2008/08/28 Planning Commission ResolutionResolution 2008-31
Date: August 28, 2008
PC RESOLUTION NO. 2008-31
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
WILFRED/DOWDELL VILLAGE SPECIFIC PLAN
(City of Rohnert Park)
WHEREAS, the City of Rohnert Park ("Applicant") proposes to permit
development on property currently within Sonoma County's jurisdiction, contiguous to
the City of Rohnert Park's westerly boundaries, and within the City's Local Agency
Formation Commission -approved Sphere of Influence•,
WHEREAS, Applicant proposes annexation of property and approval of a
specific plan, referred to as the Wilfi•ed Dowdell Village Specific Plan (the "Project") that
encompasses approximately 24.77 acres and proposes approximately 302,000 square feet
of commercial uses;
WHEREAS, Applicant initially retained Parsons Harland Bartholomew &
Associates to prepare an environmental impact report ("EIR") for the Project, which was
completed on June 1, 1999; however that FIR was never adopted;
WHEREAS, in 2004 the City retained MACTEC Engineering and Consulting,
Inc., a well-qualified environmental consulting fine, to prepare a revised environmental
impact report ("EIR") for the proposed Project;
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 October 27, 2004. The NOP was
distributed for a 30 -day comment period that ended on November 25, 2004. The City
subsequently initiated work on a Draft EIR for the proposed Project;
WHEREAS, the City completed the Draft FIR on January 29, 2008 and
circulated it to affected public agencies and interested members of the public for the
required 45 day public comment period from February 13, 2008 to March 28, 2008;
WHEREAS, the City's Planning Commission duly noticed and conducted a
public hearing on March 13, 2008 in order to receive comments on the Draft EIR;
WHEREAS, on August 20, 2008, the City published the Final FIR 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
Resolution for Certification of Wilfred/Dowdell FEIR
Page 1 of 3
Resolution 2008-31
Date: August 28, 2008
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 preparation, content, and processing of environmental impact reports,
have been fully implemented in the preparation of the EIR.
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.
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 in
reviewing the information submitted following the conclusion of the public comment
period on the Draft EIR, following the consultant's responses thereto, there is 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; and
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
Resolution for Certification of Wilfred/Dowdell FEIR
Page 2 of 3
Resolution 2008-31
Date: August 28, 2008
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; and
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
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 Commission 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 28th day of gust, 2008, by
the City of Rohnert Park Planning Commissio by the f lowing vote:
Amy Ahanotu, Chairperson, Rohnert Park Planning Commission
AttestIu—
zanA
evo, Recording Secretary
AYES: NOES: ABSENT: f ABSTAIN:
ADAMS ✓ AHANOTU bl� ARMSTRONG -1/ CALLINAN JT1)4111� KILAT
Resolution for Certification of WilfredlDowdell FEIR
Page 3 of 3
EXHIBIT A
CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS
RELATED TO THE WILFRED/DOWDELL VILLAGE SPECIFIC PLAN
PROJECT
A. INTRODUCTION
1. These CEQA findings are adopted for the Wilfred/Dowdell Village
Specific Plan Project described below. For ease of reference, the agency adopting these
findings is referred to as the "City." These findings pertain to the Environmental Impact
Report prepared for that project, SCH #1998072036 ("EIR").
2. These CEQA findings are attached as Exhibit A and incorporated by
reference into the resolution certifying the EIR for the Project. That resolution also
includes an Exhibit B, which contains the Mitigation Monitoring and Reporting Program
("MMRP"), and which references impacts, mitigation measures, levels of significance
before mitigation and resulting levels of significance after mitigation. All Exhibits are
incorporated by reference into each other, and into the resolution to which they are
attached.
3. These findings are based upon the entire record, described below,
and some findings are based on specific references, as noted below. References to specific
reports and specific pages of documents are not intended to identify those sources as the
exclusive basis for the finding.
