Loading...
1990/08/14 City Council Resolution (13)RESOLUTION NO. 90 - 186 A RESOLUTION OF THE ROHNERT PARK CITY COUNCIL APPROVING THE DRAFT SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT FOR NORTHWEST ROHNERT PARK AND DIRECTING THE CITY MANAGER OR HIS DESIGNEE TO FILE NOTICE OF DETERMINATION WITH THE SONOMA COUNTY CLERK. WHEREAS in August 1988, the City of Rohnert Park, hereinafter referred to as the "City," did determine that construction of Roberts Lake Road on the east side of US Highway 101 in order to connect Commerce Boulevard with South Santa Rosa Avenue would have a significant effect on the environment, and WHEREAS in accordance with that determination the Rohnert Park City Council did authorize and direct the preparation of an environmental impact report not only to evaluate the possible extension of Roberts Lake Road but also to include an area in the northwest portion of the City of Rohnert Park, consisting of 78 acres, more or less, and WHEREAS a draft environmental impact was prepared for the aforesaid project area and was reviewed by the Rohnert Park Planning Commission, and WHEREAS the Rohnert Park Planning Commission did recommend that the draft environmental impact report be approved, and WHEREAS the Rohnert Park City Council did certify the draft environmental impact report on July 24, 1989, and WHEREAS the adequacy of the environmental impact report was challenged in the Superior Court of the State of California in and for the County of Sonoma, the Honorable Lawrence K. Sawyer, presiding, and WHEREAS the court did determine that the aforesaid environmental impact report, hereinafter referred to as the FIRST EIR, was inadequate for the following reasons: 1. That the Environmental Impact Report failed to adequately discuss and consider the cumulative impacts of the program. (Page 4, lines 17 - 19 inclusive, Judge 1 Sawyer's Order entered on February 8, 1990, in Sonoma County Superior Court Civil Action No. 175957.) 2. That the Environmental Impact Report failed to adequately consider the growth inducing impact of the Northwest Rohnert Park's Program, especially with respect to the construction of Roberts Lake Road and its connection with Santa Rosa Avenue. (Page 5, lines 6 - 10, inclusive, of Judge Sawyer's Order above referenced.) 3. That the plant life diversity and wildlife habitat, water supply and sewage disposal capacity were criticized by the petitioners in the litigation and should have been addressed in the cumulative effects analysis of the project. (Page 5, lines 18 - 22, inclusive, Judge Sawyer's Order above referenced.) 4. That the findings within the resolution certifying the EIR were insufficient. (Page 5, lines 23 - 25, inclusive, of Judge Sawyer's Order above referenced.) 5. That the monitoring action now required by Public Resources Code §21081.6 was inadequate, and WHEREAS Judge Sawyer also found that the General Plan then existing was inadequate and ordered that projects within the area of the FIRST EIR, except for the construction and extension of Roberts Lake Road and the commuter parking lot on the east side of US Highway 101, be suspended pending the adoption by the City of Rohnert Park of a new, revised and updated General Plan and the reconsideration of the environmental concerns expressed in Judge Sawyer's Order, and WHEREAS the City of Rohnert Park commenced proceedings in October 1989 for the update and revision of the Rohnert Park General Plan and did also authorize the preparer of the FIRST EIR, Elgar Hill, to prepare a Draft Supplemental Environmental Impact Report, hereinafter referred to as the "DSEIR," specifically addressing the concerns expressed in Judge Sawyer's 2 Order together with any other concerns or considerations that might arise during the preparation of the DSEIR, and WHEREAS the DSEIR was prepared and was noticed for public hearing before the Rohnert Park Planning Commission on August 2 and 9, 1990, and WHEREAS the hearings were held before the Rohnert Park Planning Commission. At the conclusion of the hearings on August 9, 1990, the Planning Commission recommended that the DSEIR be approved by the Rohnert Park City Council and, WHEREAS in making the findings set forth in this Resolution the City Council is familiar with and has considered the FIRST EIR, the original Resolution by the Rohnert Park Planning Commission recommending that the City Council certify the FIRST EIR, (Resolution No. 89 - 120), Judge Sawyer's Order, the newly adopted Rohnert Park General Plan, the DSEIR, and Planning Commission Resolution No. 90 - 10 recommending that the DSEIR be approved, and WHEREAS the City Council finds as follows: I The Project The project consists of an area proposed for commercial development in the northwest portion of the City of Rohnert Park. It is the same size as the project previously considered by the Planning Commission, i.e. approximately 78 acres. It consists of property on both sides of US Highway 101 bounded generally by Roberts Lake Drive on the east, by Redwood Drive on the west and consists of property lying generally north and south of Wilfred Avenue on the west side of US Highway 101 for a reasonable distance that is within