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HomeMy WebLinkAbout2011-40 Neg Dec RailRoad Depot siteRESOLUTION NO. 2011-40 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH MAKING FINDINGS PURSUANT TO PUBLIC RESOURCES CODE SECTION 21081 AND CALIFORNIA ENVIRONMENTAL QUALITY ACT ("CEQA") GUIDELINES SECTION 15091 IN CONNECTION WITH CITY OF UKIAH POTENTIAL PURCHASE AND SALE OF REAL PROPERTY AND SOIL CONTAMINATION REMEDIATION — RAILROAD DEPOT SITE PROPERTY (APN'S 002-232-12,13 AND APN'S 002-282-18,19) WHEREAS: The City of Ukiah as Lead Agency, has prepared an Initial Environmental Study and a Mitigated Negative Declaration, dated July 13, 2011 for the City of Ukiah acquisition/sale of real property and Soil contamination remediation — Railroad Depot property; and 2. The acquisition/sale and soil contamination remediation would occur on an approximate 10-11 acres; and 3. The Initial Environmental Study and Mitigated Negative Declaration found that the proposed property acquisition/sale in and of itself would not have significant adverse impacts on the environment because no site disturbance, grading or construction would occur and 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, based on their size, scope and intensity, would result in significant adverse impacts on the environment; and 5. The Initial Environmental Study and Mitigated Negative Declaration found that the soil contamination remediation would potentially have significant impacts on the environment related to air quality, biological resources, hazards/hazardous substances, cultural resources, and traffic. Feasible and reasonable mitigation measures were identified that eliminated or reduced those impacts to levels of insignificance; and 6. The Initial Environmental Study and Negative Declaration were publicly noticed and made available for public review and written comments between July 18, 2011 and August 18, 2011, and was also submitted to the California State Clearinghouse for distribution to State agencies and one written comment letter was submitted from the California regional Water Quality Control Board that agreed with the conclusion that the project, as mitigated, would not have a significant adverse impact on the environment; and 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 potential property acquisition/sale component of the project 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 potential property acquisition/sale component of the project 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 potential property acquisition/sale component of the project will not result in impacts that are individually limited, but cumulatively considerable; 4. Based upon the analysis, findings and conclusions contained in the Initial Environmental Study, the potential property acquisition/sale component of the project 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 and it has been determined that the proposed soil contamination component of the project would potentially have significant impacts on the environment in regard to air quality, cultural resources, biological resources, hazards/hazardous substances, and traffic. Air Quality: The soil remediation project, which would involve soil excavation and transport, as well as the importation of new clean fill material, would produce short- term dust (PM -10). While the project would only involve the disturbance of approximately 'h acre of area, and therefore would not typically require a permit from the Mendocino County Air Quality Management District, measures to mitigate the generation of PM -10 are required. These measures include the requirement for a dust control plan with such measures as routine watering of the site, slow speeds for all vehicles, covering of soil piles, etc. Cultural Resources: It is unlikely that the soil remediation component of the project would impact pre -historic, historic or cultural resources because the site has been substantially disturbed in the past by railroad and other industrial land uses and no evidence of historic or cultural resources have been discovered. Moreover, the site is not identified on the Ukiah General Plan as an area of high sensitivity for historic or cultural resources. However, a standard mitigation measure is recommended to address potential impacts in the event of a discovery. Biological Resources: The proposed remediation of the site would involve the excavation and removal of contaminated soil, and the importation of clean replacement soil. The soil would be removed from ten areas on the site constituting less than '/ acre of total area excavation. Area excavation 1 is located approximately 50-75 feet from Gibson Creek, and would involve removing approximately 97 cubic yards of soil from a depth of 1.5 feet. Gibson Creek would be fully protected from the excavation and remediation activities. A Stormwater Pollution Prevention Plan and an Erosion Control would be required and all activities would be monitored for compliance with creek protection measures. 2 Hazards/Hazardous Substances: The subject property has known contamination from historic railroad and industrial activities. Site investigation performed by potential buyers Weston Solutions, Inc., a company specializing in brownfield clean-up and redevelopment, indicated that results of soil sampling, groundwater sampling and soil -vapor sampling indicate the primary impacts at the site above potential levels of concern are limited to petroleum hydrocarbons (diesel and motor oil) and/or PAHs (primarily benzopyrene) in shallow soil (Remedial Action Plan, Weston Solutions, Inc. May, 2011). The Remedial Action Plan for the site indicated that since the impact from these compounds is limited to a fairly small volume in shallow soil, excavation and disposal of soil at an appropriate off-site facility is the most effective means of remediation. The Plan identified 10 small separate areas for soil removal, and that an approximate 650 to 1,150 cubic yards of soil would be removed from a total area of less than % acre. The Remedial Action Plan includes an Implementation Work Plan for soil management, traffic control, waste management and decontamination. The Remedial Action Plan has been approved by the North Coast Regional Water Quality Control Board. Mitigation measures require Grading Plan and Traffic Control Plan approvals by the City. Conclusion: The City Council is able to conclude that the proposed project, as mitigated, would not have significant adverse impacts on the environment because reasonable and feasible mitigation measures have been imposed that would eliminate or reduce potential impacts to levels of insignificance. The Council is also able to conclude further that future development projects on the subject property would be subject to CEQA evaluation, and determinations made, based on the size, type, scope and intensity of development, whether or not significant adverse impacts would result from any future development project. PASSED AND ADOPTED this 21st day of September, 2011 by the following roll call vote: AYES: Councilmembers Thomas, Baldwin, and Mayor Rodin NOES: None ABSENT: Councilmembers Landis and Crane ABSTAIN: Non Mari Rodin, Mayor ATTEST: 10. - --mo L.A Anne Currie, City Clerk 3