B. THE PROJECT
4. "Project" as used in these findings refers to the Wilfred/Dowdell
Village Specific Plan. The Project is proposed to guide the development of an
approximately 24.77 acre commercial area located adjacent to the northwest limits of
Rohnert Park, and comprised of up to about 302,000 gross square feet (GSF) of
development. The project area north of Wilfred Avenue, which is defined as Village
North, could include up to about 56,000 GSF and could increase based on a supplemental
traffic study for a hotel project in this area. The Project site south of Wilfred, which is
defined as Village South, could include up to about 246,000 GSF of specialty commercial
businesses.
C. ENVIRONMENTAL REVIEW OF THE PROJECT
5. Pursuant to CEQA and the CEQA Guidelines (collectively
"CEQA"), the City determined that an EIR would be prepared. The City issued a Notice of
Preparation, which was circulated to responsible agencies and interested groups and
individuals for review and comment. A copy of the Notice of Preparation and comments
thereon are included in the appendices to the Draft EIR.
6. A Draft EIR was prepared for the project described in the Notice of
Preparation and Draft EIR to analyze its environmental effects. The DEIR was circulated
for public review and comment from February 13, 2008 through March 28, 2008. The
Resolution for Certification of FEIR
Page 1 of 7
1113130v2 80078/0048
Planning Commission held a public hearing on the DEIR and received oral comments on
March 13, 2008.
1). THE RECORD
7. The record upon which all findings and determinations related to the
Project are based includes the following:
a. The EIR, and all documents referenced in or relied upon by the
EIR.
b. All information (including written evidence and testimony)
provided by City staff to the Planning Commission or the City
Council relating to the EIR, the proposed approvals for the Project,
the Project or its alternatives.
c. All information (including written evidence and testimony)
presented to the Planning Commission or the City Council by the
environmental consultant and sub consultants who prepared the
FIR, and all information incorporated into reports presented to any
of those bodies.
d. All information (including written evidence and testimony)
presented to the City from other public agencies relating to the
Project or the EIR.
e. All applications, letters, testimony and hearing presentations given
by any of the project sponsors or their consultants to the City in
connection with the Project.
f All information (including written evidence and testimony)
presented to the City regarding the Project or the EIR, before the
close of the last public hearing related to the Project.
g. For documentary and information purposes, all locally -adopted
land use plans and ordinances, including, without limitation,
general plans, specific plans, redevelopment plans and ordinances,
together with environmental review documents, findings,
mitigation monitoring programs and other documentation relevant
to planned growth in the area.
h. All other documents comprising the record pursuant to Public
Resources Code section 21167.6(e).
8. The City concludes that all the evidence supporting these findings
was presented in a timely fashion, and early enough to allow adequate consideration by the
City. The custodian of the documents and other materials that constitute the record of
proceedings on which the City's decision is based is the Director of Community
Resolution for Certification of PBIR
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11HUM 80078/0048
Development or designee. Such documents and other materials are located at the Planning
Division, City of Rohnert Park, 6750 Commerce Boulevard, Rohnert Park, California
94928.
9. These findings are based upon substantial evidence in the entire
record before the City. The reference to certain pages or sections of documents set forth in
these findings are for ease of reference and are not intended to provide an exhaustive list of
the evidence relied upon for these findings.
E. CERTIFICATION OF THE F.IR
10. In accordance with CEQA, the City certifies that the EIR has been
completed in compliance with CEQA, that the EIR was presented to the decision making
body and that the decision making body reviewed and considered the information
contained in the EIR prior to approving any aspect of the Project. Preparation of the EIR
has been overseen by the Director of Community Development, and the conclusions and
recommendations in the document represent the independent conclusions and
recommendations of the City. The EIR and these findings represent the independent
judgment and analysis of the City. By these findings, the City confirms, ratifies and adopts
the findings and conclusions of the EIR, as supplemented and modified by these findings.
11. The City recognizes that the EIR contains clerical errors. The City
has reviewed the entirety of the EIR and bases its determinations on the substance of the
information it contains.
12. The Council has reviewed and considered all comments and
presentations regarding the adequacy of the EIR.
