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HomeMy WebLinkAbout2012-37 Mit Neg Dec Dtwn Zoning Code RESOLUTION NO. 2012-3 7 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 DOWNTOWN ZONING CODE WHEREAS: 1. The City of Ukiah as lead agency has prepared an Initial Environmental Study and a Mitigated Negative Declaration dated June 4, 2012 to amend Ukiah City Code Division 9 (Planning and Development), Chapter 2 (Zoning) to add Article 18 entitled Article 18 Downtown Zoning Code ("Project"); and 2. The Project will change the zoning designation of the properties located within the boundaries of the Project from Community Commercial (C1), Neighborhood Commercial (CN), or Heavy Commercial (C2) to Urban General (UG), Urban Center (UC), or Downtown Core (DC) and includes requirements for building and site uses, specific land uses, site planning and development, architecture, historic buildings, parking, tree preservation and planting, and circulation; and 3. On March 22, 2012, the Mendocino County Airport Land Use Commission (ALUC) reviewed the Project and found it consistent with the Mendocino County Comprehensive Land Use I Plan provided 1) a note was added to Table 4 indicating that lot sizes are subject to airport zone restrictions; and 2) a note was added to Table 6 indicating that any buildings in airport compatibility zone B2 proposed for more than two stories would be subject to review and approval by the Airport Land Use Commission. The Downtown Zoning Code have been revised to include these revisions; and 4. The Initial Environmental Study found that the Project has the potential to have a significant impact on air quality, biological resources, cultural resources, 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 5. The Initial Environmental Study was prepared and demonstrated that there is no substantial evidence that supports a fair argument that the Project, as mitigated, would have a significant effect on the environment; and 6. The Initial Environmental Study and Mitigated Negative Declaration were sent to the State Clearinghouse for State Agency review and comment and publicly noticed and made available for public review and written comment from June 11 through July 11, 2012 and from July 15, through August 6, 2012. Two comments were received prior to the end of the State Agency review and comment period: 1) State Public Utilities Commission who did not question the appropriateness of the Mitigated Negative Declaration or suggest language modifications or additional environmental review; and 2) State department of Transportation (Caltrans) who also did not question the appropriateness of the Mitigated Negative Declaration or suggest language modifications or additional environmental review. Responses to the comments received were provided to both State Agencies. No other comments were received during the review and comment period for the Mitigated Negative Declaration; and 1 7. A Mitigation Monitoring Program has been prepared to ensure compliance with the adopted mitigation measures; and 8. On August 8, 2012, the Planning Commission voted 2-1 to recommend that City Council adopt the Mitigated Negative Declaration. 9. The Initial Environmental Study and Mitigated Negative Declaration and record of proceedings of the decision on the Downtown Zoning Code are available for public review at the City of Ukiah Planning Department, Ukiah Civic Center, 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 Downtown Zoning Code, 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 Downtown Zoning Code, 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 Downtown Zoning Code, as mitigated, will not result in impacts that are individually limited, but cumulative considerable; and 4. Based upon the analysis, findings, and conclusions contained in the Initial Environmental Study, the Downtown Zoning Code, as mitigated, will not result in 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 Downtown Zoning Code. Based on the conclusions reached in the Initial Environmental Study, it has been determined that the proposed Downtown Zoning Code has the potential to have significant environmental impacts on air quality, biological resources, cultural resources, and traffic without the implementation of mitigation measures. The analysis and conclusion reached in the Initial Environmental Study identified mitigation measures that would reduce the potential impacts on air quality, biological resources, cultural resources, and traffic to less than significant levels based on the following: Air Quality Potential Impact: Future construction activities could result in short-term production of particulate matter(PM-10) The Project will not substantially degrade air quality with the inclusion of the mitigation measures that require: 1) project proponents to submit an application to the Mendocino County Air Quality Management District to determine is a permit is required prior to any future site disturbance, grading, or soil excavation; 2) contractors/applicants for future projects involving grading and soil disturbance to prepare dust control plans; 3) contractors/applicants for future projects to be responsible for implementing all dust control measures in a timely manner; and 4) dust control plans to, at a minimum, include watering prior land clearing or earth movement activities, watering of and watering schedule for excavated materials, stockpiles, and graded areas, limit speeds to 15 mph on unpaved 2 roads, suspension of land clearing, grading, earth moving activities when winds are expected to exceed 20 mph, covering of inactive disturbed portion of the site and stockpiles to be covered or watered, and paved areas adjacent to the site to be routinely swept or washed. The inclusion of these mitigation measures will reduce any potential impacts to air quality to less than significant levels. 9 Biological Resources Potential Impact: Future construction activities could result in potential impacts to the Gibson Creek riparian corridor. The Project will not substantially degrade biological resources with the inclusion of the mitigation measures that: 1) require future development projects to maintain a 50-foot setback from the edge of the Gibson Creek riparian-corridor, unless-a shorter-distance is supported by the State Department of Fish and Game; and 2) prohibit future construction activities from cutting, disturbing, or removing native riparian plants or trees along the Gibson Creek riparian corridor unless supported by the State Department Fish and Game. The inclusion of these mitigation measures will reduce any potential impacts to biological resource to less than significant levels. Cultural Resources Potential Impact: Future construction activities could disturb prehistoric or historic resources. The Project will not substantially degrade cultural resources with the inclusion of the mitigation measures that require: 1) all work to be halted and the contractor/project r._ proponent to contact the City of Ukiah Director of Planning and Community Development if during site grubbing, grading, soil excavation or any aspect of future project development J historic or significant cultural resources are discovered, and for the City to engage the services of a qualified professional archeologist at the expense of the project proponent to perform a site reconnaissance and to develop a precise mitigation program, if necessary. The inclusion of these mitigation measures will reduce any potential impacts to cultural resource to less than significant levels. Traffic Potential Impact: The US 101/East Perkins Street interchange is currently operating at an unacceptable level of service. The Project will not substantially degrade traffic with the inclusion of the mitigation measure that requires: 1) future development projects to contribute their fair share payments towards signalization and roadway improvements once a funding mechanism has been identified and implemented for the improvements to the US 101/East Perkins Street interchange. The inclusion of this mitigation measure will reduce any potential impacts to traffic to less than significant levels. 6. The revisions made to the Downtown Zoning Code before the adoption of the mitigated negative declaration and initial environmental 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 Downtown Zoning Code, as mitigated, would have a significant effect on the environment. 3 Passed and adopted this 5th day of September, 2012 by the following roll call vote: AYES: Councilmember Thomas, Rodin, and Mayor Landis NOES: None ABSENT: Councilmember Baldwin, and Crane ABSTAIN: None Mary Anne Landis,-Mayor — - - ATTEST: Lines owns erk 1 J } 4