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2000/10/10 City Council Resolution (20)RESOLUTION NO. 2000- 212 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK, CALIFORNIA, APPROVING SITE PLAN AND ARCHITECTURAL REVIEW FOR AN OFFICE BUILDING ( "NEXT LEVEL COMMUNICATIONS ") TO BE LOCATED AT 6050/6100 COMMERCE BOULEVARD (Kandy Investments, L.L.C.) WHEREAS, the applicant, Kandy Investments, L.L.C., has submitted an application for Site Plan and rchitectural Review Approval for the property located at 6050/6100 Commerce Boulevard in accordance with e City of Rohnert Park Municipal Code; WHEREAS, on September 14, 2000, the Planning Commission held a public hearing at which time iterested persons had an opportunity to testify either in support or opposition to the proposal; and, WHEREAS, on October 10, 2000, the City Council held a public hearing at which time interested ersons had an opportunity to testify either in support or opposition to the proposal; and, WHEREAS, the Planning Commission and the City Council of the City of Rohnert Park have reviewed nd considered the information contained in the Architectural and Site Plan Review application for the roposal; 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 2ESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct. Section 2. Environmental Clearance. The City of Rohnert Park approved the Environmental [mpact Report for the Rohnert Park 2000 General Plan as a Program EIR by adoption of Resolution No. 2000- 152 on July 25, 2000. In accordance with Section 15168(c)(4) of the CEQA Guidelines, an Initial Study was prepared for File 1694 to determine whether the environmental effects of this project were covered in the program EIR. In addition, the Initial Study evaluated the environmental effects of File 1694 ( "Next Level Communications Expansion Project ") to determine whether any new environmental effects could occur, or new mitigation measures would be required, due to changes in the activity or changes in the circumstances under which it is undertaken. In accordance with the material included in the Initial Study, the City Council finds that (a) substantial changes are not proposed which would require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (b) substantial changes will not occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR due to involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and (c) no new information of substantial importance has been presented that shows that the project will have one or more significant effects not discussed in the previous EIR; significant effects previously examined will be substantial more severe; or mitigation measures previously found not to be feasible would in fact be feasible and would substantially reduce previously identified significant effects. Resol. No. 2000 -212 used upon the Program EIR for the Rohnert Park General Plan 2000, the Initial Study prepared for File 1694 next Level Communications Expansion Project "), and these findings, no further environmental review is cessary. Section 3. Findings. The City Council, in approving Planning Application No. 1694: makes the flowing findings, to wit; to Plan and Architectural Approval File 1694 That the development's general appearance is compatible with existing development and enhances the cityscape. The proposed building is intended to fit into the existing Next Level Communications campus while maintaining its own architectural identity. It would be the first three -story structure on Commerce Boulevard and would function as a landmark for this area, thereby enhancing the cityscape. Landscaping between the project and the adjacent campus will be designed so that the development reads as a coherent part of that adjoining property. The provision of a public art installation in the project's frontage area will further enhance the streetscape along Commerce Boulevard. That the development incorporates a variation from adjacent structures in height, bulk, and area; arrangement on the parcel; openings or breaks in the facade facing the street; and /or the line and pitch of the roof. The proposed building would be taller than the other structures in the area. The streetside elevation would be enlivened by a four -story atrium that would bisect the center of the building. The arched element atop this atrium would provide for a break in the roofline, which is otherwise dominated by a static parapet. Proposed landscaping and berming will soften the appearance of the project and enhance the Commerce Boulevard streetscape. That the development incorporates a variation in materials from directly adjacent structures. The area surrounding the proposed office facility predominantly features stucco finishes with metal roofing and accent elements. The proposed building would continue the use of these materials to this site. This would be appropriate, in that the Next Level Communications buildings are to read as part of a coherent campus environment. The design of the building is different from the others in the campus and this will provide for the desired visual relief. That the development will be located and oriented in such a manner