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HomeMy WebLinkAbout2014-03-19 PacketPage 1 of 3 CITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 March 19, 2014 6:00 p.m. 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS 4. PETITIONS AND COMMUNICATIONS 5. APPROVAL OF MINUTES a. Minutes of March 5, 2014, Regular Meeting. 6. RIGHT TO APPEAL DECISION Persons who are dissatisfied with a decision of the City Council may have the right to a review of that decision by a court. The City has adopted Section 1094.6 of the California Code of Civil Procedure, which generally limits to ninety days (90) the time within which the decision of the City Boards and Agencies may be judicially challenged. 7. CONSENT CALENDAR The following items listed are considered routine and will be enacted by a single motion and roll call vote by the City Council. Items may be removed from the Consent Calendar upon request of a Councilmember or a citizen in which event the item will be considered at the completion of all other items on the agenda. The motion by the City Council on the Consent Calendar will approve and make findings in accordance with Administrative Staff and/or Planning Commission recommendations. a. Report of Disbursements for the Month of February, 2014. b. Report of Acquisition of Professional Services from Alpha Analytical Laboratories, Inc. for Quarterly Water Sampling and Completion of Chemical Examination Reports for the Ukiah Landfill. c. Report of Acquisition of Professional Consulting Services From Rau and Associates, Inc. for Preparation of Landfill Financial Assurance Documents. d. Award Professional Services Agreement to Green Valley Consulting Engineers for the Design of Approximately 1250 Feet of Sewer Main on North State Street in the Amount of $21,305. e. Approval of Amendment to Contract with GHD for Professional Services to Amend the Report of Waste Discharge for the Master Reclamation Permit at the Waste Water Treatment Plant in the Amount of $46,710. Page 2 of 3 f. Authorize the Director of Public Works / City Engineer to Execute a Change Order in the Amount not to Exceed $28,600.50 for Oak Manor Trail, Specification No. 14-02 g. Notification of Purchase of Services for the Repair of a 16” Fairbanks-Morse Pump for the Influent Pump Station at the Waste Water Treatment Plant. h. Notification of Purchase of Services in the Amount of $10,430 and Approval of Amendment to Contract #1314132 in the Amount of $26,194.93 for the Repair of Fairbanks-Morse 10- Inch Vtsh Pump at the Wastewater Treatment Plant. i. Consideration and Approval of Amendment to Water Supply Agreement j. Consideration and Approval of Retainer Agreement with Remy Moose Manley, LLP to Represent the City in Law Suit Challenging Costco EIR. 8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS The City Council welcomes input from the audience. If there is a matter of business on the agenda that you are interested in, you may address the Council when this matter is considered. If you wish to speak on a matter that is not on this agenda, you may do so at this time. In order for everyone to be heard, please limit your comments to three (3) minutes per person and not more than ten (10) minutes per subject. The Brown Act regulations do not allow action to be taken on audience comments in which the subject is not listed on the agenda. 9. COUNCIL REPORTS 10. CITY MANAGER/CITY CLERK REPORTS 11. PUBLIC HEARINGS (6:15 PM) a. Receive Report from the City Council Palace Hotel Ad-Hoc Committee, Hear from the Public, and Consider Adopting the Resolution Ordering the Repair or Removal of the Dilapidated Palace Hotel Structure Located at 272 North State Street. b. Approval of Application to Demolish a Structure Over 50 Years Old Located at 108 Echo Way (Formally 400 Park Blvd.) 12. UNFINISHED BUSINESS a. Discussion and Consideration of Three Redwood Trees on City Property (South School Street). b. Introduction of Ordinance Amending Chapter 9, Division 5 of the Ukiah City Code to Include Restaurants in the Ban on Carry-Out Plastic Bags. c. Award Professional Services Agreement to Ann Baker Landscape Architecture for Development of Plans and Specifications for Grace Hudson Museum Nature Education Project, Funded by Prop 84 Grant. 13. NEW BUSINESS a. Authorize a New Memorandum of Understanding Between the City of Ukiah Police Department and the Ukiah Unified School for Reimbursement of School Resource Officer (SRO) Activities. b. Discussion and Possible Action Regarding Council Board, Committee, and Commission Appointments; and the Consolidating and Sunsetting of Various Committees/Ad Hocs. Page 3 of 3 c. Discussion and Possible Adoption of Resolution Making Appointments of Planning Commission Members. d. Report of Permanent Vacancy of the Council Appointed Member on the Civil Service Board and Possible Adoption of Resolution to Fill the Vacancy with Recommended Appointment. e. Adopt Resolution Authorizing City Manager to Execute Long-Term Layoff Agreement to Lay Off the City’s Participation Percentage of the California-Oregon Transmission Project (COPT) Effective July 1, 2014, for a Term of 25 Years, with an Optional 5 Year Extension. (EUD) f. Fiscal Year 2013-2014 General Fund Mid-Year Report. 14. CLOSED SESSION – Closed Session may be held at any time during the meeting a. Conference with Labor Negotiator (§ 54957.6) Agency Representative: Jane Chambers, City Manager Employee Organizations: Electric Unit b. Conference With Legal Counsel – Anticipated Litigation Significant exposure to litigation pursuant to Gov’t Code 54956.9(b) (1 case) c. Conference with Real Property Negotiators (§54956.8) Property: APN Nos. 002-121-20-00, 002-121-21-00, 002-121-22-00 and 002-121-23-00 Negotiator: Jane Chambers, City Manager Negotiating Parties: Robert Gitlin Under Negotiation: Price & Terms d. Conference with Real Property Negotiators (§54956.8) Property: APN Nos. 002-101-19, 20 & 21 Negotiator: Jane Chambers, City Manager Negotiating Parties: Rural Communities Housing Development Corporation (RCHDC) and City of Ukiah Under Negotiation: Price & Terms 15. ADJOURNMENT Please be advised that the City needs to be notified 72 hours in advance of a meeting if any specific accommodations or interpreter services are needed in order for you to attend. The City complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet are available for public inspection at the front counter at the Ukiah Civic Center, 300 Seminary Avenue, Ukiah, CA 95482, during normal business hours, Monday through Friday, 8:00 am to 5:00 pm. I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the bulletin board at the main entrance of the City of Ukiah City Hall, located at 300 Seminary Avenue, Ukiah, California, not less than 72 hours prior to the meeting set forth on this agenda. Dated this 14th day of March, 2014. Kristine Lawler, City Clerk Agenda Item 5b Page 1 of 6 CITY OF UKIAH CITY COUNCIL MINUTES Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 March 5, 2014 6:00 p.m. 1. ROLL CALL Ukiah City Council met at a Regular Meeting on March 5, 2014, having been legally noticed on February 28, 2014. Mayor Baldwin called the meeting to order at 6:00 p.m. Roll was taken with the following Councilmembers Present: Steve Scalmanini (arriving at 6:02 p.m.), Douglas F. Crane, Benj Thomas, Vice Mayor Mary Anne Landis, and Mayor Phil Baldwin. Staff Present: Jane Chambers, City Manager; David Rapport, City Attorney; and Kristine Lawler, City Clerk. 2. PLEDGE OF ALLEGIANCE 3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS 4. PETITIONS AND COMMUNICATIONS 5. APPROVAL OF MINUTES a. Minutes of February 19, 2014, Special Meeting. b. Minutes of February 19, 2014, Regular Meeting. c. Minutes of February 26, 2014, Special Meeting. Motion/Second: Crane/Thomas to approve the minutes of February 19, 2014, a Special Meeting; February 19, 2014, a Regular Meeting; and February 26, 2014, a Special Meeting, as submitted. Motion carried by the following roll call votes: AYES: Crane, Thomas, Landis, and Baldwin. NOES: None. ABSENT: Scalmanini. ABSTAIN: None. COUNCILMEMBER SCALMANINI ARRIVED AT 6:02 P.M. 6. RIGHT TO APPEAL DECISION 7. CONSENT CALENDAR a. Adoption of Resolution (2014-17) Approving Two Addenda Amending the Merit Pay Provision in the Management Unit Memorandum of Understanding – Human Resources. b. Award Professional Services Agreement (COU No. 1314-184) to C. Kell-Smith & Associates, Inc. for Labor Compliance Services for Grace Hudson Project, Funded By Prop 84 Grant – Community Services. Motion/Second: Crane/Thomas to approve Consent Calendar Items 7a-b, as submitted. Motion carried by the following roll call votes: AYES: Scalmanini, Crane, Thomas, Landis, and Baldwin. NOES: None. ABSENT: None. ABSTAIN: None. 8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS City Council Minutes for March 5, 2014, Continued: Page 2 of 6 9. COUNCIL REPORTS Presenters: Councilmembers Crane and Landis, and Mayor Baldwin. 10. CITY MANAGER/CITY CLERK REPORTS Presenters: Jane Chambers, City Manager and Tim Eriksen, Public Works Department. 