the city limits. On the east side of US Highway 101 it is located generally north of Golf Course Drive. Roberts Lake Road and the commuter parking lot east of the northwest railroad track are not included in the DSEIR since those projects were excepted from Judge Sawyer's Order. Generally described the project consists of 78 acres in the c extreme north and west area of the City of Rohnert Park. The project consists of a review of the area for commercial development and for commercial use. II Significant effects of the project together with mitigation measures proposed and reporting or monitoring program The FIRST EIR and the DSEIR identified the following significant impacts which are also cumulative impacts: 1. Traffic. The project will result in additional traffic. The linking of Commerce Boulevard with south Santa Rosa Avenue via Roberts Lake Road will result in additional traffic being diverted from other routes to this means of access between Rohnert Park and Santa Rosa, especially local traffic, traffic already on the west side of US Highway 101, and traffic between businesses on the west side of US Highway 101 . The diversion of that portion of the traffic which is local in nature will relieve, to some extent, the traffic on US Highway 101 that formerly had no close and ready access between Rohnert Park and Santa Rosa. However, the traffic will place additional pressure on certain intersections as stated in the DSEIR. Specifically, the intersections at Wilfred Avenue and Redwood Drive, the northbound freeway ramp and the Commerce Boulevard intersection, the Golf Course Drive and Commerce Boulevard intersection, and the Golf Course Drive and Roberts Lake Road intersection will experience overloading and traffic levels approaching level F. The EIR recommends that traffic signals be installed at these intersections when warranted; that traffic lanes be installed as shown on the EIR, that certain roadways be widened, that additional lanes be added in certain directions or that a special design be prepared for certain roadways. The reporting and monitoring recommended for this portion of the DSEIR is to require the project proponent(s) to fund a 4 program to monitor afternoon peak hour turning movement counts and compute service levels at six intersections mentioned in the DSEIR whenever service levels fall below General Plan levels. Issuance of permits may be deferred until the improvements bring the service level up to a level consistent with the General Plan. In addition, each project in the project area would be charged a per unit traffic mitigation fee to pay for off site road improvements in the greater project area. In order to encourage the usage of alternate forms of transportation the City should continue to support the use of bicycles in the City. Bike lanes should be considered for those roadways within the City that lead to or connect the major areas within the City so that these areas are as accessible to bicycle traffic as they are by auto traffic. The City should also investigate improvement and increase of transit facilities within the City and those facilities outside the city which serve the City so the public will be motivated to use public transit in lieu of private transport. 2. Air Quality. Another impact of the project will be its effect upon air quality. The DSEIR finds that development projects within the project area will produce emissions in excess of one percent of the total ambient air quality of the Santa Rosa Valley. Mitigation measures suggested are to contact the Bay Area Air Quality Management Board (BAAQMB) for guidance regarding cumulative impact. The FIRST EIR also recommends that fast food operations within the project area be closely monitored and limited if air quality worsens substantially. Air quality calculations should be made as each project is developed so that a faster and more exact indication of each project's effect on air quality can be determined. The DSEIR also contains suggestions for the improvement of traffic flow, encouraging additional use of transit facilities, bicycle and pedestrian facilities and programs to educate the public to the use of public transportation. Increased use of these recommended alternatives will also mitigate the impact upon air quality. 5 In reporting and monitoring these recommendations development should be coordinated with the BAAQMB to determine what type of mitigation should be utilized. Development should be planned so that the impact of each individual project can be assessed before another project is approved by the City. Special attention should be given to emission of carbon dioxide and various nitrogen oxides. The cost of monitoring these emissions should be borne by the developer or shared with the City under a formula which considers the impact of the project and traffic generated by the project relative to existing traffic in the City. 3. Water Supply. The DSEIR has also found that the City exceeds its current allotment on the Sonoma County Aqueduct and that it is using two million gallons per day of Petaluma's allocation from the aqueduct. In order to mitigate this impact the City is currently engaged in discussions with the Sonoma County Water Agency to increase its allotment in the Sonoma County Aqueduct to 15 million gallons per day. The City has also discussed recharging the City water wells during the winter from surplus Sonoma County Aqueduct water. Until additional water supplies are secured, the City will monitor existing water usage on a project -by- project basis in order to determine cumulative total demand as development occurs. The FIRST EIR previously approved by the City Council contains additional mitigation measures which the council has approved. 