2008/04/10 Planning Commission ResolutionPC Resolution 2008-12
April 10, 2008
PC RESOLUTION NO. 2008-12
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROHNERT PARK, CALIFORNIA, RECOMMENDING TO THE CITY
COUNCIL THE CERTIFICATION OF THE FINAL ENVIRONMENTAL
IMPACT REPORT AND ADOPTION OF A STATEMENT OF OVERRIDING
CONSIDERATIONS FOR THE STADIUM AREA MASTER PLAN EIR; FILE
NO. PL2004-063EIR
(Redwood Equities, LLC)
WHEREAS, Redwood Equities, LLC, ("Applicants"), propose to develop 29.8 acres
property currently within the City of Rohnert Park; and
WHEREAS, the Applicants submitted an application on November 12, 2004, to the City
of Rohnert Park proposing a Planned Development to be located at 5900 Labath Avenue and
generally north of Hinebaugh Creek, south of Business Park Drive, east of Labath Avenue and
west of Costco and is hereafter referred to as the Stadium Area Master Plan (the "Project") that
would include the future development of up to 140,000 square feet of regional commercial use,
up to 338 high density residential uses and a minimum of 0.5 acres of park; and
WHEREAS, the City retained Parsons, a well-qualified environmental consulting firm,
to prepare an environmental impact report ("EIR") for the proposed Project and due to some
changes in staffing the completion of the EIR was subsequently assigned to the consulting firm of
Hauge and Brueck Associates under the direction of Parsons; and
WHEREAS, the City of Rohnert Park, acting as the Lead Agency under the California
Environmental Quality Act ("CEQA"), published a Notice of Preparation ("NOP") of a Draft EIR
for the proposed Project on June 8, 2005. The NOP was distributed for a 30 -day comment period
that ended on July 11, 2005. The City held an agency and public scoping meeting on the
proposed Project on June 23, 2005 and initiated work on a Draft EIR for the proposed Project;
and
WHEREAS, the City completed the Draft EIR on June 29, 2007 and circulated it to
affected public agencies and interested members of the public for the required 45 day public
comment period from June 29, 2007 to August 14, 2007.
WHEREAS, the City's Planning Commission duly noticed and conducted a public
hearing on August 9, 2007 in order to receive comments on the Draft EIR; and
WHEREAS, on October 12, 2007, the City published the Final EIR for the Project by
incorporating: 1) the Draft EIR; 2) comments received about the Draft EIR and responses to
those comments; 3) changes, clarifications and corrections to the Draft EIR; and 4) appendices;
and
WHEREAS, Section 21000 et. seq. of the Public Resources Code and sections 15000 et
seq. of Title 14 of the California Code of Regulations (the CEQA Guidelines), which govern the
Resolution for Certification of FEIR
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PC Resolution 2008-12
April 10, 2008
preparation, content, and processing of environmental impact reports, have been fully
implemented in the preparation of the EIR; and
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 Final EIR for the proposed Project:
1. The Planning Commission has independently reviewed, analyzed and considered
the Final EIR and all written documentation and public comments prior to making
recommendations on the proposed Project; and
2. The Final EIR was prepared and completed in compliance with the provisions of
the California Environmental Quality Act ("CEQA"), the State CEQA Guidelines, and the City's
local CEQA procedures; and
3. The information and analysis contained in the Final EIR reflects the City's
independent judgment as to the environmental consequences of the proposed Project; and
4. The documents and other materials, including without limitation staff reports,
memoranda, maps, letters and minutes of all relevant meetings, which constitute the
administrative record of proceedings upon which the Planning Commission's decision is based
are located at the City of Rohnert Park, Planning Department, 6750 Commerce Boulevard,
Rohnert Park, CA 94928. The custodian of records is the City's Director of Community
Development; and
BE IT FURTHER RESOLVED that on the basis of the evidence contained in the
administrative record of the Final EIR, the Planning Commission finds that the information
submitted following the conclusion of the public comment period on the Draft EIR, contains no
significant new information concerning the Project's environmental effects, feasible mitigation
measure, or feasible project alternatives; therefore there is no need or requirement to recirculate
the EIR for additional public comment; and
BE IT FURTHER RESOLVED that the Planning Commission of the City of Rohnert
Park hereby recommends that the City Council certify the Final EIR and, if and when the Project
is approved, recommends that the City Council direct the filing of a Notice of Determination with
the County Clerk;
BE IT FURTHER RESOLVED after considering the EIR and in conjunction with
making these findings, the Planning Commission recommends that the City Council find that
pursuant to Section 15092 of the CEQA Guidelines that approval of the Project will result in
significant effects on the environment, however, the City eliminated or substantially lessened
these significant effects where feasible, and has determined that the remaining significant effects
are found to be unavoidable under Section 15091 and acceptable under Section 15093;
BE IT FURTHER RESOLVED Exhibit A (Findings of Fact and Statement of
Overriding Considerations) and Exhibit B (Mitigation Monitoring Plan) of this Resolution
provide findings required under Section 15091 of the CEQA Guidelines for significant effects of
the Project; and
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PC Resolution 2008-12
April 10, 2008
BE IT FURTHER RESOLVED Exhibit A of this Resolution provides the findings
required under Section 15093 of the CEQA Guidelines relating to accepting adverse impacts of
the Project due to overriding considerations. The City has balanced the economic, legal, social,
technological, and other benefits of the project against the unavoidable environmental risks that
may result, and finds that the specific economic, legal, social, technological, and other benefits
outweigh the unavoidable adverse environmental effects. The Planning Cominission
recommends that the City Council adopt the Statement of Overriding Considerations attached
hereto as Exhibit A; and
BE IT FURTHER RESOLVED pursuant to Public Resources Code Section 21081.6,
the Planning Commission recommends that the City Council approve the Mitigation Monitoring
Plan attached as Exhibit B to this Resolution and requires the Project to comply with the
mitigation measures contained therein. The Planning Commission finds that these mitigation
measures are fully enforceable on the Project and shall be binding upon the City and affected
parties; and
BE IT FURTHER RESOLVED that any interested person may appeal this Resolution
of the Planning Commission to the City Council within 10 calendar days of its passage pursuant
to Rohnert Park Municipal Code ("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 10th day of April, 2008, by the City of
Rohnert Park Planning Commission by the following vote:
Amy Ahanotu, Chairperson, Rohnert Park Planning Commission
Attest:
Suzan Azeve , Recording Secretary
AYES: NOES: ABSENT: ABSTAIN:
ADAMS AHANOTU I/ ARMSTRONG ✓ CALLINAN _KILAT
Resolution for Certification of FEIR
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