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Home My WebLink About2012-01-18 - FEIR council appealUkiah Walmart Expansion Environmental Impact Report Certification Appeal City of Ukiah City Council January 18, 2012 Approvals Required for Expansion to Occur 1.Certification of EIR (subject of tonight’s public hearing -limited to reasons for the appeal) Occurs only after EIR Certification (future public hearing) 2. Adoption of Statement of Overriding Considerations – based on the benefits of the project 3. Approval of Two modifications to the Airport Industrial Park Planned Development (AIP PD) Ordinance 1098 landscaping standards 4. Approval of Site Development Permit Step 1: Environmental Impact Report EIR (Tonight’s Meeting – Limited to Reasons for Appeal) An EIR is an informational document. The City must determine if it provides the information needed to fully understand the environmental consequences resulting from the project. The EIR is an objective analysis of potential environmental impacts and its authors do not support or oppose the project. If the City concludes that the EIR accomplishes this, then it can “certify” the document as meeting all legal requirements. If the City concludes that the EIR does not provide all the information it needs to fully understand the environmental consequences resulting from the project, it must clearly articulate what information is needed for the document to meet legal requirements. Certifying the EIR does not mean that the City must approve the project. Step 2: Statement/Findings of Overriding Consideration (Future Public Hearing(s)) The EIR indicates that the Wal-Mart expansion project, when combined with other future development in the Airport Business Park, will cause significant traffic impacts. The EIR also indicates that there are street improvements that can be made to significantly lessen those impacts, but because at this time the funding source for those improvements is uncertain, the construction of the improvements is also uncertain. In this circumstance, if the City decides that it wants to approve the Wal- Mart expansion project, it must weigh whatever benefits the project provides to the City against the traffic impacts that would be created, and decide if approval of the project is appropriate. If the City decides that the benefits outweigh the traffic impacts, it must make specific findings supporting its conclusion before it can actually approve the project. If it cannot make the findings, then the City cannot approve the project and cannot proceed to Step 3. Step 3: Site Development Permit (Future Public Hearing(s)) A site development permit is the permit Wal-Mart must secure to move forward with its expansion project. If the City makes specific findings supporting a conclusion that the benefits of the project outweigh the traffic impacts, then it can proceed to Step 3, and consider granting the site development permit. Landscaping modification requests (shade coverage and landscape coverage) Site Development Permit findings (general plan, airport compatibility criteria, zoning, site and architectural design) Tonight’s meeting Conduct a public hearing (limited to reasons for appeal) Presentation from staff and ESA, EIR Consultant Presentation from Appellant Questions from City Council Open public hearing for Public Comment City Council discussion and deliberation Outcomes Uphold the appeal and overturn the certification of the EIR Deny the appeal and uphold certification of the EIR Request additional information be provided Continue the item as requested by the appellant Project Location 1155 Airport Park Blvd The Proposed Project •Expansion and alteration of the existing Walmart store from 109,030 square feet (SF) to 156,651 SF (the EIR analyzes a maximum project size of 151,350 SF). •13.44 acre site •Key project components include: –24 hour operations (from current 7 am to 11 pm) –Expansion of grocery and general merchandise sales areas –Addition of an indoor garden center –Landscaping modifications, including replacement of olive trees, additional shade trees (and parking lot tree planters), new shrubs and ground cover, less turf –Additional energy-savings features –Update of building exterior and signage –Elimination of Tire Lube Express California Environmental Quality Act (CEQA) Compliance Environmental Impact Report Process Scoping Draft EIR Final EIR Key Dates – EIR Process •Notice of Preparation issued March 11, 2010 •Scoping Meeting held March 18, 2010 •Scoping Report presented to Planning Commission June 9, 2010 •Draft EIR published July 5, 2011 •Hearing Held August 10, 2011 •Review Period ended August 18, 2011 •Final EIR issued October 28, 2011 •First Final EIR Certification Hearing November 9, 2011 (continued) •Second Final EIR Certification Hearing December 14, 2011. FEIR certified by Planning Commission Draft EIR •An environmental impact report (EIR) is a detailed informational document that analyzes a project’s potential significant effects on the environment and identifies mitigation measures and reasonable alternatives to avoid significant effects. •57 impact statements –16 potentially significant –3 significant and unavoidable (all traffic-related) •Three Project Alternatives Analyzed –Two additional alternatives assessed and “screened out” form further analysis Final EIR •Responses to Comments on the Draft EIR –24 written comment letters received –489 individual comments (including hearing) –Master Responses •The Existing Walmart Store (Baseline) •Scope of Urban Decay and Jobs Impacts •General Plan Consistency •Market Area •Existing and Future Shade –Responses to each comment Certification •Certification Hearing continued after receipt of written comments on November 9, 2011 –Although not required, a written response was prepared for the Planning Commission •Final EIR certified December 14, 2011 •Certification of the EIR must occur prior to approval of the project to comply with CEQA, but does not represent “approval” of the project –The Planning Commission will separately consider approval or denial of the project—the EIR neither supports nor opposes the project Standard of Adequacy of an EIR •An EIR should be prepared with a sufficient degree of analysis to provide decision makers with information which enables them to make a decision which intelligently takes account of environmental consequences. An evaluation of the environmental effects of a proposed project need not be exhaustive, but the sufficiency of an EIR is to be reviewed in the light of what is reasonably feasible. Disagreement among experts does not make an EIR inadequate, but the EIR should summarize the main points of disagreement among the experts. The courts have looked not for perfection but for adequacy, completeness, and a good faith effort at full disclosure. – CEQA Guidelines Sec. 15151 •CEQA does not require a lead agency to conduct every recommended test and perform all recommended research to evaluate the impacts of a proposed project - Association of Irritated Residents v. County of Madera (2003) 107 Cal.App.4th 1383 Appeal of Certification •Appeal letter identifies eight reasons 1.The FEIR fails to respond to comments as specified in letter of November 9, 2011. 2.The EIR failed to identify feasible mitigation measures for impacts to the Southbound ramp at US 101 and Talmage Road. 3.The EIR failed to identify inconsistencies with the City’s general plan. 4.The EIR failed to adequately analyze transportation energy consumption. 5.The EIR failed to include an adequate analysis of the Project’s impact on urban decay. 6.The EIR failed to include an adequate analysis of the Project’s traffic impacts. 7.The project’s hydrological impacts were not properly addressed in the EIR. 8.The attached letter of November 9, 2011 sets out the reasons for the appeal. •See staff report for discussion of these items