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HomeMy WebLinkAbout2010-03 Orchard Ave substation plan amendRESOLUTION NO. 2010 - 03 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH MAKING FINDINGS PURSUANT TO THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ("CEQA") TO ADOPT A MITIGATED NEGATIVE DECLARATION FOR THE ORCHARD AVENUE SUBSTATION GENERAL PLAN AMENDMENT, REZONING, SITE DEVELOPMENT PERMIT, USE PERMIT, AND BOUNDARY LINE ADJUSTMENT WHEREAS: 1. The City of Ukiah as Lead Agency has prepared an Initial Environmental Study and a Mitigated Negative Declaration, dated November 18, 2009 for the Orchard Avenue Substation General Plan Amendment, Rezoning, Site Development Permit, Use Permit and Boundary Line Adjustment; and 2. The Orchard Avenue Substation project will change the general plan land use designation to Public from High Density Residential and Commercial and the zoning designation to Public Facilities from Planned Development and Commercial in order to allow the construction of a new electric substation on 1.26 acres. Planning Commission approval of a site development permit is required prior to construction of the facility and Planning Commission approval of a use permit is required to allow a wall in excess of 6-feet in height to enclose the facility. City Engineer approval of a boundary line adjustment is required in order to reconfigure the nine existing parcels into three parcels: Parcel 1 for the substation; Parcel 2 vacant; and Parcel 3 developed with the Gobbi Street well, as shown on Exhibit A; and 3. The Initial Environmental Study and Mitigated Negative Declaration found that the proposed project had the potential to have a significant impact on aesthetics, air quality, biological resources, cultural resources, geology and soils, hazards and hazardous materials, hydrology and water quality, noise, and transportation and traffic and that the impacts identified could be reduced to a less than significant level with the incorporation of mitigation measures as identified in the Initial Environmental Study and agreed to by the project proponent; and 4. The Initial Environmental Study was prepared and demonstrated that there is no substantial evidence that supports a fair argument that the project, as mitigated and conditioned, would have a significant effect on the environment; and 5. The Initial Environmental Study and Mitigated Negative Declaration were publicly noticed and made available for public review and written comments between November 20, 2009 and December 10, 2009, and no written comments were received; and 6. A Mitigation Monitoring Program has been prepared to ensure compliance with the adopted mitigation measures and the mitigation measures have been agreed to by the project proponent. 7. The Initial Environmental Study and Mitigated Negative Declaration and record of proceedings of the decision on the project are available for public review at the City of Ukiah Planning Department, Ukiah Civic Center, Planning Division, 300 Seminary Avenue, Ukiah, CA. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ukiah finds as follows: 1. 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. 5. The Initial Environmental Study examined areas of potential impacts that may result from the implementation of the proposed project. Based on the conclusions reached in the Initial Environmental Study, it has been determined that the proposed project has the potential to have significant environmental impacts on aesthetics, air quality, biological resources, cultural resources, geology and soils, hazards and hazardous materials, hydrology and water quality, noise, and transportation and traffic without the implementation of mitigation measures and/or revisions to the project. The analysis and conclusions reached in the Initial Environmental Study identified mitigation measures that would reduce potential impacts on aesthetics, air quality, biological resources, cultural resources, geology and soils, hazards and hazardous materials, hydrology and water quality, noise, and transportation and traffic to less than significant levels based on the following: Aesthetics Potential Impact: Removal of the 5-foot diameter Coast Redwood tree located on the project site and the construction of the substation itself has the potential to substantially degrade the visual character or quality of the site. The project will not substantially degrade the visual character or quality of the site with the inclusion of mitigation measures that require 1) a landscaping plan to be prepared for the project that includes street trees that will help screen the facility from the public view and provide replacement trees proximate to/in the vicinity of the 5-foot diameter redwood removed from the site and that extend from the southern end of the project frontage to the corner of East Gobbi Street and Orchard avenue and 2) a 10-foot tall masonry wall to enclose the facility as shown on the project plans that will screen much of the equipment from view and is required to be a natural/earth-tone color to coordinate with the landscaping and 3) require Planning Commission approval of the landscaping plan and the wall color as a condition of approval for the Site Development Permit and Use Permit. The inclusion of these mitigation measures will reduce visual impacts to a less than significant level. Potential Impact: The project will introduce a new source of light due to the installation of lighting fixtures to illuminate the site during night-time repair or servicing of the substation facility. 