11. PUBLIC HEARINGS (6:15 PM) a. A Public Hearing to Revise the Boundaries and Timeline of Underground District No. 2- Perkins Street from State Street to Pomeroy and Adopt Resolution Amending Resolution 90-1 – Electric Utilities Department. Presenter: Mel Grandi, Electric Utilities Director. PUBLIC HEARING WAS OPENED AT 6:27 P.M. Public Comment: Mike Peterson (a.k.a. Davie Crocket). PUBLIC HEARING WAS CLOSED AT 6:29 P.M. Motion/Second: Landis/Crane to approve of revised boundaries and timeline and adopt resolution (2014-18) amending resolution 90-1. Motion carried by the following roll call votes: AYES: Scalmanini, Crane, Thomas, Landis, and Baldwin. NOES: None. ABSENT: None. ABSTAIN: None. b. Appeal of the Planning Commission’s Approval of the Costco Warehouse and Fueling Station Site Development Permit (SDP) – Planning and Community Development Department. Presenters: Charley Stump, Planning and Community Development Director and Kim Jordan, Senior Planner. PUBLIC HEARING WAS OPENED AT 7:07 P.M. Appellant Presenters: Mar y Anne Miller, Pinky Kushner, and Dennis Slota. Applicant Presenters: Michael Okuma, Costco Real Estate - Development Director; David Babcock and Associates - Planner and Landscape Architect and Project Applicant; Mathew Cyr, Garghausen Engineering Gas – Engineer; Joseph Walsh, Mulvanny G2 Architects – Architect; Steve Calcagno, Kier & Wright - Civil Engineer. Public Comment: Mike Peterson (a.k.a. Davie Crockett), Susan Knopf, Kent Porter, Ed Berry, Jonathan Wilson, Brian Kornegay, Larry Desmond, Chuck Williams, Sheila Jenkins, Donna Berry, Dori Kramer, John McCowen (speaking as a private citizen), Lee Kraemer (speaking as a private citizen), and David Nelson. PUBLIC HEARING WAS CLOSED AT 9:10 P.M. RECESS: 9:11 – 9:21 P.M. Motion (Original Motion) by Councilmember Crane, Seconded by Vice-Mayor Landis to agree with the Planning Commission approval of the Site Development Permit, but uphold the appeal in part by adding five new conditions of approval. City Council Minutes for March 5, 2014, Continued: Page 3 of 6 Motion by Councilmember Scalmanini to amend the original motion to add further mitigations to the greenhouse gases, to include solarization of both roofs, the warehouse, and the awning of the gas station. Motion dies for lack of a second. RECESS: 9:11 – 9:21 P.M. Staff Comment: Tim Eriksen, Public Works Director. Motion by Mayor Baldwin, Seconded by Vice-Mayor Landis to amend the original motion in regards to attachment 8, page 5, condition 19a, to return the sidewalks from 5 foot width to 8 foot width. Motion failed by the following roll call votes: AYES: Landis and Baldwin. NOES: Scalmanini, Crane, and Thomas. ABSENT: None. ABSTAIN: None. Motion by Councilmember Scalmanini, Seconded by Councilmember Crane to amend the original motion in regards to attachment 8, page 5, condition 19a, to return the sidewalks from 5 foot width to 6 foot width. Motion carried by the following roll call votes: AYES: Scalmanini, Crane, Thomas, Landis, and Baldwin. NOES: None. ABSENT: None. ABSTAIN: None. Motion by Mayor Baldwin to amend the original motion to alter parking lot light located at farthest south end of parking lot and south of the gas station, to either a narrower range or on a lower pole, and less powerful than the other parking lot lights. Motion dies for lack of a second. Motion by Mayor Baldwin to amend the original motion regarding condition attachment 8, page 4, condition 18h, to state no pruning of trees adjacent to Highway 101 above 3 feet from the ground. Mayor Baldwin amended his motion to add “unless that is trumped by the Fire Marshall” Motion by Mayor Baldwin, Seconded by Councilmember Crane to amend the original motion regarding attachment 8, page 4, condition 18h, to state no pruning of trees adjacent to Highway 101 above 3 feet from the ground, unless that is trumped by the Fire Marshall. Motion by Councilmember Scalmanini to amend the motion to amend the original motion to say, “The Fire Department’s or Chief’s minimum recommended height.” Amendment is considered unfriendly and not accepted, leaving the motion to amend the original motion as follows: Motion by Mayor Baldwin, Seconded by Councilmember Crane to amend the original motion in regards to attachment 8, page 4, condition 18h, to state no pruning of trees adjacent to Highway 101 above 3 feet from the ground, unless that is trumped by the Fire Marshall. Motion carried by the following roll call votes: AYES: Crane, Thomas, Landis, and Baldwin. NOES: Scalmanini. ABSENT: None. ABSTAIN: None. Motion by Councilmember Scalmanini to amend the original motion to alter the lighting to narrow spectrum LED lighting, and put up as many poles as necessary to make it work. Motion dies for lack of a second. City Council Minutes for March 5, 2014, Continued: Page 4 of 6 Motion by Councilmember Scalmanini to amend the original motion to limit the light fixture height to 25 feet, and have more poles underneath the canopy of the trees instead of the lesser number of taller light fixtures above the canopy of the trees. Motion dies for lack of a second. ORIGINAL MOTION WITH APPROVED AMENDMENTS READS AS FOLLOWS: Motion/Second: Crane/Landis to agree with the Planning Commission approval of the Site Development Permit, but uphold the appeal in part by adding five new conditions and two new amendments (listed below) of approval. Motion carried by the following roll call votes: AYES: Crane, Thomas, Landis, and Baldwin. NOES: Scalmanini. ABSENT: None. ABSTAIN: None. 1. Plans submitted for building permit shall demonstrate that runoff from the roof is drained via the downspouts to the landscape area on the north side of the building to the maximum extent feasible. The plans submitted for building permit are subject to staff review and approval. 2. Plans submitted for building permit shall be revised to include a construction staging plan that shows the location of construction equipment and materials staging and locates the staging area a minimum of 250-feet from the existing offsite wetlands. The construction staging plan is subject to staff review and approval. 3. The landscaping plan submitted with the building permit plans shall be revised to remove non- native species within the southeast area of the site and to replace the non-native species with native species. The revised landscaping plan is subject to staff review and approval. 4. The landscaping plan submitted with the building permit plans shall be revised to show native understory plants (non-natives prohibited) under the valley oaks required to be planted along the south property line (Planning Commission condition of approval #26E). The revised landscaping plan is subject to staff review and approval. 5. The site specific Landscape Maintenance Manual required by condition of approval #5B above shall include pruning standards/procedures developed by a certified arborist. The site specific Landscape Maintenance Manual is subject to staff review and approval. 6. The width of the sidewalks on the north and west sides of the site shall be 6-feet. (This condition supersedes the sidewalk width required in Planning Commission condition of approval #26A and Public Works condition of approval #58 below) 7. The screening trees along US101 shall not be pruned above 3-feet above ground level unless a greater height is required by Cal Fire or the Fire Marshal. This requirement does not apply to shade trees located on the US101 side of the site (see Approved Project Plans dated January 15, 2014, sheet 21, Comparative Shade Plan). This condition of approval shall be included in the Landscape Maintenance Manual required by condition of approval #5B. (Site Development Permit Conditions of Approval are attached for reference) RECESS 11:14 – 11:18 P.M. 12. UNFINISHED BUSINESS City Council Minutes for March 5, 2014, Continued: Page 5 of 6 13. NEW BUSINESS c. Discuss and Provide Direction Regarding the Request from the Russian River Flood Control District to Forgo our Contractual Right to 800 Acre Feet of Water to Provide Drought Assistance for Other Agencies in the Ukiah Valley – Public Works Department. Presenter: Tim Eriksen, Public Works Director. Public Comment: Sean White, Russian River Flood Control and Water Conservation Improvement District General Manager. Motion/Second: Crane/Landis to grant the request by the Flood Control District to forgo the contractual amount of 800AF of water from the Lake Mendocino Project for 1 year, subject to developing an agreement and bringing it back to the City Council on March 19, 2014, for final review and approval. Motion carried by the following roll call votes: AYES: Scalmanini, Crane, Thomas, Landis, and Baldwin. NOES: None. ABSENT: None. ABSTAIN: None. a. Discuss and Provide Direction Regarding the Storm Drain System at the Redwood Empire Fairgrounds – Public Works Department. Presenter: Tim Eriksen, Public Works Director. MAYOR BALDWIN PASSED THE GAVEL AND DEPARTED AT 11:45 P.M. VICE MAYOR LANDIS PRESIDING. Motion/Second: Crane/Thomas to direct staff to proceed with the storm drain system including obtaining an easement, negotiating a maintenance agreement (COU No. 1314-186), select a design professional to prepare plans, specifications and estimates and then obtaining bids for the construction of the system; and approve budget amendment. Motion carried by the following roll call votes: AYES: Scalmanini, Crane, Thomas, Landis, and. NOES: None. ABSENT: None. ABSTAIN: Baldwin. b. Approval of Letter in Support of Senate Bill 1014 to Require Producers of Pharmaceuticals to Create, Finance and Manage a Safe Medicine Disposal Program for California Consumers – Public Works Department. Presenters: Tim Eriksen, Public Works Director and Councilmember Landis. Motion/Second: Crane/Thomas to approve letter in support of Senate Bill 1014 to require producers of pharmaceuticals to create, finance and manage a safe medicine disposal program for California consumers and authorize staff to submit letters supporting such legislation. Motion carried by the following roll call votes: AYES: Scalmanini, Crane, Thomas, Landis, and Baldwin. NOES: None. ABSENT: None. ABSTAIN: None. 14. CLOSED SESSION a. Conference with Labor Negotiator (§ 54957.6) Agency Representative: Jane Chambers, City Manager Employee Organizations: Electric Unit b. Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9(d)(1)) Name of case: Ukiah Valley Sanitation District v. City of Ukiah, Mendocino County Superior Court Case No. SCUK-CVC-13-63024 City Council Minutes for March 5, 2014, Continued: Page 6 of 6 c. Conference with Real Property Negotiators (§54956.8) Property: APN Nos. 002-121-20-00, 002-121-21-00, 002-121-22-00 and 002-121-23-00 Negotiator: Jane Chambers, City Manager Negotiating Parties: Robert Gitlin Under Negotiation: Price & Terms d. Conference with Real Property Negotiators (§54956.8) Property: APN Nos. 002-101-19, 20 & 21 Negotiator: Jane Chambers, City Manager Negotiating Parties: Rural Communities Housing Development Corporation (RCHDC) and City of Ukiah Under Negotiation: Price & Terms 15. ADJOURNMENT There being no further business, the meeting adjourned at 11:48 p.m. ________________________________ Kristine Lawler, City Clerk Draft Conditions of Approval Costco Warehouse and Fueling Station Site Development Permit File No.: 11-01-SDP-CC-PC / 11-16-EIR-CC-PC 1 1 City Council 2 Site Development Permit Conditions of Approval 3 Ukiah Costco Warehouse and Fuel Station 4 Airport Park Boulevard – Airport Industrial Park 5 APNs: 180-110-08, 09, and10; 180-080-57, 58, 59, and 62-67 6 File Nos.: 11-01-REZ-SDP-LLA-CC-PC-CE and 11-16-EIR-CC 7 8 1. Approval is granted to allow the construction and operation of a 148,000 square foot Costco 9 Wholesale building with loading dock, 16 pump fueling station with canopy, 607 vehicle 10 parking spaces, landscaping, signage, and associated site improvements on a 15.3 acre site 11 on the east side of Airport Park Boulevard between Ken Fowler Auto Center and the 12 southern terminus of Airport Park Boulevard (all or portions of APNs: 180-110-08, 09, 13 and10; 180-080-57, 58, 59, and 62-67) as shown in the plans submitted to the Planning 14 Department and date stamped January 15, 2014 and as described in the Project Description 15 and Details included as attachment 3A-3D of the staff report, except as modified by the 16 following conditions of approval. 17 18 2. Plans submitted for a building permit shall be in substantial conformance with the plans 19 approved by the City as described in the submitted project description, diagrams and 20 illustrations, as well as and plans contained in the Environmental Impact Report certified by 21 the City Council on December 18, 2013 and any modifications made to the project through 22 the discretionary review and approval process. 23 24 The warehouse would have a maximum size of 148,000 square feet and a 16 pump fuel 25 facility with a 3,840 square foot canopy on a 15.3-acre site. The proposed Costco 26 warehouse would include a bakery, pharmacy, optical center, hearing aid testing center, 27 food court, photo center, tire center, and fuel station, along with the sales of approximately 28 4,000 retail products. The tire center would be a 5,478 square-foot attached building with 29 member access through the inside of the main Costco building and would include retail tire 30 sales and a tire installation facility. 31 32 3. This site development permit shall not become effective unless and until the City Council 33 approves the rezoning to amend to the Airport Industrial Park Planned Development 34 Ordinance to rezone the Costco Project site to Retail Commercial and until that ordinance 35 becomes effective. 36 37 4. Outside sales and/or display are not included as part of this permit. Outside sales and/or 38 display requires application for and approval of a Use Permit. 39 40 5. Plans submitted for building permit shall include the following and are subject to staff review 41 and approval: 42 43 A. Plans and/or other documentation than demonstrates that the building is designed to 44 structurally support rooftop photovoltaic. Information, including structural analysis, 45 may be required by staff as needed to verify that the building is constructed to 46 support the potential future installation of rooftop photovoltaic. 47 48 Draft Conditions of Approval Costco Warehouse and Fueling Station Site Development Permit File No.: 11-01-SDP-CC-PC / 11-16-EIR-CC-PC 2 B. Site Specific Landscape Maintenance Manual as described in the narrative 1 submitted to the Planning Department and dated December 4, 2013 and included as 2 part of attachment 3B of the staff report. 3 4 C. An irrigation plan. 5 6 D. Landscaping and irrigation plans in compliance with the State’s Model Water 7 Efficiency Landscape Ordinance. 8 9 E. Plant species for the bioswale. 10 11 F. Green screen for the screening of the outdoor area on the north side of the building, 12 with a maximum height of 6-feet. 13 14 G. Manufacturer’s specifications/cutsheets for the bike parking required for the project 15 (bike parking for visitors/members, employees, and at transit stop. An inverted “U” 16 style rack is encouraged and preferred. 17 18 H. Bike parking for 22 bicycles: 10 at the store entry covered by the store’s entry 19 canopy; 10 at the north side of the building for use by employees; and 2 on the 20 concrete pad for the bus stop (see MTA conditions of approval below). 21 22 I. Location of the 10 covered bike parking spaces for employees and details of the 23 cover provided for the bike parking. 24 25 J. Location of the bike parking for visitors/members proximate to the store entry and 26 that allows the bike parking to be fully covered by the entry canopy. 27 28 K. Location of the four carpool spaces reserved for Costco employees (as required by 29 Air Quality mitigation measure 3.2.2b). 30 31 L. One bench outside of the shelter (MTA has indicated it will provide one shelter with a 32 bench), trash and recycling containers, shopping cart corral, and one bike rack that 33 accommodates two (2) bikes on the concrete pad for the bus shelter. The size of the 34 concrete pad for the bus stop shelter shall be increased as needed to accommodate 35 these items. The applicant/project proponent shall provide the trash and recycling 36 containers, shopping cart corral, and bike rack. Plans submitted for building permit 37 shall include the details/specifications for the Trash and recycling containers, 38 shopping cart corral, and one bike rack and are subject to staff review and approval. 39 40 M. Location of the protective tree fencing required for off-site trees that have the 41 potential to be affected by project construction. Such protective tree fencing shall be 42 located 5-feet outside of the dripline of the tree, 5-feet in height, and metal with in-43 ground posts or per the recommendations of the arborist report for any trees that 44 may be impacted by Project construction. 45 46 N. Site specific maintenance and management information that includes information 47 such as the frequency of site sweeping/cleaning, cart collection, security. 48 49 Draft Conditions of Approval Costco Warehouse and Fueling Station Site Development Permit File No.: 11-01-SDP-CC-PC / 11-16-EIR-CC-PC 3 O. Location of the required Class III bike route signage and detail of the signage 1 consistent with MUTCD Manual for Class III bike route signage. 2 3 P. Photometric plan shall shows the light level under the fuel station canopy and that 4 the light level at the edge of the fuel station canopy does not exceed 10fc. 5 6 6. Based on the number of required vehicle parking spaces (592) and the number of 7 employees anticipated per shift (60), twenty-two (22) bike parking spaces are required for 8 the Project. Ten bike parking spaces for members shall be provided in a convenient, visible, 9 and covered location near the store entry. Ten additional bike parking spaces shall be 10 provided for store employees. Two additional bike parking spaces shall be provided on the 11 concrete pad near the bus shelter and bench. 12 13 7. Prior to issuance of a building permit, the applicant/project proponent shall submit a 14 Transportation Demand Management (TDM) program for staff review and approval that 15 includes the items listed in Air Quality mitigation measure 3.2.2b (carpool parking spaces, 16 bike parking, employee locker room, rideshare program, rideshare bulletin board, rideshare 17 newsletter, guaranteed ride home, and increased transit accessibility) and that identifies the 18 designation onsite TDM Program Manager. 19 20 8. Prior to issuance of a building permit, the applicant/project proponent shall apply for and 21 receive an address assignment for the building from the Planning and Community 22 Development Department. 23 24 9. Prior to building permit issuance, the parcel consolidation and reconfiguration shall be 25 completed and recorded and conformed copies of the recorded documents shall be 26 provided to the Planning Department. 27 28 10. Prior to issuance of a building permit, the rezoning of the Costco Project site shall become 29 effective. 