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HomeMy WebLinkAbout93-20 1 5 6 ? 9 10 11 12 13 14 15 16 17 19 21 0.2 23 2i 25 26 27 21 RESOLUTION NO. 93-20 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ESTABLISHING MITIGATION MONITORING PROGRAM FOR. AIRPORT INDUSTRIAL PARK PLANNED DEVELOPMENT AMENDMENT AND WAL-MART STORE SITE DEVELOPMENT PERMIT WHEREAS, the City Council of the City of Ukiah conducted a public hearing regarding the Airport Industrial Park Planned Development Amendment (Application No. 90-77) and Wal-Mart Stores Site Development Permit (Application No. 90-87), and on August 14, 1992, adopted an ordinance and resolution approving both projects; and WHEREAS, the City Council certified the EIR prepared for these projects and adopted, pursuant to the California Environmental Quality Act, a resolution making the required findings; and WHEREAS, CEQA requires a mitigation monitoring program be adopted for each project which includes mitigation measures in its approval. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Ukiah hereby establishes the mitigation monitoring program for the Airport Industrial Park Planned Development Amendment (Application No. 90-77) and Wal-Mart Stores Site Development Permit (Application No. 90-87) as set forth in Exhibit A, attached hereto and incorporated herein by reference. PASSED AND ADOPTED this 14th day of August , 1992, by the following roll call vote: AYES: Councilmembers Malone, McMichael, Wattenburger, Shoemaker, and Mayor Schneiter NOES: None ABSENT: None. ATTES~ii ~ -CYT'/ CLERK R :MH/Res~itMon MITIGATION MONITORING PROGRAM AIRPORT INDUSTRIAL PARK PLANNED DEVELOPMENT AMENDMENT AND WAL-MART STORE SITE DEVELOPMENT PERMIT To facilitate and enforce the conditions of approval constituting mitigations of these projects to eliminate or reduce environmental impacts to an insignificant level, the following constitutes this mitigation reporting and monitoring program: 1. Signalization. The City Engineer shall review and approve all engineering drawings for the signalization at Talmage Road and Airport Park Boulevard, and inspect all field work required for installation; final inspection and approval by the city Engineer of the installation and operation of the signals shall be accomplished prior to occupancy of the Wal-Mart store by employees or patrons; following installation, the signals shall be maintained by the City of Ukiah. 2a. Widening of Talmage Road. The City Engineer shall review and approve all engineering drawings required for this improvement and inspect all subsequent work performed; final inspection, approval and completion for public use shall be accomplished prior to occupancy of the Wal-Mart store. 2b. Talmage Road Exit Ramp Realignment. The City Engineer shall ascertain that all necessary applications and plans have been submitted to CalTrans within three months of the effective date of the Site Development Permit. Thereafter, the City Engineer shall monitor the CalTrans permit approval process, and shall assure that the realignment project is completed within six (6) months of the appropriate CalTrans approvals. Failure to comply with the prescribed application procedures shall result in the Building Official withholding issuance of the Final Building Permit until such time as the applications and plans are submitted to CalTrans. Further, the City Engineer shall monitor the newly created access ramp to the Talmage Road "T" intersection, and shall require the installation of a traffic signal as soon as signal warrant criteria are exceeded. 3. Hastings Road - Airport Road Construction. The City Engineer shall review and approve all engineering and plans required for this improvement and inspect all subsequent field work required for completion. Final inspection, approval, and completion for public use shall be accomplished prior to occupancy of the Wal-Mart store. 4. Railroad Crossing Gates. The City Engineer shall ascertain that all necessary applications have been submitted to CalTrans and the Public Utilities Commission prior to occupancy of the Wal-Mart store. Thereafter the City Engineer shall monitor the application and approval and shall assure that the process is completed within one year following issuance of the building permit for the Wal-Mart store, and shall further assure that the crossing gates are installed no later than eighteen (18) months following occupancy of the Wal-Mart building, or at such time as all required permits and approvals are issued, whichever occurs last. To assure compliance with this condition, building square footage in the Airport Industrial Park shall not exceed 250,000 square feet of commercial office space or 500,000 square feet of industrial space, or a combined total of 325,000 square feeT of buildings before installation of the crossing gates; permits which exceed the aforementioned totals shall not be issued until such time as the crossing gates are installed. 