2 The project will not have a significant impact related light and glare due to the installation of lighting fixtures with the inclusion of a mitigation measure that requires the lighting installed for the project to meet the International Dark Sky Association standards and requires the final lighting plan and cutsheets to be reviewed and approved by Planning Commission as part of the conditions of approval of the Site Development Permit. Air Quality Potential Impacts: Short-term temporary impacts related to air quality standards, a net increase in criteria pollutants, and the exposure of sensitive receptors for substantial pollutant concentrations may occur during the construction phase of the project due to fugitive dust and may result from the planned demolition of the structure at 5 Robinson Lane, which due to its age may contain lead based paint and asbestos. The project will not have a substantial adverse effect related to air quality standards with the inclusion of mitigation measures that require compliance with Mendocino County Air Quality Management District (MCAQMD) Regulation 1, Rule 430 regarding fugitive dust emissions which will reduce potential impacts related to State PM-10 standards and/or air-borne soil erosion to less than significant levels. The project will not result in a significant impact related to the release of lead based paint and/or asbestos into the environment with the inclusion of a mitigation measure that requires City of Ukiah approval of a demolition permit and as part of the demolition permit application materials, an air quality permit from the MCAQMD is required which will ensure that the demolition of the structure does not result in the release of asbestos or lead based paint into the environment, thereby reducing the impact to a less than significant level. Biological Resources Potential Impact: Due to the removal of on-site trees, the project may impact native resident or migratory birds. The project will not result in substantial adverse effects to native resident or migratory birds in that a query of the California Natural Diversity Data Base and other State and Federal lists were conducted and an informal consultation with the Mendocino County Office of the California Department of Fish and Game was also conducted and did not identify any native resident or migratory birds known to inhabit the project site; and with the inclusion of a mitigation measure that requires a pre-construction survey of the site to be conducted by a qualified biologist two weeks prior to removing any trees if site preparation and/or tree removal are to occur during the spring bird nesting season (February to July). Cultural Resources Potential Impact: The project could result in potential impacts related to the inadvertent discoveries of archeological resources. The project will not result in substantial impacts related to archeological resources in that the project site is not known to contain any cultural resources and is not identified on the City of Ukiah General Plan as an area having "high cultural sensitivity" and a mitigation measure has been added to the project to address the inadvertent discovery of 3 archeological resources that requires construction to immediately halt, the Planning Department to be notified, and the project proponent to fund the hiring of a qualified professional archeologist. In addition, a mitigation measure has been added that requires notification of the Guidiville Indian Rancheria in the event artifacts are discovered during the excavation phase of the project. Potential Impact: The project could result in potential impacts related to the inadvertent discovery of human remains, including Native American remains. The project will not result in substantial impacts related to the inadvertent discovery of human remains in that the project was referred to the North West Information Center (NWIC) for a records search of historical or archaeological resources that may be associated with the project site and the written response stated "Review of this information indicates that the proposed project area contains no recorded Native American or historic-period archeological resources" and was also referred to the Native American Heritage Commission and the twelve Native American tribes in the area identified by the NAHC from which one response was received from the Guidiville Indian Rancheria that "At this time, the Guidiville Indian Rancheria does not have any potential or existing archeological or historical sites within or the Project Area." In addition mitigations measures have been added that require compliance with CEQA Guidelines Section 15064.5(e) which identifies the steps that shall be taken in the event of inadvertent discovery of human remains and compliance with Health and Safety Code Section 7050.5, Disturbance of Human Remains and that require the notification of the Guidiville Indian Rancheria. Geology and Soils Potential Impact: There are potential impacts related to existing fill materials, moderately expansive near-surface soils and earthquake hazards, including potentially liquefiable sand layers on-site. There will not be substantial impacts related to existing fill materials, moderately expansive near-surface soils and earthquake hazards, including potentially liquefiable sand layers as all of the recommendations included in the Geotechnical Investigation prepared by Alan Kropp and Associates have been added to the project as Mitigation Measures. Potential Impact: There are potential impacts due to soil erosion during storm events and the potential for loss of topsoil during the grading and site preparation phase of the project. There are potential impacts due to sediment and particulate matter escaping the site from stockpiled construction materials and soils during storm events. There will not be substantial impacts related to soil erosion during storm events as a Mitigation Measure has been added to the project for the preparation of a Storm Water Pollution Prevention Plan (SWPPP) and implementation of the SWPPP and it recommended best practices are required to be in accordance with the Construction General Permit 99-08 of the State Water Resources Control Board. The SWPP shall also identify measures for erosion control for any stockpiled materials, including topsoil. Hazards and Hazardous Materials Potential Impact: The project has the potential to result in a significant impact related to the routine use of large amounts of mineral oil to enclose each of the three transformers and the use 4 of petroleum hydrocarbons and their derivatives (e.g. gasoline, diesel fuels, oils, lubricants and solvents) during the construction phase of the project. The project will not result in a significant impact related to the routine use of mineral oil or the use of petroleum hydrocarbons and their derivatives in that mitigation measures have been added that 1) require the preparation of a Spill Prevention Control and Countermeasure Plan (SPCCP) to be reviewed and approved by the City of Ukiah Public Works