so as to provide consistent relationships and avoid the chaos which results from indiscriminate location and orientation. The proposed site plan separates the public areas of the site from those reserved for the facility's employees. The prominent front elevation of the building will be oriented toward Commerce Boulevard and, at its three - story height (and four -story atrium), will be visible from Highway 101. The proposed arrangement would not impact the ability of emergency service providers to access any portion of the site. NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Rohnert Park, California, has reviewed and considered the recommendations of the Planning Commission, together with the comments received during the public hearing process and such other related information as was presented to the Council and accordingly, certifies, adopts, states, finds, and approves as follows: Resol. No. 2000 -212 That said City Council pursuant to Section 15090 of the State CEQA Guidelines hereby certifies that, as stated in Exhibit "A" (attached hereto and incorporated herein by this reference), that (a) it has reviewed and considered the information contained in the pertinent Final Environmental Impact Report (FEIR) described above prior to reaching a decision on the Next Level Communications Expansion Project; (b) said FEIR has been completed in compliance with the California Environmental Quality Act, as amended, and the State CEQA Guidelines; and (c) the FEIR reflects the City Council's independent judgement and analysis. That said City Council hereby finds, pursuant to Section 21081 of the Public Resources Code of the State of California and Sections 15091 of the State CEQA Guidelines, that changes or alterations have been required in, or can be incorporated into, the Next Level Communications Expansion Project which will mitigate or avoid the significant environmental effects as identified in the Final EIR for the reasons stated in Exhibit "A;" and that certain significant effects have been or can be reduced to an acceptable level when specific projects are proposed. That said City Council hereby makes a statement of overriding considerations, pursuant to Section 15093 of the State CEQA Guidelines, in its decision to adopt said Next Level Communications Expansion Project which allows the potential occurrence of significant effects identified in the Final EIR; this statement is presented in Exhibit "A." That said City Council hereby approves and adopts the Mitigation Program as described in Exhibit "A." BE IT FURTHER RESOLVED, that the City Council does hereby approve Planning Application No. 694: Site Plan and Architectural Review, subject to the following conditions: Expiration of Approval — Pursuant to the City of Rohnert Park Municipal Code, the Architectural and Site Plan Review approval shall expire one year from the City Council approval date, unless an extension is requested and approved. Conformance with Municipal Code and Other Agency Plans — All improvements shall comply with all applicable sections of the City of Rohnert Park Municipal Code and any other applicable relevant plans of affected agencies. The applicant shall obtain all necessary permits and clearances from the Rohnert Park Building and Public Safety Departments prior to commencement. of the operation at this location. This shall include all applicable permits required to demolish the existing improvements and prepare the site for the project. Planning Staff shall review the project's parking situation after six (6) months of operation to determine the adequacy of the parking supply to serve the use. Should additional parking be needed, it shall be added by the developer at that time. A lot line adjustment shall be applied for to remove the property line that intersects the proposed building footprint. This shall be accomplished prior to the issuance of a building permit for this office project. Site Plan and Building Elevations a. All improvements shall be in substantial conformance with approved Exhibit Site Plan and Elevations, dated August 14, 2000, except as modified herein. b. Illuminated address signs shall be provided on the building that can be clearly read from the adjacent rights -of -way. C. The two (2) project entrance driveways shall be perpendicular to the Commerce Boulevard centerline. Resol. No. LUUU -L1L d. All walkways throughout the site shall be constructed of a decorative paving material, subject to Staff approval. e. The perimeter security fencing shall match that already existing for the adjacent Next Level Communications campus. f. A public art piece shall be installed by the developer in the project's frontage area. The design and exact location of this art piece shall be approved by the City's Cultural Arts Commission in cooperation with the applicant. g. All utilities no longer required by the new project shall be abandoned by the developer as directed by the City Engineer. h. The developer shall reconstruct the existing bike trail south of the site to current City standards, at a minimum 8 -foot width. The landscaping between the trail and the site shall be integrated into the site's