5. Specified Improvements. The specified improvements in Paragraphs 1-4 shall be designed and constructed in accordance with City standards and the requirements of the City Engineer, which may include but shall not be limited to sufficient bonds and insurance to protect the City's interests, procurement of all required permits, including encroachment permits for work within the public right of way, and compliance with all applicable laws. Allocations may be made as between the specified improvements by the City Engineer so as to provide the same total cost contribution by the City and the applicants if such allocations are considered appropriate by the City Engineer. 6. Revised Site Plan. The revised site plan submitted by Wal- Mart to the City of Ukiah on February 19, 1992, which mitigates internal traffic circulation impacts, shall constitute the official plan to be implemented. The Director of Community Development shall review all building and site plans as part of the building permit process to ascertain that plans submitted are pursuant to and in conformance with said site plan. Thereafter the City building Division shall assure that actual site development and construction are consistent with approved plans. Final sign-off on the building permit shall be done only after it has been determined by the City Building Division and the City Engineer that all aspects of the approved plans, internal circulation mitigation requirements, and off-site improvement requirements have been completed as specified in the project approval. 7. Revised Building Exterior. The Director of Community Development shall ensure that the Redevelopment Agency Architect reviews and approves revisions to the Wal-Mart building design such that the structure provides a more aesthetic appearance and does not appear box-like. Further, the Community Development Director, in concert with the Building Official, shall not issue a Building Permit until the revised building design has been formally approved by the Redevelopment Agency Architect. Sa. Revised Landscape Plan And Native Species. The Director of Community Development shall review and issue the final landscaping plan which shall reflect the revised Landscape Plan submitted to the City of Ukiah on 2/19/92 including fast growing native plant species like valley oak, black oak, madrone, California bay, toyon, redbud, manzanita, big leaf maple, and coffeeberry (Condition # 23). The plan shall place landscape berms along the street frontage of Airport Park Blvd., place trees, shrubs, and groundcover around the entire site perimeter, place landscaping along and adjacent to the structure's north- and west facing walls, and place numerous large evergreen trees along the east facing boundary adjacent to Highway 101, among other landscape refinements. Bb. Revised Landscape Plan and Parking Lot Shade Trees. The Director of Community Development shall review and approve the revised Landscape Plan which shall provide a ratio of one (1) shade tree per four (4) parking spaces, using fifteen (15) gallon trees as the minimum size. Further, the revised Landscape Plan shall include planter islands which are designed to protect the trees from being damaged by vehicles using the parking lot. A Building Permit shall not be issued until the revised Landscape Plan reflects these minimum standards. Once the Plan is approved by the Community Development Director, the Building Official shall inspect the parking lot during construction and shall ensure that the above cited shade tree and planter island criteria are met. The Building Official shall not sign the Final Building Permit until such time as compliance is achieved. 9. Signage. The Director of Community Development shall ensure that the plans approved for the structure's building permit do not include signs which advertise the store, other than the name "Wal- Mart" at the west facing entryway and "Auto Center" (e.g., "Satisfaction Guaranteed", and "We Sell for Less"). The Building Official shall not issue the building permit until the Director of Community Development has approved the placement of signs on the plans. The Building Official shall ensure that the building conforms to the sign requirements on the plans. The Director of Community Development shall ensure that no signs are added that conflict with Condition 9. 10. Lighting Plan. The Director of Community Development and City Manager shall approve prior to building permit issuance a lighting plan which includes shielded, non-glare types of lights and minimal sign lighting in order not to affect night views and airport operations. The plan shall also take landscaping into consideration such that the lights do not diminish the aesthetic quality of the landscaping element. The building permit shall not be issued unless such a plan is approved. 11. Building Height. The Director of Community Development shall verify the building height will not exceed either the FAA's 7:1 plane guidelines or the AIR PD's limit of 50 feet, whichever is less, with review of the building permit and the permit shall not be issued unless it meets this standard. 12. Grading. The Building Official shall ensure all grading is performed in accordance with the Uniform Building Code Chapter 70, and inspect the work for compliance. 