30 31 11. Prior to any deliveries to the warehouse loading areas, the signage required by MCAQMD 32 (see below) to notify truck drivers of idling prohibits shall be posted in the locations required 33 by MCAQMD. 34 35 12. The signs on the north and south fuel station canopy elevations shall be removed from the 36 sign program and a revised sign program submitted to the Planning Department for review 37 and approval. The revised sign program shall be approved by the Planning Department 38 prior to issuance of a sign permit. 39 40 13. Signs require application for and approval of a Sign Permit from the Planning and 41 Community Development Department. 42 43 14. The delivery truck route leaving the project site shall be north on Airport Park Blvd., west on 44 Talmage Road, and south on South State Street to US 101. All trucks used by Costco shall 45 be California legal and shall comply with all local and state requirements. This restriction 46 shall be in place until such time as the intersection of Airport Park Boulevard/Talmage Road 47 is improved to accept delivery trucks. 48 49 Draft Conditions of Approval Costco Warehouse and Fueling Station Site Development Permit File No.: 11-01-SDP-CC-PC / 11-16-EIR-CC-PC 4 15. In the event the offsite improvements to the drainage outfalls located to the south and east 1 of the site requires removal of any tree, any tree removed for said improvements shall be 2 replaced on the Costco site at a ratio of 1:1. A revised landscaping plan with the location, 3 size and species of the replacement tree(s) shall be submitted to the Planning Department 4 and the approved trees shall be planted as shown on the revised landscaping plan prior to 5 building permit final. 6 7 16. Expansion of the fueling station requires application for and approval of an amendment to 8 this Site Development Permit. Expansion of the fueling station is limited to a maximum of 9 four (4) additional pumps, for a total of 20 pumps, as analyzed in the Costco Wholesale 10 Project EIR. 11 12 17. This approval shall be null and void unless the California Environmental Quality Act/Fish and 13 Game filing fee of $3,029.75 payable to Mendocino County is filed with the City of Ukiah 14 Planning and Community Development Department within five (5) days of date of approval 15 of this Site Development Permit (date on which the Planning Commission votes to approve 16 the Site Development Permit). 17 18 18. All required landscaping shall be properly maintained to insure the long -term health and 19 vitality of the plants, shrubs and trees. Proper maintenance means, but is not limited to the 20 following: 21 22 A. Regular slow, deep watering when feasible. The amount of water used shall fluctuate 23 according to the season, i.e., more water in summer, less in the winter. 24 25 B. Additional watering shall occur during long periods of severe heat and drying winds, 26 and reduced watering shall be used during extended periods of cool rainy weather. 27 28 C. Fertilizer shall be allowed to establish plant growth and to ensure property growth as 29 recommended in the Landscape Maintenance and Management Plan required for 30 the Project (condition of approval 5B). 31 32 D. Weed killers shall not be used on or near trees. 33 34 E. The tree ties and stakes shall be checked every six months to ensure they do not 35 constrict the trunks and damage the trees. 36 37 F. Tree ties and stakes shall be removed after 1 to 3 years to ensure they do not 38 damage the trunk of the tree and its overall growth. 39 40 G. Any tree that dies or is unhealthy due to pests, disease or other factors, including 41 vandalism, shall be replaced with the same or similar tree species, or an alternative 42 species approved by the department of Planning and Community Development. 43 44 H. All trees shall be properly pruned as appropriate. No topping cuts shall be made. All 45 pruning shall follow standard industry methods and techniques to ensure the health 46 and vitality of the tree. 47 48 I. Maintenance and replacement of plantings shall comply with the staff approved 49 Maintenance Manual for the Project (see condition 5B above). 50 Draft Conditions of Approval Costco Warehouse and Fueling Station Site Development Permit File No.: 11-01-SDP-CC-PC / 11-16-EIR-CC-PC 5 From the City Council (March 5, 2014) 1 2 19. Plans submitted for building permit shall demonstrate that runoff from the roof is drained via 3 the downspouts to the landscape area on the north side of the building to the maximum 4 extent feasible. The plans submitted for building permit are subject to staff review and 5 approval. 6 7 20. Plans submitted for building permit shall be revised to include a construction staging plan 8 that shows the location of construction equipment and materials staging and locates the 9 staging area a minimum of 250-feet from the existing offsite wetlands. The construction 10 staging plan is subject to staff review and approval. 11 12 21. The landscaping plan submitted with the building permit plans shall be revised to remove 13 non-native species within the southeast area of the site and to replace the non-native 14 species with native species. The revised landscaping plan is subject to staff review and 15 approval. 16 17 22. The landscaping plan submitted with the building permit plans shall be revised to show 18 native understory plants (non-natives prohibited) under the valley oaks required to be 19 planted along the south property line (Planning Commission condition of approval #26E 20 below). The revised landscaping plan is subject to staff review and approval. 21 22 23. The site specific Landscape Maintenance Manual required by condition of approval #5B 23 above shall include pruning standards/procedures developed by a certified arborist. The 24 site specific Landscape Maintenance Manual is subject to staff review and approval. 25 26 24. The width of the sidewalks on the north and west sides of the site shall be 6-feet. (This 27 condition supersedes the sidewalk width required in Planning Commission condition of 28 approval #26A and Public Works condition of approval #58 below) 29 30 25. The screening trees along US101 shall not be pruned above 3-feet above ground level 31 unless a greater height is required by Cal Fire or the Fire Marshal. This requirement does 32 not apply to shade trees located on the US101 side of the site (see Approved Project Plans 33 dated January 15, 2014, sheet 21, Comparative Shade Plan). This condition of approval 34 shall be included in the Landscape Maintenance Manual required by condition of approval 35 #5B. 36 37 From the Planning Commission (January 22, 2014) 38 39 26. The Project shall be revised to comply with the following: 40 41 A. Reduction of the width of the sidewalks on the north and west sides of the site from 8-42 feet to 5-feet. Superseded by City Council condition of approval #24 above. 43 B. Reduction of the height of the parking lot lighting to a maximum of 34-feet (not to exceed 44 the height of the building). 45 C. Removal of the Crape Myrtle on the north side of the site and continuation of the 46 October Glory Maple. 47 D. Removal of the Crape Myrtle on the west side of the site adjacent to the street and 48 continuation of the Aristocrat Flowering Pear. 49 E. Replacement of the Pink Dawn Chitalpa along the south property line with Valley Oak. 50 Draft Conditions of Approval Costco Warehouse and Fueling Station Site Development Permit File No.: 11-01-SDP-CC-PC / 11-16-EIR-CC-PC 6 F. Removal of the “Costco Wholesale” signs on the west and south elevations of the 1 building. The building signage may be revised to use the 7-foot tall “C” shown as shown 2 in the Sign Program (sheet 14) of the Project plans dated November 13, 2013. 3 G. Removal of the signs on the north and south elevations of the fuel station canopy. 4 H. All newly constructed impervious surfaces shall drain through a storm water treatment 5 control BMP prior to discharging offsite. 6 I. Public Works condition #52 revised as shown in italics below. 7 8 27. The Project landscape plan shall be revised by the applicant as required in conditions #19B-9 E above and a revised landscaping plan submitted to the Planning Department for review 10 and approval. 11 12 28. Plans submitted for building permit shall be revised as required in condition #19 above and 13 are subject to staff review and approval. 14 15 29. A revised Sign Program that includes the removal of the signs required by conditions #12 16 and #19 above shall be prepared by the applicant and submitted to the Planning 17 Department for review and approval. The size of the remaining warehouse building signs 18 may be revised to use the 7-foot tall “C” as shown in the Sign Program (sheet 14) of the 19 Project plans dated November 13, 2013. The revised Sign Program shall also include a 20 recalculation of the Planning Commission approved signage for the Project. As noted 21 above in condition #13, signs require application for and approval of a Sign Permit from the 22 Planning and Community Development Permit. 23 24 Standard Conditions of Approval 25 26 30. The project proponent/applicant shall obtain and maintain any permit or approval required 27 by law, regulation, specification or ordinance of the City of Ukiah and other Local, State, or 28 Federal agencies as applicable. This Project may require permits and/or approvals f rom the 29 Mendocino County Air Quality Management District, Mendocino County Environmental 30 Health, Regional Water Quality Control Board, California Department of Fish and Wildlife, 31 and US Army Corps of Engineers. 