landscaping. Landscape Plan a. Prior to the issuance of any building permits, final landscape and irrigation plans shall be submitted for approval by the Director of Planning and Community Development. These plans shall blend the new landscaping with that currently installed on the adjacent Next Level Communications campus. b. All trees within five feet of the public right -of -way shall have root barriers that are approved.by the Director of Planning and Community Development. C. A permanent automatic sprinkler shall be utilized to maintain all landscape materials and areas. d. The frontage areas shall be provided with berming, as approved by Staff. e. The applicant shall work with the City Engineer to ensure that reclaimed water will be used to irrigate the project's landscaping, when available. Lighting a. The project lighting plan shall be reviewed and approved by Staff. b. All exterior lighting shall be designed so as to prevent any spillover lighting to adjacent properties and rights -of -way. Particular attention shall be paid to those areas nearest the Hinebaugh Creek channel, so as to ensure that the lighting does not spill over to this adjacent area. C. Roof - mounted lights are prohibited on the building if they are placed so as to silhouette the building and roof. d. All building entrances shall include recessed or soffit lights. Signs a. The final sign program shall be submitted to the Planning and Community Development Department for review and approval. 10. Construction Miti ag tion a. The developer shall ensure that a water truck is on site during construction to suppress the dust to an acceptable level. b. The developer shall ensure that the heavy construction equipment has adequate mufflers to lessen the noise impact. c. The developer shall comply with construction hours pursuant to Municipal Code Section 9.44.120. d. Construction of the project shall be managed by the developer so as to prevent any impacts on the adjacent Hinebaugh Creek channel due to stormwater run -off. Resol. No. 2000 -212 Other a. The developer shall work with the City to implement a non - mandatory employer -based transportation demand management program. b. The future occupant of the facility and the project developer shall work with the City to address the project's impacts on the jobs /housing balance and impacts on affordable housing for existing residents. DULY AND REGULARLY ADOPTED on this 10thday of October , 2000, by the City of )hnert Park City Council b tLda"11- following vote: Mayor, Ci ty of Rohnert Park ttest: Dep y C' Cler FLORES: AYE MACKENZIE: AYE REILLY: AYE SPIRO: AYE VIDAK- MARTINEZ: AYE AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0) EXHIBIT "A" NEXT LEVEL COMMUNICATIONS EXPANSION PROJECT CITY COUNCIL OF THE CITY OF ROHNERT PARK ENVIRONMENTAL FINDINGS DOCUMENT 1. EIR CERTIFICATION A. On July 25, 2000, the City Council of the City of Rohnert Park certified the Final Environmental Impact Report (also referred to as the Program or Final EIR) on the Rohnert Park General Plan as being in compliance with the California Environmental Quality Act of 1970, as amended, and the State CEQA Guidelines; and, on September 5, 2000 the Planning and Community Development Director found, based on an Initial Study for the Next Level Communications Expansion project dated September 1 2000, that it provides the necessary environmental documentation for governmental decisions pertaining to the proposed Next Level Communications Expansion Project. The Final EIR was prepared for the City of Rohnert Park by Dyett & Bhatia and consists of two separately bound reports bearing the following titles and dates: 1. Rohnert Park General Plan Revised Draft Environmental Impact Report, May 2000. 2. Rohnert Park General Plan Response to Comments Final Environmental Impact Report, July 2000. These documents and related files and information are on file in the Rohnert Park Planning Department, City Hall, 6750 Commerce Blvd., Rohnert Park, California 94928. B. The City Council of the City of Rohnert Park, pursuant to Section 15090 of the State CEQA Guidelines, certifies that it has reviewed and considered the information contained in the Final EIR described above prior to reaching a decision on the Next Level Communications Expansion Proj ect. II. MITIGATION MONITORING PROGRAM Mitigation measures have either been voluntarily incorporated into the project (i.e., non - mandatory employer -based transportation demand program, use of reclaimed water to irrigate the project's landscaping, reconstruction of existing bike path, pedestrian connections between existing and proposed facilities) or are part of the City's permitting process (i.e., review of grading and construction plans for erosion and dust control measures and review of building plans for seismic and geologic safety concerns). No additional measures have been identified and none are required to be monitored. III. ENVIRONMENTAL FINDINGS Section 15091 of the State CEQA Guidelines specifies that no approval shall be made of a project for which an EIR has been completed which identifies one or more significant effects of the project unless certain written findings are