13. The City certifies that the EIR is adequate to support the approval of
the Project, each alternative in the EIR, and variations within the range of alternatives in
the EIR. The EIR is adequate for all responsible agency approvals referenced in the EIR.
The EIR is adequate for each entitlement or approval (including those from responsible
agencies) required for all aspects of construction and operation of the Wilfred/Dowdell
Village Specific Plan Project, and the EIR comprises a program -level EIR for all those
entitlements and approvals.
F. ABSENCE OF SIGNIFICANT NEW INFORMATION
14. The City recognizes that the EIR incorporates information obtained
and produced after the Draft EIR was circulated, and that it contains additions,
clarifications, and modifications. The City has reviewed and considered the entire EIR and
all of this information. The EIR does not include significant new information that would
require additional recirculation under CEQA. The new information added to the Draft EIR
does not involve a new significant environmental impact, a substantial increase in the
severity of an environmental impact, or a feasible project alternative or mitigation measure
considerably different from others previously analyzed that the project sponsor declines to
adopt and that would clearly lessen the significant environmental impacts of the Project.
No information indicates that the Draft EIR was inadequate or conclusory.
Resolution for Certification of FEIR
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1113130v2 80078/0048
15. Accordingly, information added to the Draft EIR reveals that none of
the following are present: (1) a significant new environmental impact that would result
from the Project or an adopted mitigation measure; (2) a substantial increase in the severity
of an environmental impact; (3) a feasible project alternative or mitigation measure not
adopted that is considerably different from others analyzed in the Draft EIR that would
clearly lessen the significant environmental impacts of the Project; or (4) information that
indicates that the public was deprived of a meaningful opportunity to review and comment
on the Draft EIR. The City finds that the additions, changes and modifications made to the
EIR do not collectively or individually constitute significant new information within the
meaning of Public Resources Code section 21092.1 or CEQA Guidelines section 15088.5.
G. MITIGATION MEASURES, CONDITIONS OF APPROVAL AND
MMRP
16. Public Resources Code section 21081.6 and CEQA Guidelines
section 15097 require the City to adopt a monitoring or reporting program to ensure that the
mitigation measures and revisions to the Project identified in the EIR are implemented.
The Mitigation Monitoring and Reporting Program ("MMRP") is included in Exhibit B,
and is adopted by the City. The MMRP satisfies CEQA's requirements.
17. The mitigation measures recommended by the EIR and reflected in
the conditions of approval are specific and enforceable. As appropriate, some mitigation
measures define performance standards to ensure no significant environmental impacts.
The MMRP adequately describes conditions, implementation, verification, a compliance
schedule and reporting requirements to ensure the Project complies with the adopted
mitigation measures. The MMRP ensures that the mitigation measures are in place, as
appropriate, throughout the life of the Project.
18. The mitigation measures set forth in Exhibit B are derived from the
mitigation measures set forth in the EIR, modified as necessary as to form to reflect
updated information that has not required any significant change in the nature of the
impacts or the adequacy of the mitigation.
19. The City adopts and imposes the mitigation measures recommended
in the EIR, as modified, as enforceable conditions of the Project, except to the extent and as
noted below. In the event a feasible mitigation measure, which the EIR concludes would
mitigate a potentially significant impact, has been inadvertently omitted from the
conditions of approval or the MMRP, that mitigation measure is adopted and incorporated
from the EIR into the MMRP by reference and adopted as a condition of approval. These
mitigation measures comprise the measures to reduce potentially significant impacts
whenever it is feasible to do so. Whenever it is feasible to do so, potentially significant
impacts have been reduced to a level less than significant. Where mitigation measures
have been imposed, but they do not reduce the impact to a level less than significant, it is
because it is not feasible to reduce impacts further. The City has substantially lessened or
eliminated all significant environmental effects where feasible. The mitigation measures
incorporated into and imposed upon the Project will not have new significant
environmental impacts that were not analyzed in the Draft EIR.
