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2006/05/23 City Council Resolution (13)RESOLUTION NO. 2006-142 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK, CALIFORNIA, APPROVING AMENDMENTS TO THE LAND USE MAP AND TEXT OF THE GENERAL PLAN FOR PROPERTY LOCATED ON EACH SIDE OF HINEBAUGH CREEK, EAST OF THE CURRENT CITY LIMITS, SOUTH OF KEISER AVENUE, WEST OF PETALUMA HILL ROAD, AND NORTH OF COPELAND CREEK (APN 045- 253 -007, 045- 253 -009 THROUGH —012, PORTION OF 045- 253 -018, 045- 262 -001 THROUGH -004,047-131-019, AND 047 - 131 -024 THROUGH -027) (U.D.LLC and Vast Oak Properties) WHEREAS, the applicant, U.D.LLC and Vast Oak Properties, has submitted an application for General Plan Amendments for an approximately 297 acre property located on each side of Hinebaugh Creek, east of the current city limits, south of Keiser Avenue, west of Petaluma Hill Road, and north of Copeland Creek (APN 045- 253 -007, 045- 253 -009 through — 012, a Portion of 045- 253 -018, 045- 262 -001 through -004, 047 - 131 -019, and 047 -131 -024 through -027); and WHEREAS, the Planning Commission reviewed the Final Environmental Impact Report prepared for the project; recommended its certification by the City Council; and has otherwise carried out all requirements of the California Environmental Quality Act; and WHEREAS, pursuant to California State Law and the Rohnert Park Municipal Code, public hearing notices were mailed to all property owners within an area exceeding a 300 foot radius of the subject property, public hearing notice signs were posted on the property, and a public hearing was published for a minimum of 10 days prior to the first public hearing in the Press Democrat; and WHEREAS, on April 13, 2006 and April 27, 2006, the Planning Commission held public hearings at which time interested persons had an opportunity to testify either in support or opposition to the proposal, with the Planning Commission discussion continued to May 11, 2006; and, WHEREAS, on May 23, 2006, the City Council held a public hearing at which time interested persons had an opportunity to testify either in support or opposition to the proposal; and, WHEREAS, the City Council of the City of Rohnert Park has certified the Final Environmental Impact Report for the proposal in Resolution2oob -M ; and WHEREAS, the Planning Commission and the City Council of the City of Rohnert Park have reviewed and considered the information contained in the General Plan Amendment application for the proposal; 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. The City Council has certified the Final EIR for this Project in Resolution Section 3. That pursuant to Public Resources Code section 21081 and CEQA Guidelines sections 15091 - 15093, the City Council hereby adopts the CEQA Findings and Statement of Overriding Considerations relating to the environmental impact of the Project as set forth in Exhibit A of this resolution and incorporated herein by this reference. Section 3. That pursuant to Public Resources Code section 21081.6, the City Council approves the Mitigation Monitoring and Reporting Program attached as Exhibit B to this resolution and requires the Project to comply with the mitigation measures contained therein. Section 4. That pursuant to the City's Water Supply Resolution 2004 -0095, the City Council adopts the findings set forth in Exhibit C of this resolution and incorporated herein by this reference. Section 5. Findings. The City Council, in approving Planning Application PL2003- 002GP (General Plan Amendment) makes the following findings; to wit: General Plan Amendments PL2003 -002GP 1. That the proposed site is appropriate for development under the General Plan Land Use Designations of Mixed Use, High Density Residential, Medium Density Residential, Low Density Residential, Estate Residential, Open Space, Park, Public /Institutional. Criteria Satisfied. The proposed General Plan amendments would not eliminate the existing General Plan designations, rather they would redistribute the designation throughout the site in a more effective manner that reflects the applicant's current plan, retaining the appropriate level of development. 2. That the proposed General Plan Amendments would be consistent with specific policies in the Land Use Element of the General Plan relative to the proposed development. Criteria Satisfied. The proposed amendments would meet the intent of the General Plan for this Area, which is to create a pedestri an- friendly, mixed use community with a varied inventory of residential housing. 3. That a duly noticed public hearing has been held to receive and consider public testimony regarding the proposed amendments to the General Plan Land Use Map. Criteria Satisfied. A duly noticed public hearing on the proposed General Plan Amendments was held on May 23, 2006. 4. The General Plan Amendment, and the consistency of the Project with the General Plan, are discussed in the application materials, the EIR, the Specific 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, Specific Plan, Prezoning, each subdivision map and development plan, and the application for annexation are consistent with the General Plan and will result in an internally consistent General Plan. 5. The General Plan Amendment approved for this Project will not cause the General Plan to become internally inconsistent. The General Plan Amendment proposed by the Project Sponsors better implements the General Plan policies and goals than does the land use plan 2 depicted in the General Plan, as explained in the Specific Plan and staff reports. The additional refinements proposed later continue to achieve all applicable policies and goals, but achieve a different balance in placing more emphasis on affordable housing and the pedestrian - friendly location of residential uses above retail. 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 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. 6 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. 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. 7. 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. 8. 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). 9. The City has carefully considered all comments regarding consistency and implementation of its General Plan, and determines they largely reflect only disagreement with the decision the City made when it adopted the General Plan in 2000 to allow and encourage intense urban development in this area. Specifically, the City finds consistency with General Plan goals and policies LU -B, LU- l OD, CD -F, and CD -9, regarding transitioning and feathering densities, and compatibility with the open space across Petaluma Hill Road from the Project. The Project provides a 200 -foot buffer on the west side adjacent to Redwood Park Estates, a 100 -foot buffer next to the J section, and a 60 foot buffer next to the Kisco Wellness Center. It provides a 500 foot structural buffer on the east side, with housing adjacent to the buffer comprised of estate residential, low density, and medium density limited to single story buildings. These buffers meet or exceed the buffer widths referenced in the General Plan. 3 They transition density from commercial and high density uses at its core to less dense uses on the eastern side. 10. The Project relocated the mixed use area of the Project so that is surrounds the central plaza leading to Twin Creeks Park, thereby creating a vibrant gathering center and more integrated community that would be achieved by the land use configuration indicated in the General Plan before this amendment is adopted. The configuration represented by the Project also allows for more feathering of density emanating outwards from the plaza and commercial core than would the unamended General Plan. As noted in the Specific Plan, the configuration allows the Project to associate the commercial center with the public plaza, public trails and the linear park system, thereby directing pedestrian, bicycle, and vehicular traffic through the commercial center, rather than around it. This will reinforce the role of the commercial center as the core of the Specific Plan. The design strongly promotes numerous General Plan goals, policies and objectives, including those to transition densities, place housing adjacent to parks, creekways and other open space, siting neighborhood commercial facilities in areas designed to maximize accessibility to all residential areas, promote a concentration of activity and continuity of retail uses, make the plaza the focal point, or center of the commercial core, promote pedestrian- oriented activity centers that serve as community focal points, and site facilities to encourage walking and biking. NOW THEREFORE BE IT FURTHER RESOLVED, that the City Council does hereby approve Application No. PL2003- 002GP: General Plan Amendments for an approximately 297 acre property located on each side of Hinebaugh Creek, east of the current city limits, south of Keiser Avenue, west of Petaluma Hill Road, and north of Copeland Creek (APN 045- 253 -007, 045- 253 -009 through —012, a Portion of 045- 253 -018, 045- 262 -001 through -004, 047 - 131 -019, and 047 -131 -024 through -027), as follows: Amendments to the General Plan Land Use Dia am (Figure 2.2-1 of the General Plan): 1. The Mixed Use, High- Density Residential, Medium - Density Residential, Low - Density Residential, Estate Residential, Open Space, Park, and Public /Institutional designations shall be redistributed throughout the University District Specific Plan Area to reflect the applicant's plan in accordance with Exhibit "D" to this Resolution, which is attached and incorporated by reference. 2. The one -way couplet extending from Keiser Avenue south to the U.D.LLC property is eliminated and replaced with a two -way "spine" street with only one vehicle bridge spanning Hinebaugh Creek in accordance with Exhibit "D" to this Resolution, which is attached and incorporated by reference. 3. The linear park shall be reconfigured to provide a smaller park on the U.D.LLC property, a plaza area adjacent to Rohnert Park Expressway that is in the center of the mixed use area, the "Twin Creeks Park" to the north of the plaza, the "Notch Park" on the south side of Hinebaugh Creek, the "Oak Grove Park" south of Keiser Avenue, and a linear park separating the Vast Oak and CRPUSD properties north of Hinebaugh Creek in accordance with Exhibit "D" to this Resolution, which is attached and incorporated by reference. 4. An east -west open space "promenade" shall be added to the high density residential area north of the commercial /mixed use core. 4 Amendments to the General Plan Text: 1. Table 2.4 -1: "Land Use Program: University District Specific Plan Area" shall be amended as follows: a. The range of Rural Estate Residential Housing Units shall be changed from "20 -25" to "20 -26 "; b. The range of Low Density Residential Housing Units shall be changed from "245- 295" to "245-320"; c. The range of Mixed Use Residential Housing Units shall be changed from "70 -100" to "70 -150 "; d. The range for Total Housing Units shall be changed from "1,415- 1,610" units to "1,415- 1,645" units; e. The range for the Building Area (1,000 s.f.) for the commercial component of the Mixed Use area shall be changed from "250 -350" to "Maximum of 175 "; and f. The range for Total Building Area (1,000 s.f.) shall be changed from "250 -350" to "Maximum of 175." 