32 33 31. All construction shall comply with all fire, building, electric, plumbing, occupancy, and 34 structural laws, regulations, and ordinances in effect at the time the Building Permit is 35 approved and issued. 36 37 32. No permit or entitlement shall be deemed effective unless and until all fees and charges 38 applicable to this application and these conditions of approval have been paid in full. 39 40 33. A copy of all conditions of this Site Development Permit shall be provided to and be binding 41 upon any future purchaser, tenant, or other party of interest. 42 43 34. All conditions of approval that do not contain specific completion periods shall be completed 44 prior to building permit final. 45 46 35. This Site Development Permit may be revoked through the City’s revocation process if the 47 approved project related to this Permit is not being conducted in compliance with these 48 stipulations and conditions of approval; or if the project is not established within two years of 49 Draft Conditions of Approval Costco Warehouse and Fueling Station Site Development Permit File No.: 11-01-SDP-CC-PC / 11-16-EIR-CC-PC 7 the effective date of this approval; or if the established use for which the permit was granted 1 has ceased or has been suspended for 24 consecutive months (zoning ordinance, §9263H). 2 3 36. This approval is contingent upon agreement of the applicant/project proponent and property 4 owner and their agents, successors and heirs to defend, indemnify, release and hold 5 harmless the City, its agents, officers, attorneys, employees, boards and commissions from 6 any claim, action or proceeding brought against any of the foregoing individuals or entities, 7 the purpose of which is to attack, set aside, void or annul the approval of this application. 8 This indemnification shall include, but not be limited to, damages, costs, expenses, attorney 9 fees or expert witness fees that may be asserted by any person or entity, including the 10 applicant/project proponent, arising out of or in connection with the City's action on this 11 application, whether or not there is concurrent passive or active negligence on the part of 12 the City. If, for any reason any portion of this indemnification agreement is held to be void or 13 unenforceable by a court of competent jurisdiction, the remainder of the agreement shall 14 remain in full force and effect. 15 16 37. This approval is not effective until the 10 day appeal period applicable to this Site 17 Development Permit has expired without the filing of a timely appeal. If a timely appeal is 18 filed, the project is subject to the outcome of the appeal and shall be revised as necessary 19 to comply with any modifications, conditions, or requirements that were imposed as part of 20 the appeal. 21 22 38. All use, construction, or occupancy shall conform to the application approved by the Zoning 23 Administrator, City Engineer, Planning Commission or City Council as applicable, and to any 24 supporting documents submitted therewith or made part of the administrative record, 25 including staff reports, maps, sketches, renderings, building elevations, landscape plans, 26 and other submittals or documents. 27 28 39. Except as otherwise specifically noted, this Permit shall be granted only for the specific 29 purposes stated in the action approving the Permit and shall not be construed as eliminating 30 or modifying any building, use, zoning or other requirements except as to such specific 31 purposes. 32 33 40. This approval is contingent upon agreement of the applicant/project proponent and property 34 owner and their agents, successors and heirs to defend, indemnify, release and hold 35 harmless the City, its agents, officers, attorneys, employees, boards and commissions from 36 any claim, action or proceeding brought against any of the foregoing individuals or entities, 37 the purpose of which is to attack, set aside, void or annul the approval of this application. 38 This indemnification shall include, but not be limited to, damages, costs, expenses, attorney 39 fees or expert witness fees that may be asserted by any person or entity, including the 40 applicant/project proponent, arising out of or in connection with the City's action on this 41 application, whether or not there is concurrent passive or active negligence on the part of 42 the City. If, for any reason any portion of this indemnification agreement is held to be void or 43 unenforceable by a court of competent jurisdiction, the remainder of the agreement shall 44 remain in full force and effect. 45 46 41. This approval is not effective unless and until all other required discretionary entitlements 47 have been granted, issued or approved as applicable. 48 49 Draft Conditions of Approval Costco Warehouse and Fueling Station Site Development Permit File No.: 11-01-SDP-CC-PC / 11-16-EIR-CC-PC 8 42. Any work, improvement, expenses or other encumbrance incurred by the applicant/project 1 proponent, owner or other party in reliance upon any entitlement, approval or permit which 2 has not been granted, issued or approved is at your own risk. 3 4 43. Applicant/project proponent shall be required to obtain and maintain any permit or approval, 5 which is required by law, regulation, or ordinance of any Local, State, or Federal agency. 6 Applicant/project proponent/property owner or other person in possession of the project site 7 shall grant permission to employees of the City of Ukiah and others authorized by the City of 8 the Ukiah to enter upon the subject property as necessary to inspect the property and 9 process the required entitlements. 10 11 44. All Conditions of Approval for this project shall be provided to all contractors and persons 12 working on the project. Conditions of Approval shall be prominently displayed on all sets of 13 plans for all ministerial permits required to develop the property, including building permits 14 and permits for grading or site preparation. 15 16 45. Any construction shall comply with the "Standard Specifications" for such type of 17 construction now existing or which may hereafter be promulgated by the Engineering 18 Department of the City of Ukiah; except where higher standards are imposed by law, rule, or 19 regulation or by action of the approving body. 20 21 46. In addition to any other condition imposed, any construction shall comply with all building, 22 fire, electric, plumbing, occupancy, and structural laws, regulations and ordinances in effect 23 at the time the Building Permit is approved and issued. 24 25 47. Prior to issuance of the Final Certificate of Occupancy, applicant/project proponent shall 26 submit to the Department of Planning and Community Development a completed Mendocino 27 County Air Quality Management District ‘Air Quality Permit Checklist’ if required by district 28 rules. 29 30 48. If, during site preparation or construction activities, any historic or prehistoric cultural 31 resources are unearthed and discovered, all work shall immediately be halted, and City 32 Planning Department staff shall be notified immediately of the discovery. The 33 applicant/project proponent shall be required to fund the hiring of a qualified professional 34 archaeologist to perform a field reconnaissance and, if deemed necessary, to develop a 35 precise mitigation program approved by the City prior to the continuation of any site work. 36 37 49. The use, site, improvements, landscaping, and all other elements shall be operated and 38 maintained consistent with the approved project and in good standing and repair for the life 39 of the project, notwithstanding any change in ownership. 40 41 From the Department of Public Works 42 43 50. Prior to construction of site improvements, a final grading and drainage plan, and an erosion 44 and sediment control plan, prepared by a Civil Engineer, shall be submitted for review and 45 approval by the Department of Public Works. The plan shall include the detailed design of 46 the proposed stormwater treatment planters, and if applicable, detention basin. Drainage 47 improvements shall be in compliance with the City of Ukiah’s Phase I Storm Water Permit 48 and the City of Santa Rosa & County of Sonoma Low Impact Development Technical 49 Draft Conditions of Approval Costco Warehouse and Fueling Station Site Development Permit File No.: 11-01-SDP-CC-PC / 11-16-EIR-CC-PC 9 Design Manual (LID Manual). A final drainage report shall be provided to support the design 1 of the proposed drainage system. 2 3 51. The project engineer shall provide direct oversight and inspection during project 4 construction, with special attention to implementation of best management practices for 5 sediment and erosion control, and the proper grading, installation, and landscaping of the 6 stormwater treatment planter areas. Upon completion of the work, a report shall be 7 submitted by the project engineer to the Department of Public Works stating that the 8 improvements have been completed in accordance with the approved plans and conditions 9 of approval, shall function as intended, and all areas have been permanently stabilized to 10 prevent sediment and erosion. 