4. Sewage Treatment Capacity. The DSEIR also addresses the limited treatment capacity of the Laguna Water Reclamation Treatment Plant. The City Council is well aware of this problem and has addressed it in its General Plan and in previous EIRs. To mitigate the problem, the City is participating with the cities of Santa Rosa, Sebastopol and Cotati in expanding the treatment capability of the regional treatment plant. The program is presently underway and should be completed in five (5) or more years. Before final completion, interim C- expansion of the plant is occurring so that existing demand may be met. In addition to the expansion program efforts are ongoing to lessen the amount of infiltration of ground water into the sanitary sewer system, conservation programs, such as reduced water usage, are being proposed, low -flush toilets are now being utilized in new construction, the use of partially treated effluent is now in use for irrigation of plants and landscape areas and other promotional and educational programs are being implemented. As for reporting and monitoring of the demands on the system, the City has in place measuring devices which indicate flow rates at various locations in the system. Those measurements will be continued and the measuring system and a continuing public information and informational education system will be utilized to increase public awareness and participation in this effort. 5. Police and Fire. The DSEIR also states that the project will create additional need for police and fire services. In mitigating these demands it will be necessary to generate sufficient revenues from the projects to finance and maintain these services. This has been the traditional method for financing these services and has been successful. If a project should create unusual demands on these services, then special fees which are related to the needs of the services should be considered for imposition at project approval stage. 6. Housing. The DSEIR notes that housing may be difficult to provide because of the lack of sewage treatment capacity. In order to mitigate the potential problem the City should consider surveying the type of housing demand so that it is providing the type of housing that the public needs and is able to afford from the available supply. Multifamily residential housing and increased densities are also available alternatives especially when they result in a reduced demand, per capita, on sewers and water facilities. 7 As for reporting and monitoring, the City does conduct regular surveys regarding housing supply, type of housing available and typical housing costs. These surveys will be maintained. 7. Drainage. The DSEIR indicates that commercial projects that will be developed within the project area will cause an increased run off and an increase in heavy metals and hydrocarbons which will flow into the Laguna de Santa Rosa. In order to mitigate the flow-of these solids, they should be intercepted whenever possible. Businesses which are known dischargers of this type of solid material should be requested to install special filters, monitors, and recovery systems to prevent on -site discharges from reaching the public sewer system. Large parking lots should be requested to install grease traps or sumps. Another alternative is an artificial wetland. Because insufficient information is available about the capacity and success of artificial wetlands some study should first be conducted as to this process. If the studies are favorable then a pilot project should be undertaken. The Regional Water Quality Control Board ( RWQCB) is also a source of information. The City has utilized Board recommendations and has cooperated with the Board and will continue to do so. In order to monitor the possibility of the wetlands proposal the City will require the project proponent to provide the project with project drainage plans to include calculations for and a contribution to a wetlands basin or the provision of the project's share of land for such a basin. Upon completion of the wetlands study by the RWQCB the City will review the possibilities of a wetlands drainage system depending on the results and success of the RWQCB study. In addition, the City will cooperate and exchange drainage information with other public agencies in the area. So that a reasonable schedule may be established to insure that the monitoring process is maintained, monitoring of the environmental concerns heretofore expressed, that is traffic, air quality water supply, sewer treatment capacity, police and fire services, housing drainage and protection of existing