Resolution for Certification of FEIR
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1113130v2 80078/0048
20. The City determines that all mitigation measures the F,IR concludes
would mitigate potentially significant impacts are feasible, for the reasons stated in the EIR
and in materials presented by staff and by the applicants, with the exceptions set forth the
remaining paragraphs.
21. Upon determining that any particular condition of approval has
become infeasible, the Director of Community Development may permit substitution of
equivalent measures that achieve the same level of environmental protection as the listed
measure, as determined by staff or consultants with expertise in the relevant area.
H. FINDINGS REGARDING IMPACTS
22. In accordance with Public Resources Code section 21081 and CEQA
Guidelines sections 15091 and 15092, the City adopts the findings and conclusions
regarding impacts and mitigation measures that are set forth in the FIR, and summarized in
Exhibit B. These findings do not repeat the full discussions of environmental impacts
contained in the EIR. The City ratifies, adopts and incorporates the analysis, explanation,
findings, responses to comments and conclusions of the EIR. The City adopts the
reasoning of the FIR, of staff reports, and of staff and the presentations provided by the
project sponsors.
23. Under Public Resources Code section 21081(a)(2) and CEQA
Guidelines section 15091(a)(2) and 15092(b)(2)(A), the City recognizes that some
mitigation measures require action by, or cooperation from, other agencies. Similarly,
mitigation measures requiring the project sponsor to contribute towards improvements
planned by other agencies will require the relevant agencies to receive the funds and spend
them appropriately. The City also recognizes that some cumulative impacts will be
feasibly mitigated when other agencies build the relevant improvements, which also
required action by these other agencies. For each mitigation measure that requires the
cooperation or action of another agency, the City finds that adoption and/or implementation
of each of those mitigation measures is within the responsibility and jurisdiction of another
public agency, and that the measures can and should be adopted and/or implemented by
that other agency. If the other agency fails to implement these measures, then the impacts
remain significant and unavoidable, and are overridden as noted below.
24. Under Public Resources Code section 21081(a)(3) and (b), and
CEQA Guidelines sections 15091(a)(3), 15092(b)(2)(B) and 15093, the City determines
that the remaining significant effects on the environment, as reflected in the EIR and in
Exhibit B, are unavoidable and are acceptable due to the overriding considerations
described below.
I. FINDINGS REGARDING ALTERNATIVES
25. The City finds that specific economic, social, environmental,
technological, legal or other considerations make infeasible the alternatives to the Project
as discussed in the EIR, and justify approval of the Project despite remaining impacts, as
more fully discussed in the Statement of Overriding Considerations.
Resolution for Certification of FGIR
Page 5 of 7
1113130x2 80078/0048
26. The FIR evaluated a reasonable range of alternatives to the original
project that was described in the Draft EIR. These alternatives include (1) a No Project
Alternative; and (2) an All Commercial Project. The analysis examined the feasibility of
each alternative, the environmental impacts of each alternative, and the ability of each
alternative to meet the project objectives.
27. The City certifies that it has independently reviewed and considered
the information on alternatives provided in the EIR and in the record. The EIR reflects the
City's independent judgment as to alternatives. The City finds that the Project provides the
best balance between satisfaction of the project objectives and mitigation of environmental
impacts to the extent feasible, as described and analyzed in the EIR. The City's goal in
pursuing the Project, and the Project objectives, are to implement its General Plan policies
and goals to provide for land uses that offer regional commercial development in a
pedestrian -oriented setting. The alternatives do not achieve these goals.
28. The project as proposed in the Draft EIR and all the remaining
alternatives are rejected as infeasible, for the reasons stated in the EIR and for the
following reasons.
29. Business Park Alternative. This alternative proposes a business park
employment center on the west side of Rohnert Park with the same square footage as the
Project that would be similar to such business parks in the City and nearby cities such as
Santa Rosa. This alternative would reduce vehicular trips and traffic congestion during the
PM peak hour as compared to the Project, with concomitant reductions in air pollutants.