11 12 52. Maintenance and inspection of all post-construction best management practices (BMPs) are 13 the responsibility of the property owner. In accordance with the LID Manual, a legally 14 binding, signed maintenance agreement approved by the City of Ukiah is required for the 15 proposed stormwater treatment planters and all post-construction BMPs, and shall be 16 recorded prior to building permit final. 17 18 53. Since the project area disturbs greater than one acre, the applicant/project proponent must 19 obtain a Storm Water Permit from the Regional Water Quality Control Board, prior to 20 construction. (Note that, under the new Construction General Permit regulations, the 21 Stormwater Pollution Prevention Plan shall be prepared by a Qualified SWPPP Developer, 22 and implemented by a Qualified SWPPP Practitioner.) Also, an Air Quality Permit from the 23 Mendocino County Air Quality Management District will be required. 24 25 54. An existing 18 and 24 inch storm drain bisecting the Costco building site is proposed to be 26 relocated to the north side of the building. A minimum 15 foot wide easement, or as 27 otherwise approved by the City Engineer, shall be provided for the relocated alignment, as 28 well as for any other public facilities crossing the subject property. 29 30 55. An access easement to the City of Ukiah may be required along the southerly property 31 boundary for maintenance of the adjacent wetland area. 32 33 56. Impacts to the drainage in the freeway right-of-way may require an the project proponent to 34 obtain an encroachment permit from Caltrans. Evidence of approval from Caltrans shall be 35 provided prior to building permit issuance. 36 37 57. This project is subject to Airport Industrial Park Capital Improvement Fees as adopted by the 38 Ukiah City Council. Based on the proposed uses and site plan, the fee amount has been 39 determined to be $152,640. 40 41 58. Applicant/project proponent shall construct 8 foot 6-foot wide sidewalks along the Airport 42 Park Boulevard frontage, and along the cul-de-sac frontage along the northerly project 43 boundary (sidewalk width superseded by City Council condition of approval #24 above). 44 Existing curb ramps on the east side of Airport Park Boulevard at the cul-de-sac along the 45 northerly project boundary shall be upgraded to meet current ADA requirements, and a 46 crosswalk provided. Driveway entrances to the subject property shall also include 47 crosswalks and ADA compliant curb ramps. Prior to construction, improvement plans shall 48 be prepared by a Civil Engineer and approved by the Department of Public Works. Public 49 Draft Conditions of Approval Costco Warehouse and Fueling Station Site Development Permit File No.: 11-01-SDP-CC-PC / 11-16-EIR-CC-PC 10 sidewalk improvements outside of the street right-of-way will require a sidewalk easement 1 dedicated to the City. 2 3 59. A bus stop and covered bus shelter (shelter with bench to be provided by MTA) shall be 4 provided along the south side of the cul-de-sac as shown on the project site plan, to the 5 satisfaction of the City Engineer and the Mendocino Transit Authority. The bus stop shall 6 include a minimum 60 foot long by 10 foot wide reinforced concrete slab for the bus stop 7 pavement. The bus shelter concrete pad shall be a minimum of 8 foot wide by 20 foot long, 8 set behind the back of sidewalk. Design of the covered bus shelter shall be approved by the 9 Mendocino Transit Authority. Additionally a shopping cart storage area shall be provided 10 adjacent to the shelter. A public sidewalk easement shall be provided for the bus stop and 11 appurtenant structures, including but not limited to, the bus stop structure, shopping cart 12 storage, bike racks, benches, and concrete pad. 13 14 60. Any existing curb and gutter in disrepair that is adjacent to the subject property shall be 15 repaired. All work shall be done in conformance with the City of Ukiah Standard Drawings 16 101 and 102 or as directed by the City Engineer. 17 18 61. Street trees shall be spaced approximately every 30’, along Airport Park Boulevard, and 19 along the cul-de-sac along the northerly project boundary, within tree wells, a landscape 20 strip, or within 5’ of the back of sidewalk. Street trees shall be installed in accordance with 21 City Standard Drawing No 601. Tree types shall as shown on the approved landscape plan. 22 23 62. All areas of auto circulation should be paved with a minimum of 2” of asphaltic concrete (AC) 24 on 6” of Base or other suitable surface approved by the City Engineer. This includes the 25 proposed driveways and parking areas. If heavy truck traffic is anticipated from the solid 26 waste company, delivery trucks, or other heavy vehicles, the pavement section shall be 27 calculated appropriately to ensure that it can withstand the loading. 28 29 63. All work within the public right-of-way shall be performed by a licensed and properly insured 30 contractor. The contractor shall obtain an encroachment permit for work within this area or 31 otherwise affecting this area. Encroachment permit fee shall be $45 plus 3% of estimated 32 construction costs. 33 34 64. Existing sewer laterals planned to be utilized as part of this project shall be cleaned and 35 tested and replaced if required. If an existing lateral is to be abandoned, it shall be 36 abandoned at the main to the satisfaction of the Public Works Department. 37 38 65. Applicable City of Ukiah sewer connection fees shall be paid at the time of building permit 39 issuance. 40 41 66. Grease interceptors shall be sized in accordance with the California Plumbing Code. 42 43 67. Capital Improvement fees for water service are based on the water meter size. A fee 44 schedule for water meter sizes is available upon request. Additionally, there is a cost for 45 City crews to construct the water main taps for the proposed water services to serve the 46 project. 47 48 68. All irrigation and fire services shall have approved backflow devices. 49 Draft Conditions of Approval Costco Warehouse and Fueling Station Site Development Permit File No.: 11-01-SDP-CC-PC / 11-16-EIR-CC-PC 11 1 From the City Building Official 2 3 69. Plans and other documents submitted for a building permit shall include three (3) sets of a 4 Geotechnical Report. 5 6 From the Ukiah Fire Department 7 8 70. Based on the information provided by the applicant, David Babcock and Associates, the 9 building is considered a type V-B. The proposed building is 148,000 square feet. The fire 10 flow will be 8,000 g.p.m. (table BB 105.1) which requires nine hydrants (table CC 105.1). 11 Three (3) existing hydrants are located along Airport Park Blvd. and two (2) existing 12 hydrants are located in the cul-de-sac on the north side of the site. A minimum of four (4) 13 additional new hydrants shall be provided. One of the additional hydrants will be required 14 near the gas station. One new hydrant is recommended near the FDC at the new building 15 and it is recommended that the hydrants be ‘looped’. The location of the existing and new 16 fire hydrants shall be shown on the plans submitted for building permit and are subject to 17 staff review and approval. 18 19 From the City Electric Utility Department 20 21 71. Any fees associated with the removal of any existing 12kv primary electrical facilities (pad 22 mount switches, primary vaults, junction pedestals and primary conductors) or the addition 23 of new 12kv electrical facilities (transformers, vaults, junction pedestals/boxes, primary and 24 secondary conductors) extended to the new proposed building site shall be the responsibility 25 of the applicant/project proponent. 26 27 72. City of Ukiah Electric Utility Department can/will only provide one (1) transformer with a 28 capacity up to 1500kVA 480Y/277V, 3-phase 4 wire configuration for the Costco store and 29 one (1) transformer with a capacity of 55-75Kva 208Y/120V, 3-phase 4 wire configuration for 30 the Costco fueling station. The applicant/project proponent shall provide load capacity 31 information and the size of service panel/s for the COSTCO Warehouse Store & Gas Pumps 32 as soon as convenient or practical, in order to size the individual transformers for each 33 location. 34 35 73. The switchboard, pull section, and CT cabinet shall be in accord with current EUSERC 36 standards. The applicant/contractor/developer/project proponent shall submit service 37 equipment specification sheets with appropriate EUSERC references for City approval prior 38 to purchase and installation. 39 40 From the Police Department 41 42 74. The text/details and location of the following signage shall be included on building permit 43 plans and are subject to Police Department review and approval: 44 45 A. Parking is for members and employees only and overnight parking is prohibited. 46 47 B. Panhandling and camping are prohibited pursuant to the Ukiah City Code (Ukiah City 48 Code, Division 7: Police Regulations, Chapter 1: Peace & Order, Article 9: 49 Panhandling and Article 8: Camping). 50 Draft Conditions of Approval Costco Warehouse and Fueling Station Site Development Permit File No.: 11-01-SDP-CC-PC / 11-16-EIR-CC-PC 12 1 C. Other signage as required by the Police Department. 2 3 75. The Police Department approved signage shall be installed prior to building permit final. 