made for each of the significant effects. These findings shall be accompanied by a statement of the facts supporting such findings. Outlined below under each of the three required findings are statements the City Council makes as their written findings in its decision to approve the Next Level Communications Expansion Project. The areas of potential significant impact identified in the Final EIR that are project specific to the Next Level proposal include cumulative impacts relating to transportation, and air quality. Cumulative impacts cannot be avoided by the adoption of feasible mitigation measures, and they are outweighed by overriding considerations discussed in Section IV below. This section presents in greater detail the City's findings with respect to the environmental effects of the project. It also summarizes the evidence relied upon by the City in making these findings. This evidence is drawn from the Final EIR, other evidence presented to the City, including but not limited to the testimony and exhibits presented to the Commission at the September 14, 2000 hearing on this matter, and all other information in the administrative record. Environmental Finding L Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the Final EIR. Statement. The proposed project is consistent with the Rohnert Park General Plan 2000 and the statement for Environmental Finding I as outlined in Exhibit "A" of City Council Resolution No. 2000- 152 (adopted July 25, 2000) is incorporated herein by reference. The significant or potentially significant impacts associated with the project are listed below by impact number and a short description. A finding relative to each impact is provided. A. TRANSPORTATION AND AIR QUALITY Impact 4.3 -a- Exceedance of Maximum Level of Service Standards on 14 Roadway Segments; 4.3- b-- Exceedance of Maximum Level of Service Standards for 10 Intersections; 4.3 -d -- Increased Demand for Additional Pedestrian and Bicycle Circulation; 4.4- a-- General Plan Inconsistent with the 1997 Clean Air Plan; and 4.4- b-- Potential Increase in Carbon Monoxide, Ozone Precursors and Particulate Matter. Finding. The 3.9 acre project site is currently divided into two parcels: a .89 acre parcel with an approximately 12,000 sq.ft. office building and a 3.03 acre parcel with an approximately 25,000 sq.ft. indoor skating rink. The project proposal is to replace the existing structures with an 100,850 sq. ft. office building. The net increase in traffic would be less than 100 peak hour trips (ref: Cal Skate Site Trip Generation Study, August 22, 2000) and, therefore, the project's direct impacts on traffic and air quality would be less than significant. The project would contribute, however, to cumulative traffic and air quality impacts (see Section IV. Statement of Overriding Considerations). The applicant has proposed to have a non - mandatory employer -based transportation management plan and to reconstruct the bikepath that runs parallel to Hinebaugh Creek. Therefore, the project's impacts on traffic and air quality are cumulative. Those impacts are outweighed by the overriding considerations outlined in Section IV below. Environmental Finding 2. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. Statement. The Final EIR prepared for the updated Rohnert Park General Plan is a Program EIR that adequately addresses the proposed Next Level Communications Expansion Project. There are no mitigation measures in the Program EIR related to the proposed project that are within the responsibility and jurisdiction of another agency. Environmental Finding 3. Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final EIR. Statement. MITIGATION MEASURES. There are no mitigation measures identified in the Final EIR that relate to the proposed project and are infeasible. ALTERNATIVES. The proposed project is consistent with the Rohnert Park General Plan 2000 and the statement for Environmental Finding 3 as outlined in Exhibit "A" of City Council Resolution No. 2000- 152 (adopted July 25, 2000) is incorporated herein by reference. IV. STATEMENT OF OVERRIDING CONSIDERATIONS Section 15093 of the State CEQA Guidelines specifies that where the decision of the public agency allows the occurrence of significant effects which are identified in the Final EIR but are not at least substantially mitigated, the agency shall state in writing the specific reasons to support its action based on the Final EIR and/or other information in the record. The Final EIR identifies three areas of significant unavoidable environmental impacts that would occur with the proposed Plan: open space, transportation, and air quality. The proposed project site is a currently developed parcel. Development of the site will not result in the conversion of open space to developed area. The project may have cumulative impacts on transportation and air quality. In relation to Section 15093 of the State CEQA Guidelines, the City Council of the City of Rohnert Park hereby re- affirms its findings of overriding considerations adopted as part of Exhibit A of City Council Resolution No. 2000 -152 (adopted July 25, 2000) and incorporates those findings herein.