2. Policy LU -15 shall be amended as follows: a. The sixth bullet point shall be amended to read as follows: "A 12 -15 acre north -south linear park, in the general location shown in Figure 2.2 -1. This linear park may be configured to be a series of separate park sites, provided pedestrian/bicycle connections are provided throughout to maintain continuity." b. The tenth bullet point shall be amended to read as follows: "Along the western specific plan boundary, between Hinebaugh and Copeland Creeks, a buffer setback of 100 feet shall be maintained and new residential development adjacent to and east of the buffer shall be single - story. Two -story residences may be considered within this area if the buffer is increased to a minimum of 200 feet." 3. Figure 3.1 -2: "Urban Form and Structure" shall be revised to reflect the applicant's plan in accordance with Exhibit "D" to this Resolution, which is attached and incorporated by reference. 4. Figure 3.2 -7: "University District Urban Structure" shall be revised to reflect the applicant's plamn accordance with Exhibit "D" to this Resolution, which is attached and incorporated by reference. 5. Figure 3.2 -9: "Section of Rohnert Park Expressway at Sonoma State University Concert Hall" shall be amended to reflect the revised configuration for Rohnert Park Expressway in accordance with Exhibit `B" to this Resolution, which is attached and incorporated by reference. 6. Policy CD -35: the first sentence shall be amended to remove the words "fully accessible to the public." 7. Policy CD -35: the seventh bullet point shall be amended to read as follows: "A minimum 150 -foot width from curb -to -curb (with no maximums established as part of this General Plan). As an alternative, the linear park may be configured to be a series of separate parks, in 5 which case this minimum width would not apply;" The italicized text following this shall be eliminated. 8. Policy CD -35: the thirteenth bullet point shall be amended to read as follows: "A minimum of 100 -foot development setback from the centerline of Hinebaugh Creek, with a minimum 30 -foot wide open space on the south side of the creek. Streets can be constructed within the 100 foot setback (but not within 30 foot wide publicly accessible open space)." 9. Policy CD -38 shall be amended as follows: "The two -way spine road shall be designed so that parking is provided on each side of this street. Allow half of this parking located immediately adjacent to the Medium - and High- Density Residential areas to count towards off - street parking for these uses." 10. Figure 3.2 -10 shall be eliminated. 11. Figure 3.2 -11 shall be eliminated. 12. Figure 3.2 -12 shall be eliminated. 13. Table 4.1 -4: "Roadway Improvements" shall be revised to rename the "New Linear Park Rd" as the "North - South Spine Road." 14. Figure 4.1 -1: "Master Street Plan" shall be revised to reflect the elimination of the one -way couplet within the University District Specific Plan Area and its replacement with the north - south "spine road." 15. Policy TR -8 shall be amended to read as follows: "Require a central north -south `spine road' through the University District Specific Plan, as shown in Figure 4.1 -1." The italicized text following this shall be eliminated. 16. Policy TR -9 shall be amended to read as follows: "Design the Rohnert Park Expressway as a pedestrian - friendly boulevard between the 1999 City limits and Petaluma Hill Road. A pedestrian friendly environment would be created through provision of pedestrian amenities, as called for in Policy TR -38. Chapter 3 contains additional policies to promote a pedestrian - oriented environment in the University District specific plan area and to create attractive streetscapes throughout the city. " 17. Policy TR -38 shall be amended to eliminate the following language: "Policy TR -9 calls for frontage streets along the SSU segment of the Expressway, to create a more pedestrian - friendly environment." 18. Figure 5.2 -1: "Parks and Schools" shall be revised to reflect the applicant's plan in accordance with Exhibit "D" to this Resolution, which is attached and incorporated by reference 19. Table 9.4 -213: "Potential Residential Development — Growth Areas" shall amended as follows: a. The range of Rural Estate Residential Housing Units for the University District Specific Plan shall be changed from "20 -25" to "20 -26 "; b. The range of Low Density Residential Housing Units for the University District Specific Plan shall be changed from "245 -295" to "245- 320 "; 6 c. The range of Mixed Use Residential Housing Units for the University District Specific Plan shall be changed from "70 -100" to "70- 150 "; d. The range for Total Housing Units for the University District Specific Plan shall be changed from "1,415- 1,610" units to "1,415- 1,645" units; e. The range of Total Rural Estate Residential Housing Units shall be changed from "90 -135" to "90- 136 "; f. The range of Total Low Density Residential Housing Units shall be changed from "965- 1095" to "965 - 1120 "; g. The range of Total Mixed Use Residential Housing Units shall be changed from "123 -175" to "123- 225'; h. The range for Total Housing Units shall be changed from "3540- 4105" units to "3540- 4140" units; 20. On page 9 -59, the first bullet point in the discussion of the University District Specific Plan Area shall be amended to read as follows: "A 25 -40 acre mixed -use center, located directly adjacent to Sonoma State University, which could include between 70 and 150 units." DULY AND REGULARLY ADOPTED on this 23rd day of May, 2006, by the City of Rohnert Park City Council. Attest: City Clerk CITY OF ROHNERT P.ARK-- "`­~_ Mayor 19 ,R,OHNERT BREEZE: AYE F'L.ORES: AYE MACKENZIE: AYE VIIDAK- MARTINEZ: AYE SMITH: AYE AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0) 7 EXHIBIT A CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS RELATED TO THE UNIVERSITY DISTRICT PROJECT A. INTRODUCTION 1. These CEQA findings are adopted for the University District 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 #2003122014 ( "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. 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 University District Project as it has been approved by this Council. The Project is proposed to guide the development of a mixed -use pedestrian oriented community within an area east of the City and within the City's Local Agency Formation Commission ( "LAFCO ")- approved Sphere of Influence. The Project encompasses approximately 297 acres located on each side of Hinebaugh Creek, east of the current City limits, south of Keiser Avenue, west of Petaluma Hill Road, and north of Copeland Creek. The Project is comprised of a total 1,645 residential units, plus 126 second units, for a total of 1,771 dwelling units; up to 175,000 sq -ft of commercial building area; and 21 acres of public parks and private recreation areas, and 64 acres of open space, wetland areas, creek and creek buffer areas and structural buffer areas. The Project encompasses five subdivisions: the University District LLC subdivision, the Vast Oak subdivision, the future subdivision of the land referenced in the EIR as the Cotati- Rohnert Park property, the future subdivision of the land referenced in the EIR as the Gee property, and the future subdivision of the land referenced in the EIR as the Abu - Halawa property. 5. The Project includes a mixed -use center with a commercial core. This core surrounds a central plaza, and has ground level retail, personal services, eating and drinking establishments, and other operations that are pedestrian oriented. Residential, office, and other compatible uses are permitted on upper floors. The remainder of the Project area includes medium and high - density residential uses around the commercial core, a variety of housing 925300x180078/0016 EXHIBIT A CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS RELATED TO APPROVAL OF THE GENERAL PLAN AMENDMENT FOR THE UNIVERSITY DISTRICT SPECIFIC PLAN types, including single- family residences and estate residential uses, and extensive open space, buffer and parkland areas. 6. The Project is slightly smaller than the project studied in the Draft EIR. Residential uses have been substituted for some commercial uses, substantial portions of the commercial square footage have been eliminated, and some refinements have been implemented to accommodate concerns of City staff and resource agencies. The Project encompasses the whole of the development and operation of the Project, and all approvals referenced in the EIR. These include a General Plan Amendment, a Specific Plan, prezoning, subdivision maps and development plans for the Vast Oak and University District LLC subdivisions, and a resolution of application to annex the Project site to the City. C. ENVIRONMENTAL REVIEW OF THE PROJECT 7. 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 8. 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 27, 2005 through September 9, 2005. The Planning Commission held public hearings on the DEIR and received,oral comments on August 25, 2005. 9. The City then circulated Additional Analysis in Response to Comments on the University District Specific Plan Draft EIR by Caltrans Related to U.S. 101 Mainline Freeway Operation ( "Additional Analysis ") from November 28, 2005 through January 11, 2006. 10. The City received numerous written and oral comments on the DEIR and on the recirculated Additional Analysis. The City prepared responses that describe the disposition of significant environmental issued raised by the comments, and made changes to the DEIR. The comments, responses to comments, changes to the DEIR and additional information were published in a Final EIR that was received by the City on April 3, 2006. The City also received a letter report from its envirommental consultants dated April 27, 2006 ( "Letter Report"). The Letter Report reflects a peer review of analyses conducted by the Project Sponsors' consultants regarding the environmental implications of the reduction in the Project from the project studied in the Draft EIR. The Letter Report concludes that the Project would not produce any new or more severe significant impacts than were studied in the DEIR, Additional Analysis and FEIR, and that the impacts of the Project were adequately addressed in the EIR. The consultants presented an errata sheet for the May 23, 2006 Council hearing, which confinned that annexation of adjacent properties would not cause any physical changes to the environment. 9253000 80078/0016 EXHIBIT A CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS RELATED TO APPROVAL OF THE GENERAL PLAN AMENDMENT FOR THE UNIVERSITY DISTRICT SPECIFIC PLAN 11. The DEIR, the Additional Analysis, the FEIR, the Letter Report, the Errata and all the appendices comprise the "EIR" referenced in these findings. D. THE RECORD 12. 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). 13. 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, 925300v1 80078/0016 EXHIBIT A CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS RELATED TO APPROVAL OF THE GENERAL PLAN AMENDMENT FOR THE UNIVERSITY DISTRICT SPECIFIC PLAN 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. 14. 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 15. 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. 16. 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. 17. 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, Specific Plan, Prezoning, Development Agreement, application for annexation for the Project, 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 Vast Oak and University District LLC subdivisions within the Project, and the EIR comprises a project - level EIR for all those entitlements and approvals. With respect to the proposed future development of the properties referred to in the EIR as the Abu- Halawa, Gee and Cotati - Rohnert Park Unified School District properties, the EIR is adequate as a program EIR, and the City will determine at the time subsequent development applications for those properties are submitted, whether additional environmental review will be required. F. ABSENCE OF SIGNIFICANT NEW INFORMATION 18. 