4 5 From the Mendocino County Air Quality Management District (MCAQMD) 6 7 76. Measure 3.2.2a proposes that tree planting is planned to reduce summer heat gain. The 8 District recommends that the planting be better defined to incorporate no less than 1 tree 9 per 4 parking spaces to provide a true beneficial reduction in heat gain. 10 11 77. Measure 3.2.2c calls for the implementation of Mitigation Measure 3.10.2a, providing a 12 concrete pad suitable for future location of a bus shelter adjacent to the proposed sidewalk. 13 The District recommends that Costco work in conjunction with the local Transit Authority 14 (MTA) to provide a shelter in addition to the concrete pad so that the benefits and incentives 15 to use mass transit would be immediately available rather than at an unspecified future date. 16 17 78. To further mitigate impacts to local air quality, it is recommended that Costco encourage the 18 use of low emission vehicles by providing a minimum of 2 electric vehicle charging stations. 19 The type of electric vehicle charging stations installed for the Project are subject to 20 MCAQMD review and approval. 21 22 79. Any boilers or large combustion sources (over 500,000 BTU) requires an application and 23 review by the MCAQMD. 24 25 80. Any onsite operations which generate smoke many require a permit from MCAQMD. As of 26 2/15/2011, MCAQMD does not require permits for food preparation other than commercial 27 meat smoking. 28 29 81. MCAQMD has adopted a regulation requiring signage to be posted at loading areas 30 advising truck drivers of idling prohibitions. This required signage shall be posted on the 31 site. 32 33 82. Backup power sources require an application to be submitted to MCAQMD for review and 34 permit approval. 35 36 83. All products and equipment sold in store are subject to the Air Resources Board (ARB) 37 regulations regarding emissions and VOC content. MCAQMD advises all retailers to ensure 38 their supply system only allows ARB compliant products to be sold in California. 39 40 From Mendocino County Environmental Health 41 42 84. An installation permit, an annual operating permit, and implementation of a Hazardous 43 Materials Management Plan (HMMP) are required for the installation of the Underground 44 Storage Tank for the fueling station. 45 46 85. Hazardous materials used in the main store will also be included as part of the required 47 HMMP. 48 Draft Conditions of Approval Costco Warehouse and Fueling Station Site Development Permit File No.: 11-01-SDP-CC-PC / 11-16-EIR-CC-PC 13 1 86. A permit from Environmental Health is required for the operation of a food facility. 2 Application for this permit requires submittal of an application to start a food business, 3 complete set of construction plans, manufacturer’s technical specification (“cut”) sheets, for 4 all food facility related equipment and payment of the major plan review fee. 5 6 From Mendocino Transit Agency 7 8 87. Provide a concrete pad for a bus shelter on the north side of the site east of Airport Park 9 Boulevard. The concrete pad for the bus shelter shall be a minimum of 8-feet by 20-feet 10 and able to accommodate the shelter (provided by MTA), bench, recycling/trash 11 receptacles, and parking for two bicycles and shall be ADA compliant. The project 12 proponent shall also provide a sidewalk to connect to the bus shelter pad if necessary to 13 connect the sidewalk on the north side of the site to the concrete pad for the bus 14 bench/shelter. 15 16 88. If the bus stop is located on-street, a reinforced pad shall be provided on the street to 17 support the weight of the bus (see Public Works condition above). 18 19 89. The concrete pad for the shelter and the on-street concrete pad are shall be shown on plans 20 submitted for building permit and are subject to MTA review and approval. 21 22 Regional Water Quality Control Board 23 24 90. The following permits may be required from the Regional Water Quality Control Board and 25 the project proponent/applicant shall apply for and receive approval of all required permits 26 prior to commencement of on-site activities: 27 28 A. Construction General Storm Water Permit (for land disturbance of more than one 29 acre). This permit requires the preparation and implementation of a Storm Water 30 Pollution Prevention Plan (SWPPP) that identifies BMPs to implement and maintain 31 to minimize pollutant discharge from the construction site. This permit also requires 32 the use of Low Impact Development (LID) to treat post-construction stormwater 33 runoff from impervious surfaces. 34 35 B. Waste Discharge Requirements (WDRs) or a Conditional Waiver of WDRs (required 36 for projects which discharge or threaten to discharge waste to waters of the state). 37 38 C. Industrial Storm Water Permit. This permit requires the development of a Storm 39 Water Pollution Prevention Plan (SWPPP) and a monitoring plan. 40 41 D. Water Quality Certification (permit issued for activities resulting in dredge or fill within 42 waters of the United States). 43 44 91. The Project site is located near an area of groundwater contamination, any groundwater 45 encountered during site development activities shall be managed to ensure that human and 46 environmental receptors are protected from exposure to contaminants and the 47 applicant/project proponent shall notify the North Coast Regional Water Quality Control 48 Board Cleanups Division staff if and when any groundwater is encountered during 49 construction activities. 50 Draft Conditions of Approval Costco Warehouse and Fueling Station Site Development Permit File No.: 11-01-SDP-CC-PC / 11-16-EIR-CC-PC 14 1 From Caltrans 2 3 92. Prior to the Costco Wholesale building or fueling station opening to the public/members, the 4 traffic mitigation measures shall be completed. 5 6 93. Any work within the State right-of-way requires application for and approval of an 7 encroachment permit. 8 9 EIR Mitigation Measures/Conditions of Approval 10 11 94. Aesthetics: Measure 3.1.2: All outdoor light fixtures shall be located, aimed or shielded so as 12 to minimize stray light trespassing across property boundaries. Fixtures shall be full cut-off and 13 nighttime friendly, consistent with LEED goals and Green Globes criteria for light pollution 14 reduction. The project applicant/project proponent will be required to prepare a photometric plan 15 demonstrating that lighting will not spillover onto adjacent properties. Furthermore, the Project 16 will adhere to all City regulations relating to signage and the shielding of light in order to reduce 17 any potential negative effects from new light sources (per Building Code Sections §3225, §3226, 18 §3227). The revised light plan shall demonstrate an average light level no greater than 4 19 footcandle (fc) at grade (ground surface), and shall not exceed 10 fc in any location. Light 20 trespass onto adjacent private property shall not exceed 0.2 fc (at the property line). Light 21 trespass onto adjacent public rights of way or private roadway easements shall not exceed 0.2 22 fc measured at the centerline of the right of way. Pole-mounted parking lot lighting shall be 23 turned off one hour after the store closes. Alternatively, 50% of pole-mounted lighting may be 24 turned off if the City or store operator requests additional security lighting. These standards shall 25 be included in the Project conditions of approval as well as the mitigation monitoring and 26 reporting program. Timing: Prior to final inspection and the grant of occupancy. 27 28 95. Air Quality: Measure 3.2.2a: The Project will incorporate sustainability features in building 29 and site design with the goal of reaching a building efficiency rating that is greater than the 30 Title 24 requirement, in order to reduce energy consumption and associated GHG 31 emissions. As set forth in the "Project Description," the project will incorporate the following 32 sustainability features: 33 34 • Parking lot light standards are designed to provide even light distribution and use 20% 35 less energy compared to a greater number of fixtures at lower heights. The use of metal 36 halide lamps provide a color corrected white light and a higher level of perceived 37 brightness with less energy than other lamps such as high pressure sodium. 38 • Locally extracted and manufactured building materials will be utilized where feasible. 39 • Pre-manufactured building components, including structural framing and metal panels, 40 are designed to minimize waste during construction. 41 • Pre-manufactured metal wall panels with insulation are designed to conserve energy by 42 increasing R-value and solar reflectivity. Building heat absorption is reduced by a 43 decrease in the thermal mass of the metal wall when compared to a typical masonry 44 block wall. 45 • Reflective roof material will meet the requirements for the USEPA’s Energy Star energy 46 efficiency program. Reflective roofs produce lower heat absorption and thereby lower 47 energy usage during the summer months. 48 Draft Conditions of Approval Costco Warehouse and Fueling Station Site Development Permit File No.: 11-01-SDP-CC-PC / 11-16-EIR-CC-PC 15 • Skylights are used on the roof to reduce the need for interior lighting. A “daylight 1 harvesting” system monitors and adjusts the mechanical and lighting systems in order to 2 conserve energy. The system includes the skylights, light monitors, energy efficient 3 lighting fixtures, and associated control systems. On a typical sunny day, fewer than one 4 third of the interior lights are needed. 