2005/02/22 City Council Resolution (10)RESOLUTION NO. 2005-42
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROHNERT PARK, CALIFORNIA, CERTIFYING A NEGATIVE DECLARATION
FOR AN ORDINANCE OF THE CITY OF ROHNERT PARK, CALIFORNIA, ADDING
CHAPTER 15.50 EXCAVATIONS, GRADING AND FILLS TO TITLE 15 BUILDING
AND CONSTRUCTION OF THE ROHNERT PARK MUNICIPAL CODE
WHEREAS, the applicant, City of Rohnert Park, has submitted an application for
amendments to the Rohnert Park Municipal Code; and
WHEREAS, Staff has prepared an Initial Study for the project, has determined that the
project would have no significant effect on the environment, and recommends that a Negative
Declaration be adopted for the project; and
WHEREAS, pursuant to California State Law, the Initial Study and Negative
Declaration were circulated for a period of no less than 20 days and a Notice of Intent was
published prior to that circulation period in the Press Democrat; and
WHEREAS, on February 22, 2005, the City Council held a public meeting at which time
interested persons had an opportunity to comment regarding the Initial Study and Negative
Declaration; and,
WHEREAS, the City Council of the City of Rohnert Park has reviewed and considered
the information contained in the Initial Study and Negative Declaration 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. Findings. The City Council, in approving the Initial Study and Negative
Declaration for this project makes the following findings; to wit:
Environmental
1. An Initial Study was prepared for the project, and on the basis of substantial evidence in the
whole record before the Commission, there is no substantial evidence that the project will
have a significant effect on the environment, therefore a Negative Declaration will be
approved which reflects the lead agency's independent judgment and analysis. The record of
the proceeding on which this decision is based shall be maintained by the Planning Director
in the City of Rohnert Park Planning Department.
2. The project would not result in an impact to endangered, threatened or rare species or their
habitats, including but not limited to plants, fish, insects, animals and birds. A DeMinimus
impact finding can be made for this project.
Section 3. Environmental Clearance. An Initial Study was prepared for this project
and indicates that the project will not have a significant effect on the environment, and
accordingly a Negative Declaration, therefore, is hereby adopted.
NOW THEREFORE BE IT RESOLVED, that the City Council does hereby adopt the
Initial Study and Negative Declaration for the Ordinance adding Chapter 15.50 Excavations,
Grading and Fills to Title 15 Building and Construction of the Rohnert Park Municipal Code.
DULY AND REGULARLY ADOPTED on this 22nd day of February, 2005, by the City
of Rohnert Park City Council.
CITY OF ROHNERT PARK
Ma e Mackenzie
APPROVED AS TO FORM:
Assistant City Attorney Gabrielle P. Whelan
FLORES: AYE SMITH: AYE SPRADLIN: AYE VIDAK MARTINEZ: AYE MACKENZIE: AYE
AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0)
2