2006/01/24 City Council Resolution (14)RESOLUTION NO. 2006-41
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ROHNERT PARK, CALIFORNIA,
CERTIFYING A NEGATIVE DECLARATION
FOR PROPOSED AMENDMENTS TO SUBSECTIONS 17.06.060 AND 17.06.100
OF THE ROHNERT PARK MUNICIPAL CODE REGARDING
DRIVE - THROUGH WINDOW OPERATIONS
(City of Rohnert Park)
WHEREAS, the applicant, City of Rohnert Park, has proposed amendments to
Subsections 17.06.060 and 17.06. 100 of the Rohnert Park Municipal Code; and
WHEREAS, an Initial Study was prepared for the project and determined that a Negative
Declaration should be prepared for the project in conformance with the requirements of the
California Environmental Quality Act; and
WHEREAS, pursuant to California State Law, the Initial Study and Negative
Declaration were circulated for a period of no less than 20 days and a Notice of Intent was
published prior to that circulation period in the Press Democrat; and
WHEREAS, on January 24, 2006, the City Council held a public hearing at which time
interested persons had an opportunity to testify regarding the Initial Study and Negative
Declaration; and,
WHEREAS, the City Council of the City of Rohnert Park makes the following findings:
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. Findings. The City Council, in approving the Initial Study and Negative
Declaration for Planning Application PL2005 -056MC makes the following findings; to wit:
Environmental
1. An Initial Study was prepared for the project, and on the basis of substantial evidence in the
whole record before the Council, there is no substantial evidence that the project will have a
significant effect on the environment, therefore a Negative Declaration will be approved
which reflects the lead agency's independent judgment and analysis. The record of the
proceeding on which this decision is based shall be maintained by the City of Rohnert Park
Planning Division.
2. The project, as mitigated, would not result in an impact to endangered, threatened or rare
species or their habitats, including but not limited to plants, fish, insects, animals and birds.
The project consists of amendments to the Municipal Code that would be consistent with
State Law and would not result in physical development that would affect any native species
or plants, any unique, rare, threatened, or endangered species of plants, any sensitive native
vegetation, or any migration corridors.
Resolution Certifying the Negative Declaration for the Proposed Municipal Code Amendments
Section 3. Environmental Clearance. An Initial Study was prepared for this project
and indicates that the project will not have a significant effect on the environment, and
accordingly a Negative Declaration, therefore, is hereby adopted.
NOW THEREFORE BE IT RESOLVED, that the City Council does hereby certify the
Negative Declaration for the proposed amendments to Subsections 17.06.060 and 17.06. 100 of
the Rohnert Park Municipal Code.
DULY AND REGULARLY ADOPTED on this 24"' day of January, 2006, by the City
Council of the City of Rohnert Park by the following vote:
AYES: Four (4) Council Members Flores, Mackenzie, Vidak - Martinez and Mayor Smith
NOES: One (1) Council Member Breeze
ABSENT: None (0)
ABSTAIN: None (0)
ATTEST:
City Clerk
APPROVED AS TO FORM:
" P, ug" 4
City Attorney
CITY OF ROHNERT PARK
ayor Tim Smith
Resolution Certifying the Negative Declaration for the Proposed Municipal Code Amendments