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2001/05/08 City Council Resolution (5)RESOLUTION NO. 2001- 105 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK, CALIFORNIA, CERTIFYING A NEGATIVE DECLARATION FOR AN ORDINANCE REPEALING THE ROHNERT PARK MUNICIPAL CODE CHAPTER 16.58, CESSATION OF USE, CHANGE OF USE OR CONVERSION OF USE IN MOBILEHOME PARKS, AND ADDING CHAPTER 17.47, CONVERSION OF MOBILE HOME PARKS. WHEREAS, in 1992 the City Council approved Ordinance 567 adopting Chapter 16.58 of the Municipal Code regarding the Cessation of Use, Change of Use or Conversion of Use in Mobilehome Parks. WHEREAS, on July 25, 2001 the City Council approved Resolution No. 2000152 adopting a comprehensive update of the City's General Plan including an updated Housing Element. WHEREAS, Program 10.3 of the General Plan's Housing Element recommends the City Council update Chapter 16.58 and adopt "zoning regulations which, to the maximum extent feasible and legally possible, protect and maintain the affordable housing provided to the residents of the City of Rohnert Park by mobile home parks in Rohnert Park." WHEREAS, on February 15, 2001 a joint City Council and Planning Commission study session was held to discuss and receive public input on a draft mobile home park conversion ordinance. WHEREAS, Planning Application No. 2001 -14, the proposed Conversion of Mobile Home Parks Ordinance; was processed in the time and manner prescribed by State and local law. WHEREAS, on April 12, 2001 the Planning Commission reviewed Planning Application No. 2001 -14, the proposed Conversion of Mobile Home Parks Ordinance, during a scheduled public hearing and, making findings relative to the Initial Study and Negative Declaration, recommended approval of the proposed Ordinance and the associated Negative Declaration. WHEREAS, the Planning Commission and City Council of the City of Rohnert Park have reviewed and considered all comments raised during the study session, Ad Hoc Committee meeting, public hearings and the information contained in the Initial Study, Negative Declaration and related staff reports for the proposed Ordinance. 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 Conversion of Mobile Home Parks Ordinance, makes the following findings, to wit: 1. The proposed Municipal Code change are consistent with the overall intent of the Housing Element of the General Plan relative to preserving the City's existing affordable housing stock particularly a supply of existing mobile home housing for low and moderate - income persons and families, and to maintaining a variety of tenure, type, price and location of housing. 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 Mobile Home Park Conversion Ordinance does hereby certify the Negative Declaration for the proposed Mobile Home Park Conversion Ordinance. DULY AND REGULARLY ADOPTED on this 8th day of May, 2001, by the City of Rohnert Park City Council by the following vote: rte. — CITY FLORES: AYE REILLY: AYE SPIRO: AYE VIDAK- MARTINEZ: AYE MACKENZIE: AYE AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0)