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2018/01/25 Planning Commission ResolutionPLANNING COMMISSION RESOLUTION NO. 2018-04 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROHNERT PARK CALIFORNIA APPROVING THE MITIGATED NEGATIVE DECLARATION FOR THE FUTURE EXPRESS CAR WASH COMMERCIAL PROJECT CONDITIONAL USE PERMIT AND SITE PLAN AND ARCHITECTURAL REVIEW (APN 143-391-091) FILE NO. PLSU17-0001 WHEREAS, the applicant, Edwin Blair for Tunnel Vision, filed Planning Application No. PLSU17-0001 for a Conditional Use Permit and Site Plan and Architectural Review for construction of a car wash on property located at 6258 Redwood Drive north of the intersection of Rohnert Park Expressway and Redwood Drive (APN 143-391-091), in accordance with the City of Rohnert Park Municipal Code; and WHEREAS, Planning Application No. PLSU17-0001 was processed in the time and manner prescribed by State and local law; and WHEREAS, an Initial Study was prepared and on the basis of that study, it was determined that the project would not have a significant adverse effect on the environment with implementation of mitigation measures, and a Mitigated Negative Declaration (MND) was prepared and circulated for public review for a 30 -day period from December 22, 2017 to January 25, 2018 (Exhibit A); and WHEREAS, pursuant to California State Laws and the City of Rohnert Park Municipal Code (RPMC), a public hearing notice for the Future Express Car Wash was mailed to all property owners within a 300 foot radius of the subject property and to all agencies and interested parties as required by California State Planning Law, and a public hearing notice was published in the Community Voice for a minimum of 10 days prior to the first public hearing; and WHEREAS, on January 25, 2018, the Planning Commission reviewed Planning Application No. PLSU17-0001 during a scheduled public meeting at which time interested persons had an opportunity to testify either in support or opposition to the proposed project; and WHEREAS, at the January 25, 2018, Planning Commission meeting, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, the Planning Commission considered all facts relating to Planning Application No. PLSU 17-0001; WHEREAS, the members of the Planning Commission, using their independent judgment, reviewed the proposed project and all evidence in the record related to such requests, including the staff report, public testimony, and all evidence presented both orally and in writing. WHEREAS, at the January 25, 2018 public meeting the Planning Commission of the City of Rohnert Park reviewed and considered the information contained in the Initial Study and Mitigated Negative Declaration for the proposal, which is attached to this resolution as Exhibit A; and WHEREAS, Section 21000, et. Seq., of the Public Resources Code and Section 15000, et. Seq., of Title 14 of the California Code of Regulations (the "CEQA Guidelines"), which govern the preparation, content and processing of Negative Declarations, have been fully implemented in the preparation of the Mitigated Negative Declaration. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Rohnert Park makes the following findings, determinations and recommendations with respect to the Mitigated Negative Declaration for the proposed Project; 1. The Planning Commission has independently reviewed, analyzed and considered the Mitigated Negative Declaration and all written documentation and public comments prior to approval of the proposed Project; and 2. An Initial Study was prepared for the project, and on the basis of substantial evidence in the whole record, there is no substantial evidence that the project will have a significant effect on the environment, therefore a Mitigated Negative Declaration has been prepared which reflects the lead agency's independent judgment and analysis. 3. The Mitigated Negative Declaration was prepared, publicized, circulated and reviewed in compliance with the provisions of CEQA Guidelines; and 4. The Mitigated Negative Declaration constitutes an adequate, accurate, objective and complete Mitigated Negative Declaration in compliance with all legal standards; and 5. The documents and other materials, including without limitation staff reports, memoranda, maps, letters and minutes of all relevant meetings, which constitute and administrative record of proceedings upon which the Commission's resolution is based are located at the City of Rohnert Park, City Clerk, 130 Avram Ave., Rohnert Park, CA 94928. BE IT FURTHER RESOLVED by the Planning Commission of the City of Rohnert Park that approval of the Project would not result in any significant effects on the environment with implementation of mitigation measures identified in the Mitigated Negative Declaration and the Planning Commission does hereby approve and adopt the Mitigated Negative Declaration and Initial Study set forth in Exhibit A and direct the filing of a Notice of Determination with the County Clerk; and BE IT FURTHER RESOLVED by the Planning Commission of the City of Rohnert Park that Exhibit A of this resolution also provide Mitigation required under Section 15091 of the CEQA Guidelines for significant effects of the Project; and BE IT FURTHER RESOLVED that any interested persons may appeal this Resolution of the Planning Commission to the City Council within 10 calendar days of its passage pursuant to RPMC Section 17.25.123. Any such appeal shall be in the form provided by RPMC Section 17.25.124 and with the payment of the fee established by the City. DULY AND REGULARLY ADOPTED on this 25th day of January, 2018 by the City of Rohnert Park Planning Commission by the following vote: AYES: eh NOES: a ABSENT: U ABSTAIN: ADAMS BLAN UII 1 BORBA/ / e- DIC HAYDON �� Q Chairperson, Rohnert Park Planning Commission Attest:()/W at/4-� usan Azevedo, RecoidIng Secretary Exhibit A Future Express Carwash Mitigated Negative Declaration Available for viewing and printing: Development Services Department City Hall 2"d Floor 130 Avram Avenue Rohnert Park, CA