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 925300v1 80078/0016 EXHIBIT A CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS RELATED TO APPROVAL OF THE GENERAL PLAN AMENDMENT FOR THE UNIVERSITY DISTRICT SPECIFIC PLAN 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 the Project. No information indicates that the Draft EIR or the Additional Analysis was inadequate or conclusory. 19. 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 20. 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. 21. 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. 22. The mitigation measures set forth in Exhibit B and corresponding conditions of approval in Exhibit C are derived from the mitigation measures set forth in the EIR. The City has 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, all without making any substantive changes to the mitigation measures. 23. 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 925300v1 80078/0016 EXHIBIT A CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS RELATED TO APPROVAL OF THE GENERAL PLAN AMENDMENT FOR THE UNIVERSITY DISTRICT SPECIFIC PLAN 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 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. 24. All feasible mitigation measures proposed in the EIR to mitigate potentially significant impacts are incorporated into conditions of approval. Mitigation measures are included in conditions of approval according to the level of detail of the condition and mitigation measure. Thus, mitigation measures appropriate for the level of detail of a subdivision map are imposed as conditions of the subdivision map, while those appropriate for the more general, planning level of the Specific Plan are imposed as conditions of approval of the Specific Plan. 25. To ensure that all feasible mitigation measures are made enforceable through conditions of approval or contractual obligations, the General Plan Amendment for the Project is adopted with a condition of approval requiring that each of the conditions and mitigation measures referenced in the MMRP be imposed upon the approval of at least one subordinate approval of development within each subdivision within the University District Specific Plan. Any mitigation measure that will feasibly mitigate a potentially significant impact, which has not been already been imposed as a condition of approval of the Specific Plan, or which has not already been incorporated as an obligation of a Development Agreement, shall be imposed as a condition of either tentative map approval or development plan approval. 26. 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 of this Section VII of these CEQA Findings. 27. Sonoma County requested funding of a fair share of certain regional traffic improvements, in its letter of September 12, 2005. However, the City does not have the ability to impose a region -wide impact fee to fund regional improvements, and no such fee has been adopted by the County or the Sonoma County Transportation Authority, the two entities with regional jurisdiction to address regional traffic issues. The City accordingly determines that it is not reasonable to project that payment of any fee would result in construction of improvements needed to address regional traffic problems to which the Project contributes, making mitigation of the significant and unavoidable regional traffic impacts identified in the EIR through payment of a regional fee infeasible. Nonetheless, the City has proposed and the Project Sponsors have, in the Development Agreement, agreed to pay any future regional traffic improvement impact 925300v180078/0016 EXHIBIT A CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS RELATED TO APPROVAL OF THE GENERAL PLAN AMENDMENT FOR THE UNIVERSITY DISTRICT SPECIFIC PLAN fee enacted by City, other area municipalities and /or the County of Sonoma by the time of building permit issuance, and pursuant to the Mitigation Fee Act that is consistently applied on a city -wide basis to all substantially similar types of development projects. Further, the City has proposed and the Project Sponsors have, in the Development Agreement, agreed that if no regional traffic impact fee has been enacted at the time of issuance of a building permit, then they will pay a fee of $3,500 for each market rate residential unit to mitigate the regional traffic impacts of the Project. While these provisions are not found to feasibly mitigate impacts, they will make funds available to be used in the event a program is adopted that would likely result in the construction of traffic improvements. 28. Caltrans requested that the Project be required to pay its fair share of improvements to mitigate the Project's contribution towards impacts on mainline U.S. 101 freeway operation. The City has no jurisdiction over or ability to construct mainline freeway improvements. The City adopts the EIR's analysis and conclusion that there are no known freeway capacity projects that would improve the facility to acceptable operations, let alone a program by which individual development projects fund those freeway capacity projects or a program that would allow the City to determine a fair share contribution. Accordingly, mitigation is not feasible. Nonetheless, the Project will fund a share of mainline improvement to U.S. 101. Sales tax revenues are to be used by the Sonoma County Transportation Authority to fund such improvements as set forth in Measure M, approved by the voters of Sonoma County in the November 2004 election. Residents of the Project will pay sales taxes and thus will pay the same share as all other projects and existing development towards such improvements. In addition, the Project's commercial sector will generate additional sales tax revenues, which would not be realized but for the Project. 29. The mitigation measures adopted for the Project implement all applicable mitigation measures from the EIR the City certified for its General Plan adopted in July 2000. These include mitigation measures requiring further study to determine that projects do not cause a substantial lowering of groundwater levels in certain areas. That further study has been conducted, and has revealed no potentially significant impacts. Pursuant to Water Code section 10911(c), the City determines, based upon the entire record, that projected water supplies, even without additional recycled water, will be sufficient to satisfy the demands of the Project, in addition to existing and planned future uses. The pendency of litigation regarding the Water Supply Assessment the City adopted for the Project and other projects does not affect this determination, as there has been no judgment or formal court order issued in that proceeding. The City's determination is supported voluminous evidence, including the Final Water Supply Assessment (WSA), technical memoranda, power point presentations and oral reports presented by the City's water supply consultants, discussions in the EIR (especially master responses t through 14, and responses to comments submitted by the OWL Foundation, John King, the Northern California Carpenters Regional Council, and Steven Carle), staff reports, and materials presented by the Project Sponsors, including information from John Nelson and Richard Slade regarding water supply, groundwater issues and water demands, and information from ENGEO regarding the impermeability of soils to recharge. The City adopts the reasoning and explanations set forth in these materials. 925300v1 80078/0016 EXHIBIT A CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS RELATED TO APPROVAL OF THE GENERAL PLAN AMENDMENT FOR THE UNIVERSITY DISTRICT SPECIFIC PLAN 30. Evidence in the WSA and from Mr. Nelson also establishes that the amount of surface water available in the Russian River system, even in dry years, far exceeds the Agency's entitlement of 75,000 acre -feet per year, and that interim shortages caused by constraints in the physical delivery system or environmental issues can be accommodated through the conjunctive use program the City employs to best manage joint use of surface water and groundwater. 31. The City acknowledges the disagreements, and claims of disagreements, among experts and various lay persons regarding the conclusions the City has reached regarding water supplies and impacts. The City rejects contrary opinions and conclusions, and reaches the determination that supplies will be sufficient, resulting in no potentially significant impacts, based upon the evidence and analysis referenced above. In particular, the City determines that actual water level measurements taken in recent years cannot be reconciled with the projections made in the PES analysis conducted for the General Plan EIR. 32. 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 33. 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. 34. The City recognizes that the environmental analysis of the Project raises several controversial environmental issues, and that a range of technical and scientific opinion exists with respect to those issues. The City acknowledges that there are differing and conflicting expert and other opinions regarding the Project, its alternatives, its impacts, the feasibility of mitigation and the most suitable mitigation, with regard to many aspects of the Project, especially the areas of controversy identified in the EIR, with especially heavy emphasis placed by commenters on water, traffic and air quality. The City has, by its review of the evidence and analysis presented in the EIR and in the record, acquired a better understanding of the breadth of this technical, scientific and lay opinion and facts regarding the full scope of the environmental issues presented by the Project. In turn, this understanding has enabled the City to make fully informed, thoroughly considered decisions after taking account of the various viewpoints on these important issues. These findings are based on full appraisal of all viewpoints expressed in the EIR and in the record, as well as other relevant information in the record of proceedings for the Project. 9253000 80078/0016 EXHIBIT A CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS RELATED TO APPROVAL OF THE GENERAL PLAN AMENDMENT FOR THE UNIVERSITY DISTRICT SPECIFIC PLAN 35. 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 measures, then the impacts remain significant and unavoidable, and are overridden as noted below. 36. 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 37. 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. 38. The City adopts the EIR's analysis and conclusions regarding alternatives eliminated from further consideration, both during the scoping process and in response to comments. These include off site alternatives as discussed in Chapter 5 of the Draft EIR. 39. 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; (2) a Reduced Project Alternative; and (3) a Minimum Density Project Alternative. 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. 40. 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 use densities that present an intense, urban level of development just outside the eastern side of the City, within the voter - approved growth boundary, in a manner that represents a pedestrian - friendly, mixed -use project that provides the amenities listed on pages 2 -1 and 2 -2 9253000 80078/0016 EXHIBIT A CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS RELATED TO APPROVAL OF THE GENERAL PLAN AMENDMENT FOR THE UNIVERSITY DISTRICT SPECIFIC PLAN of the Draft EIR. The alternatives simply do not achieve most of these goals, and in some circumstances achieve none of them. 41. 