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2004/09/14 City Council ResolutionRESOLUTION NO. 2004-215 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK, CALIFORNIA, CERTIFYING A NEGATIVE DECLARATION FOR AN ORDINANCE AMENDING CHAPTER 1.24 OF THE ROHNERT PARK MUNICIPAL CODE (NUISANCE ABATEMENT ORDINANCE) WHEREAS, the applicant, City of Rohnert Park, has submitted an application for amendments to Chapter 1.24 of the Rohnert Park Municipal Code (Nuisance Abatement Ordinance); and WHEREAS, an Initial Study was prepared for the project and determined that a Negative Declaration should be prepared for the project in conformance with the requirements of the California Environmental Quality Act; and WHEREAS, pursuant to California State Law, the Initial Study and Negative Declaration were circulated for a period of no less than 20 days and a Notice of Intent was published prior to that circulation period in the Press Democrat; and WHEREAS, on July 8, 2004, the Planning Commission 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 reviewed the Initial Study prepared for the project; determined the project would not have a significant effect on the environment; recommended that the City Council adopt a Negative Declaration for the project; and has otherwise carried out all requirements of the California Environmental Quality Act; and WHEREAS, on September 14, 2004, the City Council held a public hearing at which time interested persons had an opportunity to testify regarding the Initial Study and Negative Declaration; and, WHEREAS, the City Council of the City of Rohnert Park makes the following findings: NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROHNERT PARK DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct. Section 2. Findings. The City Council, in approving the Initial Study and Negative Declaration for Planning Application PL2004 -036MC 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 City of Rohnert Park Planning Department. Reso. No. 2004 -215 (page 2 of 2) 2. The project, as mitigated, would not result in an impact to endangered, threatened or rare species or their habitats, including but not limited to plants, fish, insects, animals and birds. The project is an amendment to the City's Nuisance Abatement Ordinance and would not result in physical development that would affect any native species or plants, any unique, rare, threatened, or endangered species of plants, any sensitive native vegetation, or any migration corridors. 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 in approving the amendments to the Growth Management Program Ordinance does hereby certify the Negative Declaration for the proposed amendments to the Nuisance Abatement Ordinance. DULY AND REGULARLY ADOPTED on this 14th day of September, 2004, by the City Council of the City of Rohnert Park. FLORES: AYE MACKENZIE: AYE SPRADLIN: AYE VIDAK- MARTINEZ: AYE NORDIN: AYE AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0)