Department 2) limit the storage of fuels on-site to 2,000 gallons at any given time 3) require contractor's vehicle and equipment cleaning, maintenance and fueling to be staged and performed at the location designated by the City of Ukiah Public Works Department and pursuant to the Storm Water Pollution Prevention Plan required for the project and 4) require the construction equipment to be maintained and kept in good operating condition in order to reduce the likelihood of line breaks and leakage. Potential Impacts: The project has the potential to result in a significant impact related to the release of the hazardous materials into the environment due to the planned demolition of the structure located on the project site at 5 Robinson Lane, which due to its age has the potential to contain lead based paint and asbestos and the potential to encounter contaminated soil during the construction phase of the project. The project will not result in a significant impact related to the release of lead based paint and asbestos into the environment in that a mitigation measure has been included that requires City of Ukiah approval of a demolition permit and as part of the demolition permit application materials, an air quality permit from the MCAQMD is required. Potential Impacts: The operational phase of the project may result in significant impacts related to safety risks to air traffic due to electronic interference with aircraft navigation or communication that could be caused by the electric magnetic field created by the substation. The project will not have a significant impact on aircraft navigation or communication equipment in that the project was referred to the Mendocino County Airport Land Use Commission for review and the written response from the ALUC staff planner stated "since the proposed project is not directly under the flight path, there most likely would be no interference with communications of navigation" and the comments also noted that some members of the ALUC indicated that they have never experienced from the existing electrical substation nor have they heard of others experiencing such interference. In order to ensure that the project will not have a significant impact related to aircraft navigation or communication equipment, mitigation measures have been added to the project that require the submittal of form 7460-1 (Notice of Proposed Construction or Alteration) to the Federal Aviation Administration and FAA approval of the project prior to issuance of a building permit and FAA Oakland Technical Support contact and approval of the project as required by FAA regulations. Hydrology and Water Quality Potential Impacts: The project has the potential to result in a significant impact related to water quality standards since the construction of the project involves grading, excavation, the installation of underground foundations and facilities, the import and export of materials, the retention of top-soil onsite to be reused in landscaping purposes, and the on-site stockpiling of materials there is have the potential to create sediment that can result in the run-off of sediment that could enter the City's storm drain system and eventually local streams and the Russian River. 5 The construction of the project will not result in a significant impact to water quality in that the Ukiah City Code requires the preparation of an erosion control plan as part of the grading plans required for the project and since the project site is more than one (1) acre in size the Regional Water Quality Control Board requires a Storm Water Pollution Prevention Plan (SWPPP) to be prepared for the project. A mitigation measure has been added to the project that requires City of Ukiah Public Works Department review and approval of the SWPPP. Noise Potential Impacts: The project has the potential to cause a significant temporary short-term increase in noise levels due to the use of heavy equipment and other noise generating tools during the construction phase of the project. The project will not result in a significant noise impact during the construction phase of the project with the addition of a mitigation measure that limits construction activity to Monday through Friday from 7:00 a.m. to 6:00 p.m. and Saturday from 9:00 a.m. to 4:00 p.m. Transportation and Traffic Potential Impacts: The operational phase of the project may result in a significant impact related to safety risks to air traffic due to electronic interference with aircraft navigation or communication that could be caused by the electric magnetic field created by the substation. The project will not have a significant impact on aircraft navigation or communication equipment in that the project was referred to the Mendocino County Airport Land Use Commission for review and the written response from the ALUC staff planner stated "since the proposed project is not directly under the flight path, there most likely would be no interference with communications of navigation" and the comments also noted that some members of the ALUC indicated that they have never experienced from the existing electrical substation nor have they heard of others experiencing such interference. In order to ensure that the project will not have a significant impact related to aircraft navigation or communication equipment, mitigation measures have been added to the project that require the submittal of form 7460-1 (Notice of Proposed Construction or Alteration) to the Federal Aviation Administration and FAA approval of the project prior to issuance of a building permit and FAA Oakland Technical Support contact and approval of the project as required by FAA regulations. 6. The revisions in the project plans or proposals made by, or agreed to by, the project proponent before the adoption of the proposed mitigated negative declaration and initial study would avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment would occur. 7. There is no substantial evidence in light of the whole record before the City of Ukiah that the project, as revised, may have a significant effect on the environment. PASSED AND ADOPTED this 3rd day of February, 2010 by the following roll call vote: AYES: NOES: 6 ABSENT: Councilmembers Landis and Crane ABSTAIN: None Benj Thomas, Mayor ATTEST: JoAnne Currie, City Clerk