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HomeMy WebLinkAbout2009-31 Airport Industrial Park Property purchaseRESOLUTION NO. 2009- 31 WHEREAS: 1. The City of Ukiah ("City") and Ukiah Redevelopment Agency ("Agency") as Lead Agencies, have prepared an Initial Environmental Study and a Mitigated Negative Declaration, dated June 18, 2009, for the City of Ukiah and City of Ukiah Redevelopment Agency Agreements to Purchase Real Property -Airport Industrial Park; and 2. Under the agreements, the Agency will acquire approximately 18.38 acres of land ("the Property"), including the property on the east side of Airport Park Boulevard in the Airport Industrial Park, consisting of approximately 14.5 acres ("TKH Property"), owned by TKH Coastal Property Investments, LLC., and TKH Ukiah Property, LLC (collectively, "TKH") and two parcels from Legacy Four-Ukiah, LLC ("Legacy") adjacent to the north boundary of the TKH Property (consisting of approximately 3.88 acres). In addition, Redwood Business Park of Ukiah, LP and FYHRCO, Inc. (collectively, "RBP") will write down the amount owed under the promissory notes it holds on the TKH Property, and the Agency would acquire a 3 year option to purchase from RBP another approximately 14.75 acres on the west side of Airport Park Blvd. across from the TKH Property; and 3. The Initial Environmental Study and Mitigated Negative Declaration found that the proposed Agreement to purchase land in and of itself would not have significant adverse impacts on the environment, because the zoning and development opportunities would not change as a result of the change in ownership of land; and 4. Future development projects on the subject parcels would be subject to CEQA evaluation, and determinations made as to whether or not those projects would be consistent with the assumptions and scope of the 1995 certified Airport Industrial Park Program EIR and subsequent Traffic studies. The 1995 EIR Mitigation Program would be applied to those projects as it has been for all development projects proposed and approved since that time. 5. The Initial Environmental Study and Mitigated Negative Declaration were publicly noticed and made available for public review and written comments between June 20, 2009 and July 13, 2009, and no written comments were received; and 6. Pursuant to CEQA Guidelines 14 California Code of Regulations ("CRR") Section 15074 the decision-making body of the City, in this case the City Council and the Agency, prior to approving the project, shall consider the proposed mitigated negative declaration and approve the project only if they find on the basis of the whole record before them, including the negative declaration and any comments received, that there is no substantial evidence that the project, as mitigated, will have a significant effect on the environment and that the mitigated negative declaration reflects the independent judgment and analysis of the City and the Agency; and 7. The agreements to purchase the Property do not obligate the Agency to purchase the Property or the City to perform its obligations under the agreements, until the City and the Agency have complied with CEQA by completing an initial study and adopting a negative declaration or an EIR; and 8. The City Council and the Agency have determined to approve the project by adopting the proposed negative declaration and notifying TKH, Legacy and RBP that the City and the Agency have complied with CEQA and, therefore, remove the CEQA contingency from the agreements; and 9. The City Council and the Agency have based their decision on the record which includes those items identified in Public Resources Code Section 21167.6(e), including, but not limited to, the Initial Study, the 1995 certified Airport Industrial Park Program EIR and subsequent Traffic studies, referenced in the Initial Study, the 1999 Mitigated Negative Declaration adopted for the rezoning of 32 acres south of Commerce Drive and west of Airport Park Boulevard, and the 2004 Mitigated Negative Declaration adopted for revisions to the Planned Development Ordinance for the same acreage, the resolutions adopted in connection therewith, and all documents referenced in or relied upon in the just referenced EIR, Mitigated Negative Declarations, and traffic studies, all of which reflect the independent judgment and analysis of the City and the Agency; and 10. The record of proceedings upon which this decision is based, including the Redwood Business Park project files maintained in the office of the Director of Planning and Community Development, the office of the Public Works Director/City Engineer, Civic Center, 300 Seminary Avenue, Ukiah, CA. 95482, and the Executive Director of the Ukiah Redevelopment Agency, Civic Center, 300 Seminary Ave., Ukiah, CA.` 9,5482, as the custodians of the record, are available for public inspection upon request of the Director of Planning and Community Development or his/her designee; and 11. As set forth below, the City Council and the Agency find on the basis of substantial evidence in the record of proceedings and the public comments received during the public review period that the project, as mitigated by the mitigations in the Program EIR and the subsequently approved Mitigated Negative Declarations and associated resolutions, that the purchase of the Property by the Agency and the performance by the City of its obligations under the agreements will not have a significant adverse impact on the environment; and 12. The program for reporting on or monitoring the conditions of approval imposed on development within the Airport Industrial Park, including the Property, previously adopted by the City Council are incorporated herein and shall be the program used to monitor the implementation of those conditions on the Property; NOW, THEREFORE, BE 1 that the City Council of the City of Ukiah finds as follows: Based upon the analysis, findings and conclusions contained in the Initial Environmental Study, the project, as mitigated, does not have the potential to degrade the quality of the local or regional environment; 2. Based upon the analysis, findings and conclusions contained in the Initial Environmental Study, the project, as mitigated, will not result in short-term impacts that will create a disadvantage to long-term environmental goals; 