However, the use of the property for offices is inconsistent with the 2000 General Plan,
which designates the property for Regional Commercial use. Lands to the north, east, and
south are currently developed with commercial uses and lands to the west are designated
for Regional Commercial use. The development of offices on the Project site would be
inconsistent with existing and proposed commercial uses in the immediate area. The
General Plan does allow for office uses within the adjacent Northwest Specific Plan Area,
so the potential for office development in the vicinity of the Project site already exists.
30. Off-site Alternative. City staff identified a potentially comparable
site on the west side of Highway 101 north of the Gravenstein Highway (State Route 116)
in the City of Cotati. The site had been proposed for an outlet mall, somewhat similar to
the proposed Project shopping center but has since been developed as a retail center. The
Off-site Alternative and the Project would have very similar effects, however, the Off-site
Alternative is determined to be inappropriate because it has recently been developed with a
large commercial tenant building and residential uses, therefore it is no longer available as
a site for the Project. Furthermore, there are no alternative sites in the vicinity of Rohnert
Park that are of the of the proper size and configuration to support the project.
31. No Project Alternative. This project involves continuation of
existing property uses. Since there would be no site disturbance and no increased traffic
under the No Project Alternative, it would have fewer impacts and would be
environmentally superior to the Project and other alternatives.
Resolution for Certification of FGIR
Page 6 of 7
1113130x2 80078/0048
32. The City also notes that the determination whether a proposal is
feasible involves consideration of whether it is capable of being accomplished in a
successful manner within a reasonable period of time, taking into account economic,
environmental, legal, social and technological factors. These factors involve a weighing
and balancing of social, economic, technical, General Plan and Project goals and
objectives, which in turn involve a balancing of policy -related issues. The City finds that
the combination of benefits and impacts presented by the Project, as conditioned and
mitigated, comprises a feasible, economic and rational method of achieving General Plan
goals and policies.
33. The City also bases its determinations regarding alternatives on
Public Resources Code section 21085 and CEQA Guidelines section 15092(c). These
sections preclude a public agency from reducing the proposed number of housing units as a
mitigation measure or project alternative for a particular significant effect on the
environment if the agency determines that there is another feasible specific mitigation
measure or project alternative that would provide a comparable level of mitigation.
J. STATEMENT OF OVERRIDING CONSIDERATIONS
34. The Project meets the General Plan's objectives and goals regarding
compact urban development, providing for slow, managed and predictable growth,
constructing infrastructure in anticipation of development, and providing a pedestrian -
friendly commercial environment. The Project site is bordered by existing Regional
Commercial development on three sides, with lands designated for Regional Commercial
development situated to the west, so the proposed development would further the City's
goal of creating a viable commercial district in this area. The City's Economic
Development Action Plan (EDAP) directs the City to create quality community gathering
places for the enjoyment of residents and the attraction of visitors, and the Project is in
keeping with this direction. The incorporation of a potential hotel site within the Project is
also consistent with the EDAP's direction that the City expand the attractions and amenities
that serve both the local population and visitors.
35. Regarding circulation, the extension of Dowdell Avenue south to
intersect Business Park Drive is included as a planned improvement in the City's General
Plan Land Use Element. This extension will facilitate the development of a parcel of land
south of the Project site by allowing for necessary access to the parcel from the extension
of Dowdell Avenue. This would not be growth inducing, however, because the parcel is
inside the City's sphere of influence and anticipated for development in the General Plan.
The Dowdell Avenue extension will include Class II bike lanes to encourage the use of
alternative modes of transportation. In addition to improving circulation, the proposed
commercial uses will be located within convenient access to Sonoma County and Golden
Gate Transit routes, allowing for mass transit uses to/from the Project site. The Council
adopts the conclusions and analysis presented in those documents.
36. The Project will provide a unique commercial center that can
become a pedestrian -oriented gathering place for residents and visitors.
Resolution for Certification of PEIR
Page 7 of 7
1113130v2 80078/0048
EXHIBIT "B" - MITIGATION MONITORING & REPORTING PROGRAM
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