2009/05/14 Planning Commission ResolutionRESOLUTION NO. 2009-14
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ROHNERT PARK, CALIFORNIA, CERTIFYING A MITIGATED
NEGATIVE DECLARATION FOR A GRADING PERMIT FOR PROPERTY
LOCATED ON THE NORTH SIDE OF CASCADE COURT AT THE
EASTERN TERMINUS OF CASCADE COURT
(Bert Bangsberg)
WHEREAS, the City of Rohnert Park has received an application for a grading permit
for property located on the north side of Cascade Court at the eastern terminus of Cascade Court
(the "Project");
WHEREAS, Staff has prepared an Initial Study for the Project and has concluded that
although the proposed project could have a significant effect on the environment, a mitigation
measure has been proposed for the project to reduce the potential impact to a less -than -
significant level; therefore a Mitigated Negative Declaration was prepared;
WHEREAS, pursuant to California State Law, the Initial Study and Mitigated Negative
Declaration were circulated for a period of no less than 20 days and a Notice of Intent was
published prior to that circulation period in the Community Voice;
WHEREAS, on May 14, 2009, the Planning Commission held a public meeting at which
time interested persons had an opportunity to testify regarding the Initial Study and Mitigated
Negative Declaration; and
WHEREAS, at the May 14, 2009 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.
NOW, THEREFORE, THE PLANNING COMMISSION 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 Planning Commission, in approving the Initial Study and
Mitigated Negative Declaration for the project makes the following findings, to wit;
Environmental
1. An Initial Study was prepared for the project, and on the basis of substantial evidence in the
whole record before the Commission, there is no substantial evidence that the project will
have a significant effect on the environment, provided an appropriate mitigation measure is
incorporated into the project, therefore a Mitigated Negative Declaration will be approved
which reflects the lead agency's independent judgment and analysis. The record of the
proceeding 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. The project site
has been previously disturbed by rough grading. There are no native species or plants, no
unique, rare, threatened, or endangered species of plants, no sensitive native vegetation on or
1
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
proj ect.
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, provided the
appropriate mitigation measure is incorporated into the project, and accordingly a Mitigated
Negative Declaration is hereby adopted.
NOW THEREFORE BE IT RESOLVED, that the Planning Commission does hereby
adopt the Initial. Study and Mitigated Negative Declaration for No. Planning Application
PL2009-009MND, the Cascade Court Grading Permit.
DULY AND REGULARLY ADOPTED on this 14th day of May 2009, by the City of
Rohnert Park Planning Commi Sion by the following vote:
•. iJ"h
John B,okba, G#hirperson, Rohnert Park Planning Commission
v
�\kwAttest: A�-"
usan Azevedo, R cording Secretary
AYES: �5 NOES: a ABSENT: ABSTAIN:
AHANOTU ✓ ARMSTRONG BORBA NILSON NORDIN
2