Wilfred/Dowdell Specific Plan Area is intended to be annexed to the City; WHEREAS, annexation of the territory described herein and depicted generally in the attached Exhibit "A" will necessitate concurrent detachment of the same from the Rincon Valley Fire Protection District; WHEREAS, a reorganization is defined by California Government Code Section 56073 as a single proposal involving two or more changes of organization, such as annexation and detachment; WHEREAS, pursuant to California State Law and the Rohnert Park Municipal Code, public hearing notices were mailed to all property owners within a 300 foot radius of thppubject property, Resolution of Application Page 1 of 3 public hearing notice signs were posted on the property, and a public hearing notice was published for a minimum of 10 days prior to the first public hearing in The Communi Voice; WHEREAS, on August 14, 2008, the Planning Commission held a public hearing at which time interested persons had an opportunity to provide public testimony either in support of or opposition to the proposal; WHEREAS, on September 23, 2008, the City Council held a public hearing at which time interested persons had an opportunity to provide public testimony either in support of or opposition to the proposal; WHEREAS, the City Council certified the Final Environmental Impact Report prepared for the Wilfred/Dowdell Village Specific Plan and has otherwise carried out all requirements of the California Environmental Quality Act; WHEREAS, California Government Code Section 56654(a) states that "a proposal for a change of organization or reorganization may be made by the adoption of a resolution of application by the legislative body of an affected agency "; WHEREAS, the Sonoma Local Agency Formation Commission (LAFCO) is the legislative body that considers applications for a reorganization; and WHEREAS, the Planning Commission reviewed the proposed reorganization and recommended the submission of a resolution of application to Sonoma LAFCO. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROHNERT PARK DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct. Section 2. Environmental Clearance. The City adopted CEQA findings, a Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program in connection with the Prezoning adopted in Ordinance No. 803, in connection with the Wilfred/Dowdell Village Specific Plan Project ( "Project "). The City is now granting an approval subordinate. to the Prezoning, for all or a portion of the Project addressed in that prior Resolution. In connection with that subordinate approval, the City finds that each of the mitigation measures applicable to the subordinate approval, and which 'vas found in Ordinance No. 803 to avoid, or reduce potentially significant impacts, has been imposed as a condition of approval of that subordinate approval. In addition, the City finds that there have been no substantial changes in the aspects of the Project reflected in the subordinate approval, the surrounding circumstances, or the balance between the benefits of the aspects of the Project reflected in the subordinate approval and the acceptability of its significant and unavoidable impacts. There are no substantial changes proposed in the Project which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; no substantial changes with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects;' and no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the Resolution of Application Page 2 of 3 previous EIR was certified as complete. Accordingly, no supplemental or subsequent EIR is required or appropriate. BE IT FURTHER RESOLVED, that the City Council does hereby approve this resolution of application to Sonoma LAFCO for reorganization of territory located on each side of Wilfred Avenue, east of Dowdell Avenue, and north, east, and south of the current City limits in the vicinity of the intersection of Redwood Drive and Wilfred Avenue (APN 045- 055 -007, 045- 075 -001 through 045 -075- 003, 045- 075 -005, 045- 075 -006, 045- 075 -008, and 045- 075 -009 through 045- 075 -012). BE IT FURTHER RESOLVED that in accordance with the policies of the Sonoma LAFCO, the recommended title of this proposal is " Rohnert Park Reorganization 08 -1 involving Annexation to the City of Rohnert Park and detachment from the Rincon Valley Fire Protection District" and the recommended short form designation is "Wilfred/Dowdell Reorganization." BE IT FURTHER RESOLVED that said action shall not be deemed final until the appeal period has expired and that the appeal period shall be 10 working days from the date of said action. No building permits shall be issued until the appeal period has expired, providing there are no appeals. l amity Clerk U BREEZE: AYE SMITH: AYE STAFFORD: ABSENT VIDAK- MARTINEZ: AYE MACKENZIE: AYE AYES: (4) NOES: (0) ABSENT: (1) ABSTAIN: (0) Resolution of Application Page 3 of 3 Exhibit A: Wilf► ..A i d /Dowdell Area R.organization 045 - 054 -027 045- 055 -027 -055- 8 045 -081 -01 \I,, 0 045-054-02S 0 5 -081 045 - 054 -021 045- 081 -019 16 045- 054026 045 045-054-026 054 -041 045-055-007 fii 0 045 - 054 -024 O 0 1A GOLF couR 74 -001 045-075-002 1 - 03Q -01 074 -002 045 -07 -012 045.074 -007 045 -075 -001 045-083 -002 1Q 030- 045 - 075 -403 -074 03 045- 083-00 0 143-030 - 045. 074 -014 045- 075.009 ri 1 030 -0 045-074 -015 045- 074 -016 045 -075 -008 3 -030 -01 045 -082 -061 X 143 03 UTfLITY CT 045 -075 -005 045-082 -057 1.43 -030 045 -082 -065 045 -074 -009 J 143 - 021014 � ❑ m 045 - 075 -006 O L U IJ 143 - 021 -Q13 045-082-W8 O LU 045 - 074 -010 g CASCADE CT 045 -075-01 04,1475-014 N SCALE 1 :5,000 OM IM kel i 200 0 200 400 600 FEET