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2013/05/23 Planning Commission ResolutionPLANNING COMMISSION RESOLUTION NO. 2013-13 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROHNERT PARK, CALIFORNIA, RECOMMENDING ADOPTION OF A NEGATIVE DECLARATION AND APPROVAL OF AN ORDINANCE AMENDING CHAPTER 17.06 LAND USE REGULATIONS ARTICLE I RESIDENTIAL ZONING DISTRICTS, ARTICLE II COMMERCIAL ZONING DISTRICTS, ARTICLE III INDUSTRIAL ZONING DISTRICTS, ARTICLE IV MIXED-USE ZONING DISTRICTS AND ARTICLE V PUBLIC/INSTITUTIONAL ZONING DISTRICTS AND CHAPTER 17.07 LAND USE FOOTNOTES/SPECIAL PROVISIONS OF THE ZONING ORDINANCE WHEREAS, the applicant, City of Rohnert Park, filed Planning Application No. PL2013-007ZO proposing to amend the Rohnert Park Municipal Code ("RPMC") by amending Chapter 17.06 the Land Use Regulations and Chapter 17.07 Land Use Footnotes/Special Provisions of the City of Rohnert Park Zoning Ordinance; WHEREAS, the proposed amendments to Articles I through V of Chapter 17.06 Land Use Regulations and Chapter 17.07 Land use Footnotes/Special Provisions of the Zoning Ordinance would simplify the approval process for uses that comply with the requirements of the zoning districts where they are located; WHEREAS, the proposed changes to Articles I through Article V of Chapter 17.06 and Chapter 178.07 Land Use Footnotes/Special Provisions of the Zoning Ordinance are attached hereto as Exhibit A; WHEREAS, an Initial Study was prepared for the Project and concluded that the proposed project would not have a significant effect on the environment; therefore a Negative Declaration was prepared; and WHEREAS, on May 23, 2013, the Planning Commission held a public meeting at which interested persons had an opportunity to testify regarding the Initial Study and Negative Declaration; and WHEREAS, at the May 23, 2013 public meeting the Planning Commission of the City of Rohnert Park reviewed and considered the information contained in the Initial Study and Negative Declaration for the proposal and recommended its certification by the City Council; and has otherwise carried out all requirements for the Project pursuant to CEQA; WHEREAS; pursuant to California State Law and the Rohnert Park Municipal Code, a public notice was published in the Press Democrat for a minimum of 20 days prior to the first public hearing; WHEREAS; the Planning Commission has reviewed and considered the information contained in Planning Application No. PL2013-007ZO for the proposed amendments to Articles I through V of Chapter 17.06 Land Use Regulations and Chapter 17.07 Land Use Footnotes/Special Provisions of the Zoning Ordinance. 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 proposed amendments to Articles I through V Chapter 17.06 Land Use Regulations and Chapter 17.07 Land Use Footnotes/Special Provisions of the Zoning Ordinance; Section 1. The above recitations are true and correct. Section 2. The Planning Commission has recommended City Council approval of the Negative Declaration for this Project. Section 3. Findings. The Planning Commission is recommending approval of the Initial Study and Negative Declaration to the City Council and makes the following findings, to wit; 1. 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 Negative Declaration has been prepared which reflects the lead agency's independent judgment and analysis. The record of the proceedings on which this decision is based shall be maintained by the City of Rohnert Park Planning Division. 2. 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 that will be affected by these amendments. A DeMinimus impact finding can be made for this project. 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 has been prepared. Section 4. Findings for Enactment of Amendments to Articles I through V of Chapter 16.06 Land Use Regulations. The Planning Commission hereby makes the following findings concerning amendments to Articles I through V of Chapter 16.06 Land Use Regulations and Chapter 17.07 Land Use footnotes/Special Provisions of the Zoning Ordinance: 1. That the proposed amendments to the Zoning Ordinance are consistent with the General Plan 2020. Criteria Satisfied. The proposed amendments to chapter 17.06 Land Use Regulations and Chapter 17.07 Land Use Footnotes/Special Provisions of the Zoning Ordinance will simplify the approval process for uses that comply with the requirements of the zoning districts where they are located which is consistent with the General Plan 2020 in implementing the vision of economic development in the city. 2. That the proposed amendment to the Zoning Ordinance will be beneficial to the public health, safety or welfare. Criteria Satisfied. The proposed amendment to Chapter 16.06 Land Use Regulations and Chapter 178.07 Land Use Footnotes/Special Provisions of the Zoning Ordinance will simplify the approval process for certain uses in residential, commercial and industrial areas and, as such, will have no impact on public health, safety and welfare. Section 5. A duly noticed public hearing concerning amendment to Articles I through V of Chapter 16.06 Land Use Regulations and Chapter 17.07 Land Use Footnotes/Special Provisions of the Zoning Ordinance was held by the Planning Commission on May 23, 2013. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission does hereby recommend that the City Council adopt Findings stated hereinabove and adopt an ordinance certifying the Negative Declaration and amending the Rohnert Park Municipal Code to amend Articles I through V of Chapter 16.06 Land Use Regulations and Chapter 17.07 Land Use Footnotes/Special Provisions of the Zoning Ordinance, in the form provided in Exhibit A. DULY AND REGULARLY ADOPTED on this 23`d day of May, 2013 by the City of Rohnert Park Planning Commission by the following vote: A AYES: �1 NOES: ABSENT: i ABSTAIN: ADAMS ARMSTRONG BORBA '�)Ot GIUDICE HAYDON Susan Adams, Chairperson, Rohnert Park Planning Commission iP �ZC1KiNC