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. 42. Reduced Project Alternative This alternative proposes 384 unit, plus 322 second units, and no commercial square footage. It was included in the EIR to demonstrate that approximately three quarters of the project would need to be eliminated to eliminate most of the significant and unavoidable impacts of the project. This alternative is environmentally superior to the Project. However, this alternative does not meet project objectives, as it does not implement General Plan goals and policies, and is therefore infeasible. This alternative would also have an impact on housing in that it would reducing housing availability below that identified in the General Plan, thus interfering with the City's ability to meet its fair share housing needs. 43. Medium Density Project Alternative. This alternate proposes development at minimum General Plan Densities. This project would result in significant impacts similar to those of the Project, and thus would not achieve a substantial reduction in any significant or potentially significant environmental impacts. 44. 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. 45. 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 involves 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, and promoting the vision for development of areas outside current city limits that was adopted in the General Plan in 2000, but which is only now being realized. The combination presented by the Project provides a realistic opportunity to provide substantial affordable housing opportunities, in a pedestrian - friendly environment that will decrease dependence on vehicle travel, exhibit smart growth principles through thoughtful and create design, all in a manner that will result in a first class, integrated and connected series of neighborhoods and commercial centers that will be an asset to this community. The.Project has already been reduced below that envisioned in the General Plan, in order to provide greater opportunities for affordable housing, to allow housing to be more closely integrated with the commercial core, and allow implementation of a residential- over - retail design the City finds desirable as promoting smart growth principles and other General Plan goals as policies. Reducing the density and intensity of development below that proposed by the Project would 10 925300v1 80078/0016 EXHIBIT A CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS RELATED TO APPROVAL OF THE GENERAL PLAN AMENDMENT FOR THE UNIVERSITY DISTRICT SPECIFIC PLAN lessen these achievements, and could be characterized as urban sprawl that would be wasteful of the land and other resources in the area. 46. The combination of attributes presented by the Project thus comprises a rational accommodation of the social, economic and environmental interests with which this City must concern itself. The City therefore finds that other proposals are not feasible because they provide no or less assurance that most project objectives will be achieved, and because they are not capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors. 47. 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 •48. The City finds that each of the following specific economic, legal, social, technological, environmental and other considerations and benefits of the Project independently outweighs the significant, adverse impacts and is an overriding consideration independently warranting approval. Each of the overriding considerations constitutes a separate and independent ground for finding that the.benefits of the Project outweigh the significant and avoidable impacts. The remaining significant adverse impacts of the Project are acceptable in light of each of these overriding considerations. 49. The Project promotes General Plan goals and policies, as demonstrated in the discussions in the Specific Plan and in the EIR. The Council adopts the conclusions and analysis presented in those documents. The Project meets objectives and goals of keeping a small town feel, providing for a 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 rt�trb� housing -- near Sonoma State University, with convenient access to public transit anct existing major arterials, promoting smart growth principles. It is especially important to this Council to implement the General Plan, since the Project presents the first opportunity to approve development in one of the Specific Plan areas since those areas were identified in the General Plan when it was adopted in 2000. The Project is proposed by a known group of Project Sponsors who have indicated an interest, backed up by a substantial investment in processing, in pursuing development of the Project Area within a reasonable time frame. This makes the realization of General Plan goals, policies and objective more cerLain and more likely to occur sooner. In addition, approval of the Project will set a rec an create a model for processing and designing other Specific Plan project contemplated y the General Plan, making it more likely that all General Plan goals, policies and objectiv will be realized. 925300v 1 80078/0016 EXHIBIT A CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS RELATED TO APPROVAL OF THE GENERAL PLAN AMENDMENT FOR THE UNIVERSITY DISTRICT SPECIFIC PLAN 50. The Project will promote housing for all sectors of the economic community, help the City meet its fair share housing needs, and provide more affordable housing opportunities than are required by the City's inclusionary ordinance. Letters from the California Department of Housing and Community Development (HCD) confirm this. A letter from HCD dated December 3, 2001, expressly finds the City's housing element to be in compliance with the housing laws "conditioned on the City's successful annexation of the University [District Project] ...." 51. The Project provides benefits to the City that exceed nexus, as set forth in the Development Agreement. These include the trail on the Anderson property, provision of parkland and improvements that exceed the City's parkland requirements, and affordable housing that exceeds the City's inclusionary ordinance. By entering into the Development Agreement, the Project Sponsors have voluntarily agreed to provide these benefits. 52. The water conservation measures 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 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, as reflected in the letter from John Nelson dated April 17, 2006. The Project implements and complies with the water supply policies and goals, as stated in the General Plan and the Water Policy Resolution. 12 925300v1 80078/0016 EXHIBIT B CEQA MITIGATION MONITORING AND REPORTING PROGRAM (MMRP) AND ENVIRONMENTAL IMPACT CONCLUSIONS RELATED TO THE UNIVERSITY DISTRICT SPECIFIC PROJECT This chart sets forth the City's conclusions regarding the level of severity of impacts before and after mitigation is applied, identifies which conditions of approval implement which mitigation measures, and comprises the mitigation monitoring and reporting program. "S" means the impact is significant. "LTS" means less than significant. Conditions of approval are identified by both resolution number and condition number. The first number in the Condition of Approval column, before the dash, identifies the Resolution that contains the condition. Resolutions 2006 -21 and 2006 -22 (identified as "21 -" and "222") pertain to the subdivision maps. Resolutions 2006 -23 and 2006 -24 (identified as "232" and "24 - ") pertain to the development plans. The resolution approving the specific plan is referenced as "SP." Measures that are obligations of the Development Agreement are referenced as "DA ". The second number in that column, after the dash, is the condition number within that particular document. In addition, as determined in paragraph 25 of the CEQA findings (Exhibit A), the General Plan Amendment for the Project is adopted subject to a condition requiring imposition of feasible mitigation measures on subordinate project approvals. Whenever the Monitoring Responsibility column references an agency other than the City, 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. The result listed in the Significance with Mitigation column assumes that the other agency has cooperated and implemented the mitigation measure. If the other agency did not do so, the impact would remain significant and unavoidable. 925300v1 80078/0016 EXHIBIT B CEQA MITIGATION MONITORING AND REPORTING PROGRAM (MMRP) AND ENVIRONMENTAL IMPACT CONCLUSIONS RELATED TO THE UNIVERSITY DISTRICT SPECIFIC PROJECT Impact and Level of Significance Prior Mitigation Measure Condition of with Significance Monitoring Monitoring To Mitigation. Approval Nos. Mitigation Responsibility Timeframes Aesthetics AES -1: Obstructor Adversely Affect AES -la: Install Temporary Visual Barriers 24 - 12g Less than Public Works Prior to Scenic Vistas or Change Visual between Construction Zones and Residences significant (PW) Construction of Character during Construction (S) at Redwood Park Estates Inspector Vol AES -2: Obstruct or Adversely Affect No mitigation is required. — Scenic Vistas or Change Visual Character during Operation (LTS) AES -3: Substantially Damage Scenic No further mitigation is feasible. Significant Resources, Including, but Not Limited and to, Trees, Rock Outcroppings, and unavoidable Historic Buildings along a Scenic Highway During Construction and Operation (S) AES -4: Create Temporary. Sources of No mitigation is required. — Light and Glare during Construction (LTS) AES -5: Create Permanent Sources of AES -5a: Require Lighting Design to be 21 -36 Less than Community During plan Light and Glare (S) Shielded and Directed Downward in 22-39 significant Development check of Compliance with City Standards 23-9 respective phase 24 -9 AES -6: Conflict with Local Policies No mitigation is required. — (LTS) 14 925300v 1 80078/0016 EXHIBIT B CEQA MITIGATION MONITORING AND REPORTING PROGRAM (MMRP) AND ENVIRONMENTAL IMPACT CONCLUSIONS RELATED TO THE UNIVERSITY DISTRICT SPECIFIC PROJECT Impact and Level of Significance Prior Mitigation Measure Condition of Significance With Monitoring Monitoring To Mitigation. Approval Nos. Mitigation Responsibility Timeframes Agricultural Resources, Land Use and Planning AG -1: Convert Prime Farmland, No mitigation is required. – Unique Farmland, or Farmland of Statewide Importance to Non - Agricultural Use (NI) AG -2: Conflict with Existing Zoning No mitigation is required. for Agricultural Use or a Williamson Act Contract— University District Specific Plan Area (NI) AG -3: Conflict with Existing Zoning AG -3a: File Notices of Non - Renewal for 21-40 Less than Community Following for Agricultural Use or a Williamson Williamson Act Contracts 22-43 significant Development entitlements Act Contract— Offsite Water Tank Site (PS) AG -4: Conversion of Farmland to Non- No mitigation is feasible. Significant Agricultural Use (S) and unavoidable LUP -1: Loss of Community Cohesion No mitigation is required. – (LTS) LUP -2: Conflict with Relevant Plans No mitigation is required. – and Policies (LTS) LUP -3: Conflict with Conservation No mitigation is required. – Plans (NI) LUP -4: Construction- Related Effects No mitigation is required. – on Existing Land Uses (LTS) LUP -5: Compatibility with Existing or No mitigation is required. – Future Adjacent Land Uses (LTS) 15 925300v1 80078/0016 EXHIBIT B CEQA MITIGATION MONITORING AND REPORTING PROGRAM (MMRP) AND ENVIRONMENTAL IMPACT CONCLUSIONS RELATED TO THE UNIVERSITY DISTRICT SPECIFIC PROJECT Impact and Level of Significance Prior Mitigation Measure Condition of Significance With Monitoring Monitoring To Mitigation. Approval Nos. Mitigation