13. Erosion Control Plan. The Director of Community Development and the City Engineer shall review and approve the on-site erosion control program for activities during the construction phase, to ensure that staked straw bales are placed at inlet locations such that sedimentation is contained on-site. The program shall be approved prior to issuance of building permit, and the City Engineer shall conduct inspections to ensure compliance. 14. Dissipation Structures. The City Engineer shall review and approve plans, conduct on-site inspection, and complete final acceptance of applicant's installation of dissipation structures at adjacent freeway ditch storm drain and conduit outlets (e.g., concrete outfall aprons, or riprap revetments) to prevent channel bank and bed scour. Construction to be complete prior to occupancy of Wal-Mart store. 15. Sprinkled Construction Site. The Building Official shall ensure the site is sprinkled with water twice a day during grading and construction, or as wind conditions warrant, to avoid dust impacts to passersby and nearby residents. 15. Soil Covered. The Building Official shall ensure the applicant has all stockpiles of wind blown material (sand, topsoil, etc.) covered when not being used. Daily inspections shall be made. ~7. Covered Trucks. The City Engineer shall ensure trucks hauling debris, soil, sand, or other wind blown materials are covered. Daily inspections shall be made. ~8. Replantings. The Director of Community Development and the City Engineer shall inspect and approve replantings and repaving of site surfaces as soon as possible. All such surfaces shall be completed prior to occupancy of the Wal-Mart store. Lg. Public Transit. The Director of Community Development shall ensure that the applicant and the City submit a formal request to the Mendocino Transit Authority (MTA), no later than 30 days after City Council approval of the Site Development Permit, which recommends that MTA extend public transit to the site. Further, within 90 days of the cited approval, the Director of Community Development shall ensure that the City Council is apprised of MTA's official response to the transit extension request. Z0. Bike Lanes. The City Engineer shall approve plans prepared by the applicant to extend a bike lane to the site from the Hastings Road/State Street intersection. Following completion of widening and improvement of Talmage Road westerly from the site to State Street, bike lanes shall be provided along Talmage Road. Sidewalks shall be put in place along the northerly side of Hastings Road- Airport Road access to Commerce boulevard to provide pedestrian access in conjunction with roadway improvements. Where possible, and roadway and rights of way allow, trees should be planted along sidewalks to provide a shaded walkway. Said improvements shall be completed by the time of occupancy of the Wal-Mart store. The City Engineer shall inspect these improvements and notify the Building Official when they are satisfactorily completed. The Building Official shall not approve the building for occupancy until so notified. 21. Carpooling. The Director of Community Development shall ascertain that Wal-Mart develops a carpooling program within a reasonable period of time after the store becomes operational. 2Z. Street Restriping. The City Engineer shall include in the budget for 1993-94 a capital improvement project to redstripe relevant portions of South State Street, just north and south of Talmage Road, and providing a left turn pocket on southbound South State Street at Talmage Road. Restriping shall occur by December 1993. 23. Native Plants. See Paragraph No. 8. 24. Hours of Construction. The Director of Community Development and Police Department shall ensure construction is limited to the hours of 7:00 a.m. to 5:00 p.m. The Director of Community Development may initiate revocation proceedings on the Site Development Permit for persistent violations. 25.-26. Noise. The Police Department shall ensure construction equipment shall be properly muffled and maintained, and stationary equipment like generators, compressors, and concrete pumpers are placed or shielded so as to avoid excessive noise to nearby residents. Periodic inspection shall be made. ZT. Rec¥clinq. The Director of Public Works shall approve the Wal-Mart plan to institute a recycling program and monitor the program to ensure it complies with Condition No. 27. All packing materials shall be recycled, and containers shall be placed on-site for the collection of glass, aluminum, newspaper, clean waste paper, and tin produced on-site. The program shall be instituted with the occupancy of the Wal-Mart store. Further, Wal-Mart shall keep the Director of Community Development informed of the development of the "Green Store" program and shall consider Ukiah as a possible pilot store for the program if it is adopted. 28. Archaeological Resources. If archaeological or historic resources are uncovered during site grading and preparation, work will be halted in the area of the find until the remains can be assessed by a professional archaeologist. Director of Community Development shall ensure that an adequate plan is developed to protect or preserve said resources based on the recommendations of the professional archaeologist. 