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2005/09/27 City Council Resolution (4)RESOLUTION NO. 2005- 295 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK, CALIFORNIA, CERTIFYING A NEGATIVE DECLARATION FOR A GENERAL PLAN AMENDMENT, REZONING, AND SITE PLAN AND ARCHITECTURAL REVIEW FOR A 5.61 ACRE SITE LOCATED ON THE SOUTHWESTERLY CORNER OF REDWOOD DRIVE AND MARTIN AVENUE, MORE PRECISELY KNOWN AS ASSESSOR'S PARCEL NUMBERS 143 - 040 -094, AND -108 (Ashley Furniture /David Jarvie) WHEREAS, the applicant, Ashley Furniture/David Jarvie , has submitted applications for a General Plan Amendment, Rezoning, and Site Plan and Architectural Review for the property located on the southwest corner of Martin Avenue and Redwood Drive (APN 143 -040- 94 and -108); and WHEREAS, the Planning Commission reviewed the Initial Study prepared for the project; determined the project would not have a significant effect on the environment; accordingly directed staff to prepare a Negative Declaration; and has otherwise carried out all requirements of the California Environmental Quality Act; and WHEREAS, pursuant to California State Law, the Initial Study and Negative Declaration were circulated for a period of no less than 30 days and a Notice of Intent was published prior to that circulation period in the Press Democrat; and WHEREAS, on September 8, 2005, the Planning Commission held a public hearing at which time interested persons had an opportunity to testify regarding the Initial Study and Mitigated Negative Declaration; and, WHEREAS, on September 27, 2005, the City Council held a public hearing at which time interested persons had an opportunity to testify regarding the Initial Study and Negative Declaration; and, WHEREAS, the Planning Commission and the City Council of the City of Rohnert Park have 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 Planning Application PL2005- 037GP /RZ /SR 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 Mitigated Negative Declaration will 1 be approved which reflects the lead agency's independent judgement 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. The project site has been previously disturbed by rough grading. There are no native species or plants, no unique, rare, threatened, or endangered species of plants, no sensitive native vegetation on or adjacent to the site. Further, there is no indication that any wildlife species exist, or that the site serves as a migration corridor. 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 is hereby adopted. NOW THEREFORE BE IT RESOLVED, that the City Council does hereby adopt the Initial Study and Negative Declaration for No. PL2OO5- O37GP /RZ /SR for 5.61 acres located on the southwesterly corner of Redwood Drive and Martin Avenue (APN 143- 040 -094 and -108) DULY AND REGULARLY ADOPTED on this 27th day of September, 2005, by the City of Rohnert Park City Council. CITY OF ROMWRT PARK MAYOR Attest: BREEZE: AYE FL ORES: AYE SMITH: AYE VIpAK- MAR TINEZ: AYE MACKENZIE: AYE AYES: (5) NOSES: (0) ABSENT: (0) ABSTAIN. (0) 2