Responsibility Timeframes Air Quality Impact AQ -1: Significant Emissions of Mitigation Measure AQ -1a: Minimize Dust 23 - l lj -k Less than PW Inspector During Pollutants from Construction of Emissions and Ensure Consistency with Bay 24 - l lj -k significant construction Buildings (Residential and Area Air Quality Management District Commercial) for Proposed Guidelines for Reducing Construction Development of the University District Impacts Specific Plan (S) Mitigation Measure AQ -lb: Implement 23 - l lj -k Additional Control Measures to Minimize 24 - l lj -k Construction- Related Emissions of Criteria Pollutants Impact AQ -2: Operational Increases in Mitigation Measure AQ -2a: Utilize Measures 21-14 Significant Community Plan check Emissions beyond Bay Area Air Identified in URBEMIS 2002 Model to 22- 17 and Development, phase Quality Management District Threshold Minimize Air Pollutant Emissions Associated unavoidable Engineering Levels (S) with the Proposed Projects Impact AQ -3: Localized Increases in No mitigation is required. — Carbon Monoxide Concentrations at Intersections Affected by the University District Specific Plan Development (LTS) Impact AQ -4: Creation of No mitigation is required. — Objectionable Odors by Sources Associated with the University District Specific Plan (LTS) Impact AQ -5: Inconsistency with the No mitigation is available. Significant 2000 Clean Air Plan Caused by Growth and Associated with the University District unavoidable Specific Plan (S) 16 925300v1 80078/0016 EXHIBIT B CEQA MITIGATION MONITORING AND REPORTING PROGRAM (MMRP) AND ENVIRONMENTAL IMPACT CONCLUSIONS RELATED TO THE UNIVERSITY DISTRICT SPECIFIC PROJECT Impact and Level of Significance Prior Mitigation Measure Condition of Significance With Monitoring Monitoring To Mitigation. Approval Nos. Mitigation Responsibility Timeframes Biological Resources Impact BIO -1: Direct Loss of No mitigation is required. — Approximately 17.69 Acres of Waters of the United States (Including Wetlands) and 6.68 Acres of Waters of the State (LTS) [Impact BIO -2 was deleted from the final EIR and incorporated into BIO -1.] BIO -3: Potential Loss of Waters of the BIO -3a: Conduct a Wetlands Evaluation Prior SP - ld Less than Community Prior to United States, Including Wetlands, on to Development of the Abu - Halawa, Gee, and significant Development, entitlements for the Abu - Halawa, Gee, and Cotati- Cotati - Rohnert Park Unified School District RWQCB, these properties Rohnert Park Unified School District Properties Army Corps Properties (PS) of Engineers BIO -4: Disturbance of Riparian No mitigation is required. — Vegetation (LTS) BIO -5: Potential Disturbance of BIO -5a: Install Construction Barrier Fencing 21 - 15 Less than. PW Inspector Prior to Riparian Habitat during Construction to Protect Sensitive Biological Resources 22-18 significant construction (PS) Adjacent to the Construction Zone 23 - 12g adjacent to these 24 - 12h areas BIO -6: Potential Disturbance of Oak BIO -6a: Protect Oak Trees to be Preserved. 22-65 Less than PW Inspector Prior to Woodland (S) significant construction adjacent to these areas BIO -7: Potential Disturbance of Oak BIO -5a: Install Construction Barrier Fencing 21-15 Less than PW Inspector Prior to Woodland for Construction of the to Protect Sensitive Biological Resources 22-18 significant construction Potable Water Pipeline and Tank (S) Adjacent to the Construction Zone 23 - 12g adjacent to these BIO -6a: Protect Oak Trees to be Preserved. 24 - 12h areas 17 925300v1 80078/0016 EXHIBIT B CEQA MITIGATION MONITORING AND REPORTING PROGRAM (MMRP) AND ENVIRONMENTAL IMPACT CONCLUSIONS RELATED TO THE UNIVERSITY DISTRICT SPECIFIC PROJECT Impact and Level of Significance Prior Mitigation Measure g Condition of Significance Sig with Monitoring Monitoring To Mitigation. Approval Nos. Mitigation Responsibility Timeframes BI0-8: Potential Loss of Special - Status BI0-8a: Conduct Special- Status Plant SP - le Less than Community Prior to Plants (PS) Surveys in the Cotati - Rohnert Park Unified significant Development, entitlements for School District, Gee, and Abu - Halawa US Fish & these properties Portions of the Study Area Wildlife Service BIO -9: Disturbance of Central BIO -9a: Restrict Construction within 21-61 Less than PW Inspector Prior to California Coast Steelhead and Copeland Creek to the Summer Low- or No- significant construction Degradation of Habitat (S) Flow Period adjacent to these areas BIO -10: Potential Disturbance of BIO -10a: Contact U.S. Fish and Wildlife SP - if Less than Community Prior to California Tiger Salamanders and Their Service to Determine whether Protocol -Level significant Development, entitlements for Habitat (S) Upland Surveys for California Tiger US Fish & these properties Salamander on the Abu - Halawa, Gee, and Wildlife Cotati- Rohnert Park Unified School District Service Properties Are Warranted 13I0-11: Potential Disturbance or BIO -5a: Install Construction Barrier Fencing 21 - 15 Less than PW Inspector Prior to Mortality of Foothill Yellow- Legged to Protect Sensitive Biological Resources 22-18 significant construction Frogs (PS) Adjacent to the Construction Zone 23 - 12g adjacent to these 24 - 12h areas BI0-9a: Restrict Construction within Copeland Creek to the Summer Low- or No- 21-61 Flow Period BIO -12: Potential Disturbance or BIO -12a: Conduct a Preconstruction Survey 21 -62 Less than PW Inspector Prior to Mortality of Northwestern Pond Turtles for Northwestern Pond Turtles in Suitable 22-66 significant construction in (PS) Uplands. these areas 18 925300v1 80078/0016 EXHIBIT B CEQA MITIGATION MONITORING AND REPORTING PROGRAM (MMRP) AND ENVIRONMENTAL IMPACT CONCLUSIONS RELATED TO THE UNIVERSITY DISTRICT SPECIFIC PROJECT Impact and Level of Significance Prior Mitigation Measure Condition of Significance With Monitoring Monitoring To Mitigation. Approval Nos. Mitigation Responsibility Timeframes BIO -13: Potential Loss or Disturbance 1310- 13a: Conduct Preconstruction Surveys 21 -63 Less than PW Inspector Prior to of Breeding or Wintering Burrowing for Active Burrowing Owl Burrows and 22-64 significant construction in Owl (S) Implement the California Department of Fish these areas and Game Guidelines for Burrowing Owl Mitigation, if Necessary BIO -14: Potential Disturbance of BIO -5a: Install Construction Barrier Fencing 21-15 Less than PW Inspector Prior to Special - Status and Non - Special - Status to Protect Sensitive Biological Resources 22-18 significant construction Tree -, Shrub -, and Ground - Nesting Adjacent to the Construction Zone 23 - 12g adjacent to and Migratory Birds and Raptors (PS) 24 - 12h in these areas BIO -14a: Avoid Disturbance of Tree -, Shrub -, 21-64 and Ground- Nesting Special - Status and Non— 22-68 Special- Status Migratory Birds BIO -15: Introduction or Spread of BIO -15a: Avoid the Introduction or Spread of 21 -65 Less than PW Inspector During Noxious Weeds (S) Noxious Weeds into Previously Uninfested 22-69 significant construction Areas Cultural Resources C -1: Adverse Impacts on P -49 -3158 (S) C -1a: Establish a Monitoring Plan for P -49- 21-26 Less than Community Prior to 3158 22-29,30 significant Development construction in area C -2: Adverse Impacts on P -49 -3157, P- C -2a: Conduct a Full Data Recovery Program 21 -27 Less than Community Prior to 49 -3159, and P -49 -2796 (S) 22-31 significant Development construction in area C -3: Potential Adverse Impacts on C -3a: Historic American Building Survey SP- Ig Potentially Community Prior to Historic Structures within the Recordation, Relocation, and Sympathetic significant and Development, construction in University District Specific Plan Area Project Design unavoidable SHPO area (PS) 19 925300v1 80078/0016 EXHIBIT B CEQA MITIGATION MONITORING AND REPORTING PROGRAM (MMRP) AND ENVIRONMENTAL IMPACT CONCLUSIONS RELATED TO THE UNIVERSITY DISTRICT SPECIFIC PROJECT Impact and Level of Significance Prior Mitigation Measure - Condition of Significance With Monitoring Monitoring To Mitigation. Approval Nos. Mitigation Responsibility Timeframes C -4: Potential Impacts on C -4a: Identify Archaeological Sites in the SP - lh Less than Community Prior to Archaeological Sites (S) University District Specific Plan Area and significant Development construction in Implement Further Measures area C -5: Potential Impacts on Unidentified C -5a: Implement a Monitoring Program for 21-26 Less than Community During Buried Cultural Resources (S) Buried Cultural Resources 22-29 significant Development construction if located Geology and Soils GEO -1: Substantial Adverse Effects No mitigation is required. – Resulting from Surface Fault Rupture (LTS) GEO -2: Substantial Adverse Effects GEO -2a: Comply with Applicable Uniform 23 - 7r Less than Community During plan Resulting from Seismic Ground Building Code Standards 24 - 7r significant Development, check and Shaking — University District Specific Building building Plan Area (PS) Inspector inspections GEO -3: Substantial Adverse Effects No mitigation is required. – Resulting from Liquefaction (NI) GEO -4: Substantial Adverse Effects No mitigation is required. – Resulting from Landslides and Other Types of Slope Failures (NI) GEO -5: Substantial Adverse Effects GEO -5a: Comply with Recommendations of SP - li Less than Engineering Prior to and Resulting from Geologic Hazards— Geotechnical Report for the Offsite Water significant during Offsite Water Tank Site (PS) Tank Site construction of tank GEO -6: Construction- Related Soil No mitigation is required. Less than Erosion and Sedimentation (LTS) significant 20 925300v1 80078/0016 EXHIBIT B CEQA MITIGATION MONITORING AND REPORTING PROGRAM (MMRP) AND ENVIRONMENTAL IMPACT CONCLUSIONS RELATED TO THE UNIVERSITY DISTRICT SPECIFIC PROJECT Impact and Level of Significance Prior Mitigation Measure Condition of Significance with Monitoring Monitoring To Mitigation. Approval Nos. Mitigation Responsibility Timeframes GEO -7: Substantial Adverse Effects GEO -7a: Process Native Topsoil Prior to 21 -77 Less than PW Inspector During Resulting from Ground Settlement— Construction 22-81 significant construction University District Specific Plan Area (S) GEO -8: Substantial Adverse Effects GEO -8a. Design Foundations to Account for 23-7s Less than Community Reviewed Resulting from Expansive Soils— Expansive Soil Conditions 24-7s significant Development during plan University District Specific Plan Area check (PS) Hazards and Hazardous Materials HAZ -1: Create a Significant Hazard to No mitigation is required. – the Public or the Environment through the Routine Transport, Use, or Disposal of Hazardous Materials (LTS) 21 925300vl 80078/0016 EXHIBIT B CEQA MITIGATION MONITORING AND REPORTING PROGRAM (MMRP) AND ENVIRONMENTAL IMPACT CONCLUSIONS RELATED TO THE UNIVERSITY DISTRICT SPECIFIC PROJECT Impact and Level of Significance Prior To Mitigation. Mitigation Measure Condition of Approval Nos. Significance with Mitigation Monitoring Responsibility Monitoring Timeframes HAZ -2: Create a Significant Hazard to HAZ -2a: Follow City of Rohnert Park Fire 21 -78 Less than Department Prior to and the Public or the Environment through Department and Other Guidelines for Storage 22-82 significant of Public during Reasonably Foreseeable Upset and and Handling of Hazardous Materials Safety (DPS) construction Accident Conditions Involving the Release of Hazardous Materials into the HAZ -2b: Immediately Contain Spills, 21 -79 Environment (PS) Excavate Spill- Contaminated Soil, and 22-83 Dispose of It at an Approved Facility HAZ -2c: Develop and Implement Plans to 21 -80 Reduce Exposure of People and the 22-84 Environment to Hazardous Conditions during Construction Activities HAZ -2d: Screen Surface Soils in the Project Area