29. Traffic Diversions. The City Engineer shall monitor and periodically quantify new traffic traveling through the neighborhood north of the Wal-Mart site by immediately installing and periodically evaluating traffic counters at entrance points to this neighborhood. Thereafter, if the City Engineer determines that traffic passing through the neighborhood has crated significant safety issues or substantially altered its quiet character, the City Engineer shall cause traffic diversion measures to be installed by the City in an efficient, expedient, and aesthetic manner on Lorraine, Marlene, and Betty Streets. The City Engineer shall also be responsible for ensuring that all necessary roadway improvements to Betty Street at Talmage Road, and to Talmage Frontage Road at Betty Street are implemented during the widening of Talmage Road. After a period of twelve (12) months following the installation of the traffic diversion measures, the City Engineer shall review the traffic loads on the residential neighborhood north of Wal-Mart to determine whether these measures have effectively preserved the quiet residential character of the neighborhood without imposing an undue burden on its residents. If the city Engineer determines that these measures are not a practical solution to the traffic impacts on the neighborhood, the City Engineer shall, pursuant to Ukiah City Code Section 9543, prepare for City Council consideration a resolution establishing an off-site capital improvement fee for the Airport Industrial Park to: fund the costs of improving Waugh Lane to act as a collector street; and/or fund the costs of providing curbs, gutters, and sidewalks on Betty and Lorraine Street. The Wal-Mart site shall be included within the area subject to the fee, and the Community Development Director shall ensure that an agreement is signed by Wal-Mart, as a condition of the Site Development Permit approval, which guarantees their eventual and proportional participation. The Building Official shall not issue a Building Permit until such an agreement is signed by Wal-Mart and recorded by the City. 30. Fire Sprinklers. The Fire Marshal shall review and approve plans for a sprinkler system; hydrant construct, building access, and building construction. All plans shall be approved prior to issuance of the building permit and installation shall occur prior to occupancy of the Wal-Mart store. 3~.-3Z. Water Saving. The Director of Public Works shall ensure all development includes water conservation fixtures, such as low- flush toilets, low-flow urinals, and flow restricters on all faucets. Sewage collectors for the Wal-Mart store shall be sized and constructed per Ukiah Valley Sanitation District requirements. Plans shall be approved prior to issuance of the building permit and inspection made by the Ukiah Department of Public Works. 33. Energ~ Efficiency. The Building Official shall ensure the energy efficiency standards contained in the California State Building Code, Title 24 of the Code of Regulations, are enforced. The building permit shall comply with these regulations. 34. Cumulative Air Quality Assessment. The City shall notify the consultant for the growth management/general plan as soon as possible to provide an estimate of the costs necessary to conduct the necessary air quality studies to assess the air quality impacts on existing conditions in the Ukiah Valley of the future growth contemplated by the plan. The City and consultant shall refine the scope of the study based on the funds available and the data reasonably available from the MCAPCD and other sources. If necessary to fund the study, the City Council shall seek grants or contributions from appropriate sources and/or adopt development fees. The consultant shall retain the necessary experts and present the report in sufficient time to cause no delay to the current schedule for adopting the growth management/general plan revisions. 35. Business Seminars. The Community Development Director shall ensure that Wal-Mart conduct at least two (2) seminars for local businesses describing its business practices, marketing techniques, and other matters of interest. Further, the Community Development Director shall ensure that these seminars are sufficiently noticed within the Ukiah business community, and that they are conducted prior to issuance of Wal-Mart's Final Building Permit. 36. Shuttle Service. The Community Development Director shall organize and conduct all necessary meetings between Wal-Mart, Mendocino Transit Authority, the city, and other merchants to explore the feasibility of operating a jitney or shuttle service from established retail shopping areas to Wal-Mart. The dialogue on this subject between the cited parties shall commence as soon as 10 practicable, but no later than issuance of a Final Building Permit. 37. The attached checklist shall be completed by the City Engineer to identify required on-site and off-site mitigation measures, monitoring responsibility regarding these matters, monitoring schedules, plan check requirements, and implementation verification, and shall become a permanent part of the file concerning the project, available for public review and inspection. 2: PLAN\MITIG REV8/27/92 MU 11 z ~ <<_ © .~ ~ ~ . ~= , , , ~'~m 0TM --'~ Z~ = ~ ~ < -~ ~ ~ '~ ~ .~ ~ ~ ~ >