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2008/09/23 City Council Resolution 2008-155RESOLUTION NO. 2008-155 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK, CALIFORNIA, CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE WILFRED/DOWDELL VILLAGE SPECIFIC PLAN WHEREAS, the applicant, City of Rohnert Park ( "Applicant "), has submitted an application to establish a Specific Plan for property currently within Sonoma County's jurisdiction, contiguous to the City of Rohnert Park's westerly boundaries, and within the City's Local Agency Formation Commission approved Sphere of Influence; WHEREAS, Applicant has submitted an application proposing annexation of the Project and approval of a specific plan, referred to as the Wilfred /Dowdell Village Specific Plan (the "Project ") that encompasses approximately 24.77 acres and approximately to 302,000 square feet of commercial uses, divided between approximately 56,000 square feet in Village North and 246,000 square feet in Village South; WHEREAS, the City retained MACTEC, a well - qualified environmental consulting firm, to prepare an environmental impact report ( "EIR ") for the proposed Project; WHEREAS, the City of Rohnert Park, 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 Project on October 27, 2004. The NOP was distributed for a 30 -day comment period that ended on November 25, 2004. The City subsequently initiated work on a Draft EIR for the proposed Project; WHEREAS, the City completed the Draft EIR on January 29, 2008 and circulated it to affected public agencies and interested members of the public for the required 45 day public comment period from February 13, 2008 to March 28, 2008; WHEREAS, the City's Planning Commission duly noticed and conducted a public hearing on March 13, 2008 in order to receive comments on the Draft EIR and adopted a resolution recommending certification of the EIR and adoption of a statement of overriding considerations; WHEREAS, on August 20, 2008, the City published the Final EIR for the Project by incorporating: 1) the Draft EIR; 2) comments received about the Draft EIR and responses to those comments; 3) changes, clarifications and corrections to the Draft EIR; and 4) appendices; and 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, have been fully implemented in the preparation of the EIR. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rohnert Park makes the following findings and determinations with respect to the Final EIR for the proposed Project: 1. The City Council has independently reviewed, analyzed and considered the information contained in the Final EIR and all written documentation and public comments; and 2. The Final EIR was prepared and completed in compliance with the provisions of the California Environmental Quality Act ( "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 and analysis 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 Council's 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; and 5. On the basis of the evidence contained in the administrative record of the Final EIR, the City Council finds that there is no significant new information concerning the Project's environmental effects, feasible mitigation measure, or feasible project alternatives; therefore there is no need or requirement to recirculate the EIR for additional public comment, and. 6. The City Council hereby certifies the Final EIR, and furthermore directs the filing of a Notice of Determination with the County Clerk upon approval of the Project. DULY AND REGULARLY ADOPTED by the City Council of the City of Rohnert Park this 23rd day of September, 2008. BREEZE: AYE SMITH: AYE STAFFORD: ABSENT VIDAK- MARTINEZ: AYE MACKENZIE: AYE AYES: (4) NOES: (0) ABSENT: (1) ABSTAIN: (0) 911028v5 80078/0016