for Residuals from Agricultural 21-81 Chemicals (Fertilizers and Pesticides) 22-85 HAZ -2e: Stockpile and Sample Excavated 21-82 Soils 22-86 22 925300vl 80078/0016 EXHIBIT B CEQA MITIGATION MONITORING AND REPORTING PROGRAM (MMRP) AND ENVIRONMENTAL IMPACT CONCLUSIONS RELATED TO THE UNIVERSITY DISTRICT SPECIFIC PROJECT Impact and Level of Significance Prior Mitigation Measure Condition of Significance with Monitoring Monitoring To Mitigation. Approval Nos. Mitigation Responsibility Timeframes HAZ -3: Emit Hazardous Emissions or HAZ -2a: Follow City of Rohnert Park Fire 21-78 Less than Department Prior to and Handle Hazardous or Acutely Department and Other Guidelines for Storage 22-82 significant of Public during Hazardous Materials, Substances, or and Handling of Hazardous Materials Safety (DPS) construction Waste within 0.25 Mile of an Existing or Proposed School (PS) HAZ -2b: Immediately Contain Spills, 21 -79 Excavate Spill- Contaminated Soil, and 22-83 Dispose of It at an Approved Facility HAZ -2c: Develop and Implement Plans to 21-80 Reduce Exposure of People and the 22-84 Environment to Hazardous Conditions during Construction Activities HAZ -2d: Screen Surface Soils in the Project 21 - 81 Area for Residuals from Agricultural 22-85 Chemicals (Fertilizers and Pesticides) HAZ -2e: Stockpile and Sample Excavated 21-82 Soils 22-86 HAZ -4: Located on a Site Included on a No mitigation is required. List of Hazardous Materials Sites Compiled Pursuant to California Government Code Section 65962.5 (LTS) . HAZ -5: Impair Implementation of, or No mitigation is required. — Physically Interfere with an Adopted Emergency Response Plan or Emergency Evacuation Plan (LTS) 23 925300v1 80078/0016 EXHIBIT B CEQA MITIGATION MONITORING AND REPORTING PROGRAM (MMRP) AND ENVIRONMENTAL IMPACT CONCLUSIONS RELATED TO THE UNIVERSITY DISTRICT SPECIFIC PROJECT Impact and Level of Significance Prior Mitigation Measure Condition of Significance with Monitoring Monitoring To Mitigation. Approval Nos. Mitigation Responsibility Timeframes HAZ -6: Expose People or Structures to HAZ -6a: Before Construction Begins, Clear 21-66 Less than PW Inspector Prior to a Significant Risk of Loss, Injury or Materials That Could Serve as Fire Fuel from 22-70 significant construction Death Involving Wildland Fires (PS) Areas Slated for Construction Activities HAZ -6b: Require that Spark- Generating 21-67 Construction Equipment be Equipped with 22-71 Manufacturers' Recommended Spark Arresters Noise'' N -1. Exposure of Existing Residential N -1a: Restrict Hours of Construction Activity 21-83 Less than PW Inspector Prior to and Uses and Future Residential Uses on N -lb: Disseminate Essential Information to 22-87 significant during the Project Site from Grading and Residences and Implement a construction Building Construction Activities (S) Complaint/Response Tracking Program N -lc: Locate Construction Equipment as Far Away from Residences as Feasible N -2: Exposure of Existing Residential No mitigation is required. — Uses and Future Residential Uses on the Project Site from Construction- Period Groundborne Vibration (LTS) N -3. Exposure of Offsite, Noise- No mitigation is required. — Sensitive Land Uses to Increased Traffic Noise (LTS) N -4 Exposure of New Noise - Sensitive N -4a: Ensure that Noise Levels at Residential 21-84 Less than Community During plan Land Uses to Noise (S) Outdoor Activity Areas Do Not Exceed 60 dB 22-88 significant Development check Ldn 23 - 7t 24 -7t N -4b: Apply Acoustical Insulation Treatments to Residential Units 24 925300v 1 80078/0016 EXHIBIT B CEQA MITIGATION MONITORING AND REPORTING PROGRAM (MMRP) AND ENVIRONMENTAL IMPACT CONCLUSIONS RELATED TO THE UNIVERSITY DISTRICT SPECIFIC PROJECT Impact and Level of Significance Prior Mitigation Measure Condition of Significance with Monitoring Monitoring To Mitigation. Approval Nos. Mitigation Responsibility Timeframes N -5: Exposure of Existing Offsite Available mitigation is not feasible. Significant Noise - Sensitive Land Uses to and Cumulative Traffic Noise (S) unavoidable Population and Housing POP -1: Directly Induce Substantial No mitigation is required. — Population Growth (LTS) POP -2: Indirectly Induce Substantial No mitigation is required. — Population Growth (LTS) POP -3: Displace Substantial Numbers No mitigation is required. of Existing Housing (LTS) POP -4: Displace Substantial Numbers No mitigation is required. of People (LTS) POP -5: Increase Availability of No mitigation is required. — Housing (B) Public 'Services PS -1: Increased Need for Police and No mitigation is required. Fire Facilities and Service (LTS) PS -2: Increased School Enrollment PS -2a: Payment of School Fees by Developer 23-5 Less than Applicable Building permit Associated with Buildout of University 24-5 significant School issuance District Specific Plan (S) District PS -3: Increased Demand For No mitigation is required. Recreational Facilities Resulting in Substantial Adverse Environmental Impacts or Result in Substantially Accelerated Physical Deterioration (LTS) 25 925300v1 80078/0016 EXHIBIT B CEQA MITIGATION MONITORING AND REPORTING PROGRAM (MMRP) AND ENVIRONMENTAL IMPACT CONCLUSIONS RELATED TO THE UNIVERSITY DISTRICT SPECIFIC PROJECT Impact and Level of Significance Prior Mitigation Measure Condition of Significance with Monitoring Monitoring To Mitigation. Approval Nos. Mitigation Responsibility Timeframes Transportation and Traffic 2007 Plus Early Project Phase TRA -1: Increased Congestion at TRA -la: Add a Center Turn Lane on Rohnert DA § 4.09A Less than Engineering, Improvement Sonoma State University Access upon Park Expressway Adjacent to Sonoma State (PFFP) significant PW Inspector plan review and Addition of Early Phase Project Traffic University Access during (PS) construction TRA -2: Impede Emergency Access in No mitigation is required. — Early Phase (LTS) TRA -3: Disruption of Alternative No mitigation is required. — Transportation Modes (LTS) 2012 Plus Project Buildout TRA -4: Unacceptable Level of Service TRA -4a: Install Traffic Signal at Snyder DA § 4.09B Less than Engineering, Improvement at Snyder Lane /Keiser Avenue Lane /Keiser Avenue Intersection significant PW Inspector plan review and Intersection (PS) TRA -4b: Widen Keiser Avenue Westbound DA § 4.09B during Approach and Snyder Lane construction TRA -5: Unacceptable Level of Service TRA -5a: Add Separate Left and Right Turn DA § 4.09B Less than Engineering, Improvement at Petaluma Hill Road/Keiser Avenue Lanes on Eastbound Keiser Avenue significant PW Inspector plan review and Intersection (PS) Approach. DA § 4.09B during TRA -5b: Add a Center Turn Lane on construction Petaluma Hill Road Adjacent to Keiser Avenue TRA -6: Unacceptable Level of Service TRA -6a: Widen Snyder Lane between Keiser PFFP Less than Engineering, Improvement at Rohnert Park Expressway /Snyder Avenue and Southwest Boulevard. significant PW Inspector plan review and Lane Intersection (PS) TRA -6b: Reconfigure Rohnert Park DA § 4.09A during Expressway /Snyder Lane Intersection (PFFP) construction 26 925300v1 80078/0016 EXHIBIT B CEQA MITIGATION MONITORING AND REPORTING PROGRAM (MMRP) AND ENVIRONMENTAL IMPACT CONCLUSIONS RELATED TO THE UNIVERSITY DISTRICT SPECIFIC PROJECT Impact and Level of Significance Prior Mitigation Measure Condition of Significance With Monitoring Monitoring To Mitigation. Approval Nos. Mitigation Responsibility Timeframes TRA -7: Unacceptable Level of Service TRA -7a: Install Traffic Signal or Roundabout DA § 4.09A Less than Engineering, Improvement at Rohnert Park Expressway /Sonoma at Rohnert Park Expressway /Sonoma State (PFFP) significant PW Inspector plan review and State University Access Intersection University Access Intersection during (PS) construction TRA -8: Unacceptable Level of Service TRA -8a: Add Southbound Right Turn Lane DA § 4.09A Less than Engineering, Improvement at Rohnert Park Expressway /Petaluma and Separate Eastbound Left and Right Turn (PFFP) significant PW Inspector plan review and Hill Road Intersection (PS) Lanes at Rohnert Park Expressway/Petaluma during Hill Road Intersection construction TRA -9: Increased Congestion at Adobe TRA -9a: City of Rohnert Park Coordination DA Significant Community Ongoing Road/Petaluma Hill Road in Penngrove with Sonoma County Transportation and Development; (S) Authority and Sonoma County unavoidable SCTA TRA -10: Impede Emergency Access at No mitigation is required. 2012 Buildout (LTS) TRA -11: Provision of Access Control TRA -11 a: Prepare Plans Showing Access 21 - 11 Less than Engineering, Improvement on Rohnert Park Expressway at 2012 Strategy for Each of the University District 21-72 significant PW Inspector plan review Scenario (PS) Specific Plan Area Intersections on Rohnert 22-76 Park Expressway *these conditions generally address circulation TRA -12: Disruption of Alternative No mitigation is required. — Transportation Modes at 2012 Buildout (LTS) 27 925300v 1 80078/0016 EXHIBIT B CEQA MITIGATION MONITORING AND REPORTING PROGRAM (MMRP) AND ENVIRONMENTAL IMPACT CONCLUSIONS RELATED TO THE UNIVERSITY DISTRICT SPECIFIC PROJECT Impact and Level of Significance Prior Mitigation Measure Condition of Significance with Monitoring Monitoring To Mitigation. Approval Nos. Mitigation Responsibility Timeframes 2020 Plus Project Buildout TRA -13: Unacceptable Level of TRA -4a: Install Traffic Signal at Snyder DA § 4.09B Less than Engineering, Improvement Service at Snyder Lane /Keiser Avenue Lane/Keiser Avenue Intersection significant PW Inspector plan review and Intersection (S) TRA -4b: Widen Keiser Avenue Approach DA § 4.09B during and Snyder Lane construction TRA -14: Unacceptable Level of TRA -14a: Signalize Petaluma Hill DA § 4.09B Less than Engineering, Improvement Service at Petaluma Hill Road/Keiser Road/Keiser Avenue Intersection significant PW Inspector plan review and Avenue Intersection (S) during construction TRA -15: Unacceptable Level of TRA -6a: Widen Snyder Lane between Keiser PFFP Less than Engineering, Improvement Service at Rohnert Park Avenue and Southwest Boulevard. significant PW Inspector plan review and Expressway /Snyder Lane Intersection TRA -6b: Reconfigure Rohnert Park during (S) Expressway /Snyder Lane Intersection construction TRA -16: Unacceptable Level of TRA -7a: Install Traffic Signal or Roundabout DA § 4.09A Less than Engineering, Improvement Service at Rohnert Park at Rohnert Park Expressway /Sonoma State (PFFP) significant PW Inspector plan review and Expressway /Sonoma State University University Access Intersection during Access Intersection (S) construction TRA -17: Unacceptable Level of TRA -8a: Add Southbound Right Turn Lane DA § 4.09A Less than Engineering, Improvement Service at Rohnert Park and Separate Eastbound Left and Right Turn (PFFP) significant PW Inspector plan review and Expressway /Petaluma Hill Road Lanes at Rohnert Park Expressway /Petaluma during Intersection (S) Hill Road Intersection construction TRA -18: Increased Congestion at East TRA -18a: City of Rohnert Park Coordination DA § 4.02A Significant Community Ongoing Cotati Avenue /Old Redwood Highway with City of Cotati and Development; Intersection (S) unavoidable City of Cotati TRA -19: Increased Congestion at TRA -9a: City of Rohnert Park Coordination DA § 4.02A Significant Community Ongoing Adobe Road/Petaluma Hill Road and with Sonoma County Transportation and Development; Main Street/Old Redwood Highway Authority and Sonoma County unavoidable SCTA Intersections in Penngrove (S) . 