3. Based upon the analysis, findings and conclusions contained in the Initial Environmental Study, the project, as mitigated, will not result in impacts that are individually limited, but cumulatively considerable; and 4. Based upon the analysis, findings and conclusions contained in the Initial Environmental Study, the project, as mitigated, will not result in environmental impacts that will cause substantial adverse effects on human beings, either directly or indirectly. The Initial Environmental Study examined areas of potential impacts and evaluated them in light of the 1995 Program EIR to determine if the project would result in new or increased impacts. Based on the conclusions reached in the Initial Environmental Study, it has been determined that the proposed Agreement to purchase land in and of itself would not have significant adverse impacts on the environment because the zoning and development opportunities would not change as a result of the project. However, future development projects would be subject to CEQA evaluation, and determinations made as to whether or not those projects would be consistent with the assumptions and scope of the 1995 certified Program EIR and subsequent Traffic studies. The 1995 Mitigation Program would be applied to those projects as it has been for all development projects proposed and approved since that time. 5. The conclusion that the proposed Agreement to Purchase Land would not in and of itself have significant adverse impacts on the environment is based on the following: a. The Airport Industrial Park has built out less intensively than assumed in the 1995 Program EIR, as evidenced in the analysis contained in this Initial Environmental Study. b. The development potential for the properties involved in the Agreement to Purchase Land would not change from what is currently possible because the project would not change the Airport Industrial Park Planned Development Ordinance which contains the allowed and permitted land uses and the required development standards. Moreover, while the Agency will acquire title to the 18 Acres and an option to purchase the 14.75 acres, no more information is available now about the specific projects that will be constructed on this property than was known when the Program EIR and the 2004 and 2007 Mitigated Negative Declarations were adopted by the City. c. The 2004 and 2007 Mitigated Negative Declarations approving the rezonings of the subject properties found no additional new environmental impacts resulting from those actions except for traffic. d. The 2004 and 2007 Traffic Studies prepared for the rezonings found that the proposed re- designation of the subject properties to a classification that would potentially allow full retail commercial development would require a new traffic signal at the intersection of Commerce Drive and Airport Park Boulevard to maintain the required Level of Service "D" at impacted intersections. e. The 2004 and 2007 Mitigated Negative Declarations included a mitigation measure requiring the traffic signal when commercial development is approved on the subject properties. f. The hydrology, geology and soils on the site have not changed and the mitigation measures contained in the 1995 Program EIR are still appropriate, reasonable and feasible. g. The biological setting of the site has not changed and the mitigation measures contained in the 1995 Program EIR are still appropriate, reasonable and feasible. h. The historic and cultural resource setting has not changed and the mitigation measures contained in the 1995 Program EIR are still appropriate, reasonable and feasible. i. The existing Light Manufacturing/Mixed-Use designation on the parcels affected by the proposed Agreement to Purchase Land would not change and it contains architectural and landscaping standards intended to produce attractive well designed developments consistent with the requirements of the 1995 Program EIR. j. The landscaping standards contained in the Light Manufacturing/Mixed-Use designation are intended, in part, to result in energy conservation consistent with the requirements of the 1995 Program EIR. k. The noise setting of the site is consistent with what was assumed in 1995 and the mitigation measures contained in the 1995 Program EIR are still appropriate, reasonable and feasible. 6. The City Council and the Agency are able to conclude that the proposed agreements to purchase the Property in and of themselves would not have significant adverse impacts on the environment, because the zoning and development opportunities would not change as a result of the change in ownership of land. The Council is also able to conclude that future development projects on the subject parcels would be subject to CEQA evaluation, and determinations made as to whether or not those individual projects, when clearly defined, would be consistent with the assumptions and scope of the 1995 certified Airport Industrial Park Program EIR and subsequent Traffic studies. The 1995 EIR Mitigation Program would be applied to those projects as it has been for all development projects proposed and approved since that time. 7. The proposed Mitigated Negative Declaration is hereby approved and adopted. 8. The City Council and the Ukiah Redevelopment Agency hereby: (1 waive the CEQA contingencies in the agreements covered by the mitigated negative declaration; specifically, Section 1.ii in the Assignment and Assumption Agreement with RBP, Section 1.2.e in the Option Agreement with RBP, Section 2.a.ii in the Purchase Agreement with TKH and Section 2.a.ii in the Purchase Agreement with Legacy Four; and (2) authorize the City Manager/Agency Executive Director to notify the parties to these agreements of these actions. PASSED AND ADOPTED by the City Council of the City of Ukiah this 27th day of July, 2009 by the following roll call vote: AYES: Councilmember Landis, Thomas, Crane, Rodin, and Mayor Baldwin NOES: None ABSENT: None ABSTAIN: None Philip E. Baldwin, Mayor ATTEST: JoAnne Currie, City Clerk PASSED AND ADOPTED by the Redevelopment Agency of the City of Ukiah this 27th day of July, 2009 by the following roll call vote: AYES: Commissioner Landis, Thomas, Crane, Rodin, and Mayor Baldwin NOES: None ABSENT: None ABSTAIN: None Philip E. Baldwin, Chairman ATTEST: JoAnne Currie, City Clerk