vegetation shall be conducted at the inception and at the completion of each major project and in no event less that annually in the last sixty (60) days of each fiscal year. III Discussion of Alternatives The City Council has given the project special consideration with special attention to the findings of Judge Sawyer's Order and the various alternatives available to the City. The City Council has considered the alternatives of No Project, a Mitigated Alternative, Deferred Development, Lower Density and a Wilfred Avenue /Golf Course Drive /Commerce Boulevard overpass or undercrossing. The City Council has also considered recent comments by the Sierra Club and Harvey Bell (letter of August 2, 1990), the Sonoma County Planning Department (letter dated August 6, 1990), the Bay Area Air Quality Management District (letter of August 3, 1990), the Sonoma County Water Agency (letter of August 3, 1990), and the Metropolitan Transportation Commission (letter of August 2, 1990). The Council also notes that the period for public comment closed on August 6, 1990, and the Sierra Club letter, although dated August 2, 1990, was not delivered to or made available to the City until the Planning Commission meeting on August 9, 1990. Nevertheless, the City has considered all correspondence, has directed the preparer of the DSEIR to respond and did consider the responses which are now a part of the public record and finds the comments to be responsive to the concerns as expressed. The City has approved the project as proposed in lieu of the alternatives for the reasons expressed below. The City Council also finds that some of the alternatives mentioned, i.e., a mitigated alternative, deferred development, lower densities and the Wilfred /Golf Course /Commerce overpass or undercrossing have been considered in this project. Specifically, mitigation measures have been proposed and adopted in this Resolution. The 9 concept of deferred or staged development has been approved. Mr. Elgar Hill has considered the project under a "worse case scenario." Neither the preparer of the DSEIR nor the City Council has stated that each individual project will be built out to maximum density or that densities will not be reconsidered if the circumstances warrant. Those circumstances are set forth in the DSEIR and in this Resolution. The Wilfred /Golf Course /Commerce Boulevard overcrossing or underpass is still under review and consideration by the City Council. The City does have the right, within reasonable limits, to control the intensity and rate of growth. The monitoring programs recommended provide for a time to evaluate the impact of these developments as they come on line. By using such a process the City can better monitor air quality and traffic impacts of each project. Traffic improvements have been recommended which will improve the operation of key intersections. Cal Trans has additional improvements for US Highway 101, some of which involve the Wilfred Avenue overcrossing. Some of the Cal Trans programs are integrated into and are to be coordinated with City road improvements. Another substantial impact upon the City will be the impact of the project upon sewer and water. The City is actively engaged in programs to provide additional water supply and sewer capacity to the City. To allow time for these facilities to be provided, the City Council has approved mitigation measures that allow additional time for additional capacity to be in place. The mitigation and monitoring measures mentioned in this Resolution provide sources of information not previously available and a means to make that information available to the City. Sierra Club has commented that the preparer of the DSEIR did not consider alternative analyses in the DSEIR. It should be pointed out that Judge Sawyer did not find the City's analysis of alternatives lacking in the Order nor was the City required to reanalyze alternatives available. The Planning 10 Commission did consider alternatives in Resolution 90 - 10, and the City Council has considered alternatives in this Resolution. The DSEIR finds that growth will result more from the commercial development that will occur in the project area than it will from the completion of Roberts Lake Road which will provide a means of access to these areas. The DSEIR finds that the projects will generate 2000 jobs. Some of these jobs will terminate at the close of construction For those jobs permanently created by the project, the DSEIR does not indicate that the resulting increase will exceed the City's General Plan estimates and projections. The General Plan does anticipate this type of development in the project area. The development will not occur simultaneously but over a period of time, which will allow the City the opportunity to calculate the impact of each project and will also give the public agencies the opportunity to provide additional sewer capacity and water quantities to serve the project area. Since the project will be developed in separate segments and since certain mitigation and monitoring measures will be occurring, the concept of deferred development will be utilized in the process of build out. The City has not rejected the Wilfred /Golf Course /Commerce overpass or undercrossing which would alleviate future traffic problems along these roadways and which would provide an additional crossing between the east and west side of US Highway 101. The DSEIR acknowledges that some drainage facilities will have to be constructed, some facilities will have to be enlarged and lateral systems and diversions will be required at project build out. The DSEIR has addressed some of the drainage problems into the Laguna de Santa Rosa and has made recommendations. As to drainage requirements of individual projects, these will be considered, sized and located at the time each project is presented since individual drainage requirements vary with each project and how it is presented. 