28 925300vl 80078/0016 EXHIBIT B CEQA MITIGATION MONITORING AND REPORTING PROGRAM (MMRP) AND ENVIRONMENTAL IMPACT CONCLUSIONS RELATED TO THE UNIVERSITY DISTRICT SPECIFIC PROJECT Impact and Level of Significance Prior Mitigation Measure Condition of Significance with Monitoring .Monitoring To Mitigation. Approval Nos. Mitigation Responsibility Timeframes TRA -20: Impede Emergency Access at No mitigation is required. — 2020 Buildout (LTS) TRA -21: Disruption of Alternative No mitigation is required. — Transportation Modes at 2020 Buildout (LTS) TRA -22: Unacceptable Level of No mitigation is feasible. Significant Service on U.S. 101 (Significant and and . Unavoidable) (S) unavoidable Utilities and Service Systems' UT-1: Temporary Increase in Solid No mitigation is required. — Waste Generation (LTS) UT -2: Increase in Solid Waste No mitigation is required. — Generation Associated with University District Specific Plan Implementation (LTS) UT -3: Increased Demand for Energy No mitigation is required. — Associated with University District Specific Plan Implementation (LTS) UT -4: Increased Demand for No mitigation is required. — Communications Associated with University District Specific Plan Implementation (LTS) UT -5: Increased Wastewater No mitigation is required. — Generation Associated with University District Specific Plan Implementation (LTS) 29 925300v1 80078/0016 EXHIBIT B CEQA MITIGATION MONITORING AND REPORTING PROGRAM (MMRP) AND ENVIRONMENTAL IMPACT CONCLUSIONS RELATED TO THE UNIVERSITY DISTRICT SPECIFIC PROJECT Impact and Level of Significance Prior Mitigation Measure Condition of Significance with Monitoring Monitoring To Mitigation. Approval Nos. Mitigation Responsibility Timeframes Water Resources WR -1: Change in Drainage Patterns WR -1a: Implement Recommendations of 21 - 19 -21, 46- Less than Engineering, Improvement (PS) Storm Water Quality Management Plan and 48 significant PW Inspector plan review and Storm Drainage Detention Analysis 22 - 22 -25, 50- during 51 construction WR -2: Water Quality Impacts from WR -la: Implement Recommendations of 21 - 19 -21, 46- Less than Engineering, Improvement Increased Runoff (PS) Storm Water Quality Management Plan and 48 significant PW Inspector plan review and Storm Drainage Detention Analysis 22 - 22 -25, 50- during 51 construction WR -2a: Street Sweeping 21-49 22 -52 WR -2b: Best Management Practices to 21 -50 Maximize Storm Water Quality 22-53 WR -3: Construction- Related Water WR -2b: Best Management Practices to 21-50 Less than Engineering, Improvement Quality Effects (S) Maximize Storm Water Quality 22-53 significant PW Inspector plan review and during construction WR -4: Potential Contamination from WR -4a: Implement a Spill Prevention and 21-51 Less than Engineering, Improvement Construction Vehicles and Equipment Control Program 22-54 significant PW Inspector plan review and Spills (PS) during WR -4b: Implement Measures to Maintain 21 -81 construction Groundwater or Surface Water Quality 22 -85 WR -5: Flood Hazard (S) WR -5a: Construct Structures Outside of the 21 -68 Less than Engineering, Improvement 100 -Year Floodplain 22-72 significant PW Inspector plan review and during construction 30 925300v1 80078/0016 EXHIBIT B CEQA MITIGATION MONITORING AND REPORTING PROGRAM (MMRP) AND ENVIRONMENTAL IMPACT CONCLUSIONS RELATED TO THE UNIVERSITY DISTRICT SPECIFIC PROJECT Impact and Level of Significance Prior Mitigation Measure Condition of Significance With Monitoring Monitoring To Mitigation. Approval Nos. Mitigation Responsibility Timeframes WR -6: Seiche, Tsunami, or Mudflow No mitigation is required. — Hazards (LTS) WR -7: Groundwater Quantity (LTS) No mitigation is required. — WR -8: Insufficient Surface Water No mitigation is required. — Quantity (LTS) WR -9: Use of Recycled Water (LTS) No mitigation is required. Growth-Inducing Impacts GI -1: Induce Indirect or Direct Growth No mitigation is required. — (LTS) GI -2: Removal of a Potential Obstacle No mitigation is required. — to Growth (LTS) GI -3: Tax Community Services or No mitigation is required. — Facilities to an Extent that New Services or Facilities Would Be Necessary (LTS) Cumulative Impacts CE -1: Cumulative Loss of Open Space No additional mitigation is available. Significant Lands(S) and unavoidable CE -2: Cumulative Effect on Aesthetic No mitigation is required. and Visual Resources (LTS) CE -3: Cumulative Effect of Conversion No feasible mitigation is available. Significant of Agricultural Lands (S) and unavoidable 31 925300v1 80078/0016 EXHIBIT B CEQA MITIGATION MONITORING AND REPORTING PROGRAM (MMRP) AND ENVIRONMENTAL IMPACT CONCLUSIONS RELATED TO THE UNIVERSITY DISTRICT SPECIFIC PROJECT Impact and Level of Significance Prior Mitigation Measure Condition of with Significance Monitoring Monitoring To Mitigation. Approval Nos. Mitigation Responsibility Timeframes CE -4: Cumulative Effect on Air Quality No further mitigation is feasible. Significant (S) and unavoidable CE -5: Cumulative Effect on Biological Mitigation Measures BIO -2a, BIO -4a, BIO- Significant Resources (S) 5a, BIO -6a, BIO -7a, BIO -8a, BIO -9a, BIO- and 10a, BIO -12a, and BIO -13a unavoidable CE -6: Cumulative Effect on Cultural No mitigation is required. — Resources (NI) CE -7: Cumulative Land Use Impacts No mitigation is required. — (LTS) CE -8: Cumulative Land Use Impacts No additional mitigation is available. Significant Related to Loss of Open Space (S) and unavoidable CE -9: Cumulative Effect on Noise (S) No feasible mitigation is available. Significant and unavoidable CE -10: Cumulative Effect of No mitigation is required. — Population Growth in the City of Rohnert Park (LTS) CE -11: Cumulative Effect on Public No mitigation is required. — Services and Utilities (LTS) CE -12: Cumulative Effect on Roadways and Intersections in the Study Area (for significance and mitigation, see Impacts TRA -4 to TRA- 21 above) CE -13: Cumulative Increase in Water No mitigation is required. — Supply Demand (LTS) 32 925300v1 80078/0016 EXHIBIT B CEQA MITIGATION MONITORING AND REPORTING PROGRAM (MMRP) AND ENVIRONMENTAL IMPACT CONCLUSIONS RELATED TO THE UNIVERSITY DISTRICT SPECIFIC PROJECT Impact and Level of Significance Prior Mitigation Measure Condition of with Significance Monitoring Monitoring To Mitigation. Approval Nos. Mitigation Responsibility Timeframes CE -14: Cumulative Increase in No mitigation is required. — Stormwater Runoff from the Proposed Project and Related Projects (LTS) 33 9253000 80078/0016 Memorandum To: Rohnert Park City Council Members From: Darrin Jenkins P.E., City Engineer Re: University District Specific Plan Area Compliance with Resolution 2004 -95 and Senate Bill 221 Date: May 16, 2006 Introduction On April 27, 2004, the City Council of the City of Rohnert Park (City) adopted Resolution 2004 -95 - A Resolution of the City Council of the City of Rohnert Park Implementing Requirements Imposed on Specific Plan Areas Outside the City's 1999 Boundaries (Water Policy Resolution). The Water Policy Resolution outlines information regarding water use that must be submitted by any developer proposing a project or projects within the Specific Plan Areas designated in the General Plan. The Water Policy Resolution also directs the City Engineer to review this information and reach a determination as to whether or not the proposed new water uses will cause the City's Average Annual Groundwater Pumping Rate (as defined in Section 4.a of the Water Policy Resolution) to exceed 2.3 million gallons per day (mgd). The City Engineer must make this determination, and the Council must consider this determination, prior to the first discretionary approval for a project. The City. Council is considering the approval of the University District Environmental Impact Report, Specific Plan, General Plan Amendments and Tentative Maps. Together this package of approvals constitutes the first discretionary approval for the University District Project. The City's Final Water Supply Assessment, January 2005 (WSA), included the University District Specific Plan Area in its analysis and concluded that the City's total water supplies available during normal, single -dry, and multiple -dry years could meet the projected demand associated with the University District's proposed buildout. The Water Policy Resolution requires specific documentation and analysis for areas outside of the City's 1999 boundaries. The University District proponent (Applicant) has submitted the project specific documentation which is attached. This memorandum summarizes the information provided by the Applicant and provides my conclusions. Findings in Accordance with the Water Policy Resolution 1. Section 1 of the Water Policy Resolution states that it applies to the Specific Plan Areas outside of the City's 1999 boundaries that are identified in the General Plan. The University District Specific Plan Area is outside the City's 1999 boundaries, identified in the General Plan and subject to the Water Policy Resolution. 2. Section 2 of the Water Policy Resolution requires that the CEQA document for any project subject to the Water Policy Resolution include information on water demands, water supplies and water supply sufficiency under a range of hydrologic conditions. The environmental impact report (EIR) for the University District included the City's Water Supply Assessment which provided this information in a comprehensive fashion suitable for cumulative impact analysis. Table 1, below, summarizes the WSA sufficiency analysis. 6750 Commerce Boulevard Rohnert Park, CA 94928 -2486 •.(707) 588 -2232 • Fax (707) 588 -2238 • www.rpeity.org Rohnert Park City Council Members Page 2 University District Specific Plan Area - Compliance with Resolution 2004 -95 May 16, 2006 Table 1 Summary Sufficiency Findings Dry Year Supply Demand Comparison Normal Single Dry Multiple Dry 1 2 3 Water Demand in AFY Customer Use Unit/Acre Per Total Non - Irrigation Demands 8,112 6,490 7,301 7,301 7,301 Irrigation from the Potable System 85 68 76 76 76 Irrigation from the Recycled Water System 1,302 1,302 1,302 1,302 1,302 Total 9,499 7,859 8,679 8,679 8,679 Water Supplies in AFY Attached (a) 228 Agency Supply* 6,476 5,250 6,000 6,000 6,000 Groundwater Supply 2,577 2,577 2,577 2,577 2,577 Recycled Water Supply 1,302 1,302 1,302 1,302 1,302 Total 10,355 9,129 9,879 9,879 9,879 Sufficiency (Supply Less Demand) 856 1,269 1,200 1,200 1,200 3. Section 3 of the Water Policy Resolution requires that any tentative map "be conditioned upon identification, before final map approval, of the water supply that is projected to serve the Project." Section 3 also states that groundwater may not be pumped from any new or existing private wells within the boundaries of zip code 94951. The Tentative Map for the proposed University District Project is conditioned as required by the Water Policy Resolution. The City does not and is not proposing to pump water from wells within the boundaries of zip code 94951. 