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2002/01/08 City Council Resolution (11)RESOLUTION NO. 2002 -_LQ_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK, CALIFORNIA, CERTIFYING A NEGATIVE DECLARATION FOR AN ORDINANCE ADDING CHAPTER 17.70, HOUSING TRUST FUND IARK MU N CIPAL/ICODEU FEE, REQUIREMENTS TO THE ROHN RT P WHEREAS, on July 25, 2000 the City Council approved Resolution No. 2000 -152 adopting a comprehensive update of the City's General Plan. WHEREAS, Housing Element Policy development throughouthe community." he provision of affordable housing as part of residential WHEREAS, Housing Element Program 9.1 states, "Require non - market rate housing to be included as part of residential projects, as follows: a. 15 percent of the units in a rental housing project of five or more units shall be affordable to very low- and low- income households. b. 15 percent of the units in a for -sale project of five or more units shall be affordable to low- and moderate - income households. C. Alternative methods of meeting the f the inclusionary is or the payment of an nn lieu fee, may provision of land for the required inclusionary be permitted under certain circumstances. d. The inclusionary units shall be constructed concurrently with market -rate units when feasible. e. The long -term affordability of the inclusionary units shall be guaranteed. Consider providing a program of incentives (e.g., fee deferral, priority processing, local public subsidy, and reduced design standards for such elements as setbacks, infrastructure, open space, landscaping, outdoor amenities, and parking) to assist developers in meeting the inclusionary housing requirements." WHEREAS, Planning Application No. 2001 -074, the proposed Housing Trust Fund and Inclusionary/In -Lieu Fee Requirements Ordinance, was processed in the time and manner prescribed by State and local law. WHEREAS, on November 29, 2001 the Planning Commission reviewed Planning Application No. 2001 -074, the proposed Housing Trust Fund and Inclusionary/In -Lieu Fee Requirements Ordinance, during a scheduled public hearing and recommended approval of the Ordinance. WHEREAS, the City Council of the City of Rohnert Park has reviewed and considered all comments raised during the public hearings and the information contained in the Initial Study, Negative Declaration and related staff reports for the proposed Ordinance. 1 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 proposed Housing. Trust Fund and Inclusionary /In -Lieu Fee Requirements Ordinance, makes the following findings, to wit: 1. The proposed Municipal Code change is consistent with the overall intent of the Rohnert Park General Plan 2000. 2. That a duly noticed public hearing has been held to receive and consider public testimony regarding the proposed Municipal Code change. 3. An Initial Study was prepared for the project, and on the basis of substantial evidence in the whole record before the Planning Commission and City Council, there is no substantial evidence that the project will have a significant effect on the environment, therefore a Negative Declaration will be approved which reflects the lead agency's independent judgement and analysis. The Planning Director in the City of Rohnert Park Planning Department shall maintain the record of the proceeding on which this decision is based. 4. 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. 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. 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 in approving the Housing Trust Fund and Inclusionary /In -Lieu Fee Requirements Ordinance does hereby certify the Negative Declaration for the proposed Ordinance. DULY AND REGULARLY ADOPTED on this 8th day of January 2002 by the City Council of the City of Rohnert Park. Mayor, City Attest: MACKENZIE: AYE REILLY: AYE SPIRO: AYE ";'% W941K- MARTINEZ: AYE FLORES: AYE AYES: (5) NOES: (0) _ ABSENT: (0) ABSTAIN: (0)