11 The DSEIR recommends replacement of vegetation along stream banks, open areas, and other open drainage channels. The City will implement its replacement program. If the proposal conflicts with the Sonoma County Water Agency proposal the City will defer to the agency since the focus is on protecting the drainage systems not which agency does it. The changes or alternatives specified above and set forth in greater detail in the FIRST EIR and the DSEIR have been required in the development of the project and will mitigate to some degree the significant environmental effects identified in the FINAL EIR. As to those environmental effects that cannot be fully mitigated specific economic,'social and other considerations mentioned in the Statement of Overruling Considerations make it infeasible to fully mitigate all of the effects of the projects. There is some impact when the physical appearance of the environment is altered to support human life and industry. The council finds that the FINAL EIR reasonably addresses these concerns. The Council is also aware of its obligation to respond to these environmental concerns while at the same time it must try to provide solutions to them without neglecting and balancing the concerns of the public for a reasonably stable and secure environment within which to live and work. IV Statement of Overriding Consideration The City has considered the impact of the project and project build out upon the environment. It is true that some effects are significant and some effects cannot be fully mitigated. As to those impacts that cannot be mitigated these considerations override the others: 1. The City of Rohnert Park was and has planned for an ultimate size of 35,000 to 40,000 people. 2. The General Plan has shown most of the property in the area for development as proposed in the DSEIR since the City first adopted a General Plan. In the most recent review of the 12 General Plan in 1989 - 90 the areas were again shown for this type of development. 3. Generally the area in question lies along US Highway 101. The roadway is in place and is not likely to be moved. It is practical and logical to locate business and commercial facilities along a thoroughfare designed to serve the demand and which will provide the type of service utilized by the public who travel US Highway 101. 4. The City has installed much of the infrastructure necessary to accommodate the project. Sewer mains have been sized and installed in the City's master sewer plan. Drainage ways have been located and planned for future development and use. Roadways have been installed and traffic circulation patterns have been established. The City Council acknowledges that whereas environmental concerns should be considered and addressed it cannot ignore previous planning which includes economic decisions and substantial financial expenditures, both public and private, to accommodate future city projects and growth that was anticipated and for which past plans were made. 5. The City is mandated by state law to provide a certain amount of low and moderate priced housing. The City Council finds that it is more likely to provide low and moderate income housing by making certain portions of the city available for such use and development than it is by denying the use. 6. The City Council is aware that a certain amount of growth and change is beyond the control of the City. If the City can channel and direct that growth and change within reasonable and tolerable limits rather than restrict it unduly or become overwhelmed by it, then such an approval better serves the public interest. NOW THEREFORE BE IT RESOLVED by the Rohnert Park City Council that it does hereby approve the FINAL EIR for Northwest Rohnert Parkas supplemented by the FIRST EIR DRAFT SUPPLEMENT EIR and authorizes the.City Manager to file Notice of Determination with the Sonoma County Clerk. 13 BE IT FURTHER RESOLVED that in approving the FINAL EIR the City Council acknowledges that it has considered, among other items, the FIRST EIR and all public comments thereto, Planning Commission Resolutions No. 89 - 10, and 90 - 10, City Council Resolution No. 89 - 120, and the Draft Supplemental Environment Impact Report and all comments thereto. CITY OF RO RT PARK Dated: August 14, 1990 Mayor Ayes: (4) Councilmembers Cochran, Eck, Spiro & Hollingsworth Noes: ( 0 ) None Absent: (1 ) Councilman Hopkins Abstain: (0) None 14