4. Section 4.b.1 of the Water Policy Resolution requires that the Applicant submit its projected potable water demand without any water conservation or water use offsets. The Applicant has determined the projected water demand using reasonable information and methodologies. Table 2 below summarizes the Applicant's submittal. Table 2 Demand Projections Proposed University District Specific Plan Gallons per Customer Use Unit/Acre Per Dwelling Gallons Per Acre Feet Per Category Day Units Acres Day Year Single Family Detached (a) 342 883 - 302,272 339 Single Family' Attached (a) 228 214 48,851 55 Multi Family (a) 183 548 100,206 112 Second Units 84 126 , , 10,527 12 Commercial /Retail (a) 1,934 7.2 13,925 16 Irrigation-potable b 2,234 20.3 1 45,440 51 Totals 1 521,220 584 Notes: UDSP Project is the project described in the UDSP EIR, March 2006. (a) Includes all associated irrigation demand. (b) Includes Parks, Private Recreation Areas and Irrigated Trail and Buffer Areas Rohnert Park City Council Members Page 3 University District Specific Plan Area — Compliance with Resolution 2004 -95 May 16, 2006 5. Section 4.b.2 of the Water Policy Resolution requires that the Applicant submit a list of water conservation practices and estimated water savings from these practices. The Applicant has identified water conservation practices that are acceptable and consistent with the City's Water Conservation Program. Additionally, the Applicant has determined projected water savings using reasonable information and methodologies. Table 3, below summarizes the Applicant's submittal. Table 3 Water Conservation Practices Savin s Parameter Applied Gallons Gallons Per % of Per Dwelling % of Potable Capita Unit per Potable Inside Customer Use Category Per Day Dav Irri ation Use Recycled Water Irrigation (Parks, Private Recreation)* Residential 2.5 17.3 44 On -site Recycled Water Use: Low Flush Toilet ( <1.6 gpo 10.4 Residential ac- ft/yr /ac 3.2 Low Flow Faucets w. Aerators (<2.2 gpm) 1.6 Commercial ac-ft/ r/ac 1.8 2.9 Low Flow Shower Heads ( <2.5 gpm) 2.4 50.0 144 High Efficiency Clothes Washers 5.5 ET Controllers * 18% Submeter Multi Family units 21.8 Sub -total — Residential 19.8 21.8 Commercial and Potable Irrigation Only Areas: Commercial - Inside ** 15% ET Controllers - Irrigation Only Meters 26% Sub -total — Commercial Evapo- transpiration Controllers for Dwelling Units with Greater than 2,500 square feet of permeable * area. ** When appropriate commercial development additional features will include Water Conserving Faucets, Air - cooled Non -Self Cleaning Icemakers, High Efficiency Commercial Clothes Washers, High Efficiency Commercial Dishwashers, Air - cooled Air Conditioners, Air - cooled Refrigerators, Air - cooled Condensers, Self- contained connectionless type Food Steamers, Self- closing valve type Pre -rinse Spray Valves, Recirculating Filter Fountains 6. Section 4.b.3 of the Water Policy Resolution requires that the Applicant identify recycled water use that is proposed for the project. Applicant has identified proposed recycle water use. Table 4 below summarizes city staffs determination of recycled water use for the project based upon the Applicant's submittal, with adjustments made by city staff. Table 4 University District Specific Plan Recycled Water Use Customer Use Category Units Rate Acres ac-ft/ r Recycled Water Irrigation (Parks, Private Recreation)* ac- ft/yr /ac 2.5 17.3 44 On -site Recycled Water Use: Residential ac- ft/yr /ac 3.2 29.8 95 Commercial ac-ft/ r/ac 1.8 2.9 5 Totals 50.0 144 * Includes trails and buffer areas with the exception of buffer areas located near creeks. Rohnert Park City Council Members Page 4 University District Specific Plan Area - Compliance with Resolution 2004 -95 May 16, 2006 Section 4.b.4 of the Water Policy Resolution requires that the Applicant identify any Water Use Offsets - defined as water conservation or recycling outside the limits of its development. The Applicant is not proposing water use offsets outside the limits of its development project. 8. Section 4.b.5 of the Water Policy Resolution requires that the Applicant estimate the Project's Net Consumptive Use Impact taking into account water conservation, water recycling and offsets. Table 5 summarizes three comparative scenarios (WSA, Applicant's, and Applicant's less recycled water use). The table illustrates that the Applicant's proposal, even without recycled water use, results in less Net Consumptive Use than was anticipated by the WSA. Table 5 Comparison of UDSP Project with WSA Projections UDSP without WSA UDSP Recycled Water Gallons Acre Feet Gallons Acre Feet Gallons Acre Feet Category Da Per Year Per Da Per Year Per Da Per Year Single Family Detached [Per 195,480 219.0 302,272 338.6 302,272 338.6 Single Family Attached 97,730 109.5 48,851 54.7 48,851 54.7 Multi- family 116,800 130.8 100,206 112.2 100,206 112.2 Second Units N.I. N.I. 10,527 11.8 10,527 11.8 Sub -Total 410,010 459.3 461,856 517.3 461,856 517.3 Commercial /Retail 48,800 54.7 13,925 15.6 13,925 15.6 Irrigation - potable N.I. N.I. 6,264 7.0 6,264 7.0 Irrigation - Parks 50,819 56.9 39,170 43.9 39,170 43.9 Gross Water Demand 509,629 571 521,215 584 521,215 584 Water Conservation Practices Included Above 98,030 110 98,030 110 Gross Demand less Conservation Practices 509,629 570.9 423,185 474.0 423,185 474.0 Irrigation - recycled (Parks) 50,819 56.9 On -site Recycled Water Use: Residential N.I. N.I. 84,558 94.7 N.I. N.I. Commercial N.I. N.I. 4,657 5.2 N.I. N.I. Parks, Private Recreation and Other N.I. N.I. 39,170 43.9 N.I. N.I. Total Recycled Water Use 50,819 57 128,385 144 0 0 Net Potable Consumptive Use 458,810 514 294,800 330 423,185 474 Notes: N.L. Means "not identified" Section 4.b.6 of the Water Policy Resolution requires that the Applicant provide an estimate of the "buildout year" defined as the year when 80 percent of the commercial and residential development have been constructed and occupied. The Applicant has indicated that 2010 is its "buildout year ". Additional Analysis Supporting Conclusions The Applicant's analysis clearly indicates that its water demands will be less than the projections set forth in the WSA. However the WSA's sufficiency analysis is also premised on the additional analysis of the water demand trends of existing water customers and an analysis of the effects of City pumping on groundwater levels. Data on existing customer demands and groundwater levels has been collected and analyzed since the completion of the WSA to verify that the conclusions of the WSA remain valid. While this analysis is not required by the Rohnert Park City Council Members Page 5 University District Specific Plan Area — Compliance with Resolution 2004 -95 May 16, 2006 Water Policy Resolution, it is a helpful check on the City's water management strategy and provides the Council with additional information related to supply sufficiency. 1. Current water demands remain below the projections of the WSA. The figure below illustrates the average potable water demand projected in the WSA for 2005 and actual metered readings for 2004 and 2005. Both 2004 and 2005 were below the WSA projections. In fact, 2005 actual use was 15% below the WSA projections, further validating the conclusions of the WSA. 8,000 7,000 8,000 5,000 m m N a Z 4,000 CD m U a 3,000 2,000 1,000 Total Potable Water Use WSA 2005 Actual 2004 Actual 2005 2. Groundwater levels continue to rise as a result of the City's re- operation strategy. The attached chart (Figure 2) updates Figure 3 -32 of the WSA with two additional years of water level monitoring data. The figure shows water levels are higher than they have ever been measured in those wells. Rising groundwater levels remain a clear indication that the groundwater basin is not in a state of overdraft. Senate Bill 221 Senate Bill 221 (SB 22 1) is a companion to Senate Bill 610, the law that required the City to prepare its Water Supply Assessment. SB 221 applies to developments of 500 residential units or more and to commercial or mixed use developments that have water use equivalent to 500 residential units (this is the same trigger as imposed by Senate Bill 610). The University District development does need SB 221 findings. SB 221 is intended to provide a "fail- safe" check on the Water Supply Assessment by requiring written water supply verification prior to approval of a subdivision's Final Map. SB 221 imposes two requirements that the City must meet. These are: Rohnert Park City Council Members Page 6 University District Specific Plan Area — Compliance with Resolution 2004 -95 May 16, 2006 Any Development Agreement that covers a "subdivision" subject to SB 221 shall include a provision that the Tentative Map for the Subdivision will be conditioned to comply with SB 221. 2. Approval of a Final Map for the "subdivision" will be subject to formal written verification supported by substantial evidence that sufficient water supply can be provided to meet the projected demand associated with the subdivision. The proposed Development Agreement for the University District includes the required SB 221 provisions within Section 3.09 Vesting Tentative Maps. In addition, as noted under Findings in Compliance with the Water Policy Resolution, above, the proposed Tentative Map is conditioned upon identification, before Final Map approval, of the water supply that is projected to serve the project. This condition satisfies both the Water Policy Resolution and the requirements of SB 221 for issuance of the tentative map approval. The proposed Final Maps for the University District have not been submitted to the City for consideration. Therefore, it is not necessary to make the specific SB 221 required written verification of water supply. The Council will have the opportunity to consider additional information related to water supply prior to Final Map approval and will, at that time, have another opportunity to review the proposed development with respect to water supply. The City's Water Policy Resolution effectively supplements SB 221 by requiring a review at the "first discretionary approval ". SB 221 will require a subsequent review at Final Map approvals. Conclusions 1. The Applicant's proposed water conservation and offset practices are reasonable based on industry standards and the City's experience with implementation of plumbing code and the California Urban Water Conservation Council Best Management Practices. The Applicant's proposed long -term operational strategy is reasonable, provides funding to assure that water conservation savings are maintained, and can be supported by the City's own Water Conservation Program. Based upon review of the Applicant's submittal, review of existing City customers' water use patterns, and review of the City's water supply management since 2003, the proposed development will not exceed the water demand projections outlined in the Citywide Water Supply Assessment dated January 2005. 4. Because the projected demands will not exceed those outlined in the WSA, the City will be able to manage the new Net Consumptive Use under all hydrologic conditions using the mix of water supplies outlined in the WSA. 5. The mix of water supplies outlined in the WSA included groundwater use at 2,577 acre -feet per year or an average of 2.3 mgd. Based on the information submitted and the City Engineer's analysis, the project will not cause the City to exceed an Average Annual Groundwater Pumping Rate of 2.3 mgd. 6. Because the Project will not cause the Average Annual Groundwater Pumping Rate to exceed 2.3 mgd, even without the use of recycled water for irrigation (see Table 5), the constraints imposed in Section 4.d of the Water Policy Resolution do not apply and the City Council is not precluded from approving the Project for reasons related to water supply. 7. The project will not impact industrial or agricultural water demands or supplies as those were accounted for in the WSA. Rohnert Park City Council Members Page 7 University District Specific Plan Area — Compliance with Resolution 2004 -95 May 16, 2006 �j IN� r. 0' 250- N 500' i000l O LEGEND ESTATE DENSITY HICH DENSITY LAND USE PLAN LOW DENSITY Ccv"ERCIAL/mlxED- USE UNIVERSITY DISTRICT SPECIFIC PLAN D MEDIUM DENSITY OPEN SPACE /WC TI-ANOS/SASIN ROHNERT PARK, CA MEDIUM DENSITY-AILLEY PARK/REC AREAS EXHIBIT I'D" EXHIBIT "E11 < South' North> GREEN MUSIC - RESIDENTIAL/ CENTER 90.0' IMPROVED RIGHT OF WAY COMMERCIAL - OPEN 73.0' BACK OF CURB TO BACK OF CURD 11.0' 6.0' SPACE 5.0' 11.0' LEFT 28.0' TRAVEL WAY EDI TURN LANE 28.0' TRAVEL WAY - -- NOT A PART OF I CONCRETE THE SPECIFIC-./ SIDEWALK PLAN ROHNERT PARK EXPRESSWAY LANDSCAPE AT GREEN MUSIC CENTER /RESIDENTIAL /COMMERCIAL �4 Figure 3.2 -9 Section of Rohnert Park Expressway At Sonoma State University Concert Hall