2001/11/27 City Council Resolution (15)RESOLUTION NO. 2001 -260
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ROHNERT PARK, CALIFORNIA,
CERTIFYING A NEGATIVE DECLARATION
FOR AN ORDINANCE REVISING
ROHNERT PARK MUNICIPAL CODE CHAPTER 16.30,
PARK AND RECREATION DEDICATION AND FEES
WHEREAS, on July 25, 2000 the City Council approved Resolution No. 2000 -152
adopting a comprehensive update of the City's General Plan.
WHEREAS, California Government Code Section 66477 permits local governments to
require dedication of acreage or payment of in lieu fees for parkland purposes.
WHEREAS, Open Space, Parks, and Public Facilities Policy OS -11 of the General Plan
2000, requires the establishment of parkland dedication or in lieu fees at a standard of five acres
of community and neighborhood parks per 1,000 new residents.
WHEREAS, on September 17, 2001 the Parks and Recreation Commission reviewed a
draft of the Park and Recreation Dedication and Fees Ordinance and raised a number of
questions and concerns and on October 22, 2001, following revisions to the Ordinance based on
the Commission's comments, the Parks and Recreation Commission recommended approval of
the Ordinance to the Planning Commission and City Council.
WHEREAS, Planning Application No. 2001 -062, the proposed Park and Recreation
Dedication and Fees Ordinance, was processed in the time and manner prescribed by State and
local law.
WHEREAS, on October 25, 2001 the Planning Commission reviewed Planning
Application No. 2001 -062, the proposed Park and Recreation Dedication and Fees 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.
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 Park and
Recreation Dedication and Fees 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 Park
and Recreation Dedication and Fees Ordinance does hereby certify the Negative Declaration for
the proposed Park and Recreation Dedication and Fees Ordinance.
DULY AND REGULARLY ADOPTED on this 27th day of November 2001, by the City
Council of the City of Rohnert Park.
Attest
Mayor, iQity of Robert Park
r
FLORES: AYE REILLY: AYE SPIRO: ABSENT VIDAK- MARTINEZ: AYE MACKENZIE: AYE
AYES: (4) NOES: (0) ABSENT: (1) ABSTAIN: (0)