5 • Tree plantings to reduce summer heat gain within the parking field. 6 • Planting to incorporate a substantial amount of drought tolerant species. 7 • Irrigation system to incorporate the use of deep root watering bubblers for parking lot 8 shade trees to minimize water usage and ensure that water goes directly to the intended 9 planting areas. 10 11 Timing: Building Permit Plan Review. Plans submitted for a building permit shall include the 12 above features. 13 14 96. Air Quality Measure 3.2.2b: The applicant/project proponent shall implement the following 15 measures, to the extent feasible and appropriate, to reduce motor vehicle trips and 16 emissions associated with Project operations: 17 • Promote the use of alternative fueled vehicles and equipment (i.e., CNG, electric, etc) for 18 Project operations. The applicant/project proponent shall implement two or more of the 19 following measures: 20 o Warehouse equipment, including forklifts, will be electric powered. 21 o Landscaping equipment will be electric powered. 22 o Preferred parking for zero emission vehicles. 23 o Retail fueling station will include a CNG refueling station. 24 o Customer parking will include a minimum of one (1) electric recharge station. 25 • Provide commute incentives for employees to utilize alternative transportation, such as 26 carpool/vanpool, transit, cycling, or walking. A Costco carpool and alternative 27 transportation manager shall be designated to oversee the implementation of these TDM 28 measures. Costco will provide its employees the following incentives: 29 o Four carpool parking spaces reserved for Costco employees; 30 o Bicycle parking as required by City standards; 31 o Employee locker rooms; 32 o Rideshare Program, including recognition of rideshare participants at monthly 33 staff meetings and an annual update of rideshare benefits and incentives 34 provided to employees; 35 o A Rideshare Bulletin Board to be located in the employee breakroom, which will 36 contain information about the Rideshare Program, transit, bike routes, and other 37 alternate commute information; 38 o A Rideshare Newsletter to be published and posted on the Rideshare Bulletin 39 Board on a quarterly basis; 40 o Costco employees commuting to work in a rideshare program will be eligible for a 41 guaranteed ride home program in the event of an emergency or unexpected 42 situation (such as unscheduled overtime) on the days they rideshare. 43 o The applicant/project proponent shall increase transit accessibility. Such 44 measures could include the purchase of transit passes for employees. Also, 45 implement Mitigation Measure 3.10.2a. 46 Draft Conditions of Approval Costco Warehouse and Fueling Station Site Development Permit File No.: 11-01-SDP-CC-PC / 11-16-EIR-CC-PC 16 • The applicant/project proponent shall improve the pedestrian and bicycle network. 1 Implement Mitigation Measure 3.10.2b and 2c. 2 3 Timing: Prior to final inspection and the grant of occupancy. 4 5 97. Air Quality Measure 3.2.2c: Use low VOC architectural coatings. 6 7 Timing: Building Permit Plan Review. 8 9 98. Geology and Soils Measure 3.4.1a (For Seismic Ground Shaking) - Prior to the issuance 10 of a building permit for any portion of the Project site, the Project sponsor shall: 11 12 A. Submit to the City Building Services Division a site-specific, design level geotechnical 13 investigation prepared for each development parcel by a registered geotechnical 14 engineer. The investigation shall comply with all applicable state and local code 15 requirements and: 16 17 1) Include an analysis of the expected ground motions at the site from known active 18 faults using accepted methodologies; 19 2) Determine structural design requirements as prescribed by the most current 20 version of the California Building Code, including applicable City amendments, to 21 ensure that structures can withstand ground accelerations expected from known 22 active faults; 23 3) Determine the final design parameters for walls, foundations, foundation slabs, 24 utilities, roadways, parking lots, sidewalks, and other surrounding related 25 improvements; 26 27 B. Project plans for foundation design, earthwork, and site preparation shall incorporate all 28 of the mitigations in the site specific investigations. 29 30 C. The Project structural engineer shall review the site specific investigations, provide any 31 additional necessary mitigation to meet Building Code requirements, and incorporate all 32 applicable mitigations from the investigation in the structural design plans and shall 33 ensure that all structural plans for the Project meet current Building Code requirements. 34 35 D. A registered City geotechnical engineer or third-party registered engineer retained to 36 review the geotechnical reports shall review each site-specific geotechnical 37 investigation, approve the final report, and require compliance with all geotechnical 38 mitigations contained in the investigation in the plans submitted for the grading, 39 foundation, structural, infrastructure and all other relevant construction permits. 40 41 E. The City shall review all Project plans for grading, foundations, structural, infrastructure 42 and all other relevant construction permits to ensure compliance with the applicable 43 geotechnical investigation and other applicable Code requirements. 44 45 Timing: Prior to the issuance of a Building Permit 46 47 Draft Conditions of Approval Costco Warehouse and Fueling Station Site Development Permit File No.: 11-01-SDP-CC-PC / 11-16-EIR-CC-PC 17 99. Geology and Soils: Measure 3.4.1b (For liquefaction and earthquake induced settlement) 1 – Prior to the issuance of a building permit for any portion of the Project site, the Project 2 sponsor shall: 3 A. Submit to the City a site-specific, design level geotechnical investigation prepared for 4 each building site or installed facility location by a registered geotechnical engineer. 5 The investigation shall comply with all applicable state and local code requirements 6 and: 7 1) Provide site specific engineering requirements for mitigation of liquefiable soils; 8 2) Specify liquefaction mitigations that shall use proven methods, generally 9 accepted by registered engineers, to reduce the risk of liquefaction to a less than 10 significant level such as: 11 a) subsurface soil improvement, 12 b) deep foundations extending below the liquefiable layers, 13 c) structural slabs designed to span across areas of non-support, 14 d) soil cover sufficiently thick over liquefaction soil to bridge liquefaction zones, 15 e) dynamic compaction, 16 f) compaction grouting, 17 g) jet grouting, 18 h) mitigation for liquefaction hazards suggested in the California Geological 19 Survey's Geology (CGS) Guidelines for Evaluating and Mitigating Seismic 20 Hazards (CGS Special Publication 117, 1997) including edge containment 21 structures (berms, dikes, sea walls, retaining structures, compacted soil 22 zones), removal or treatment of liquefiable soils, modification of site 23 geometry, lowering the groundwater table, in-situ ground densification, deep 24 foundations, reinforced shallow foundations, and structural design that can 25 withstand predicted displacements. 26 B. The geotechnical investigation shall evaluate these mitigations and identify the most 27 effective and practicable mitigation methods for inclusion in the Project plans. These 28 identified mitigations shall be reviewed to ensure compliance with the CGS Geology 29 Guidelines related to protection of the public safety from liquefaction. 30 C. Project plans for foundation design, earthwork, and site preparation shall incorporate 31 all of the mitigations in the site specific investigations. 32 D. The Project structural engineer shall review the site specific investigations, provide 33 any additional necessary mitigation to meet Building Code requirements, and 34 incorporate all applicable mitigations from the investigation in the structural design 35 plans and shall ensure that all structural plans for the Project meet current Building 36 Code requirements. 37 E. A registered City geotechnical engineer or third-party registered engineer retained to 38 review the geotechnical reports shall review each site-specific geotechnical 39 investigation, approve the final report, and require compliance with all geotechnical 40 mitigations contained in the investigation in the plans submitted for the grading, 41 foundation, structural, infrastructure and all other relevant construction permits. 42 43 F. The City shall review all Project plans for grading, foundations, structural, 44 infrastructure and all other relevant construction permits to ensure compliance with 45 the applicable geotechnical investigation and other applicable Code requirements. 46 47 Draft Conditions of Approval Costco Warehouse and Fueling Station Site Development Permit File No.: 11-01-SDP-CC-PC / 11-16-EIR-CC-PC 18 Timing: Prior to the issuance of a Building Permit 1 2 100. Hazards and Hazardous materials: Measure 3.5.2: Hazards Remediation. If 3 contaminated soil and/or groundwater are encountered or suspected contamination is 4 encountered during Project construction activities, work shall be halted in the area, and the 5 type and extent of the contamination shall be identified in accordance with coordination of 6 the overseeing agency (RWQCB, DTSC, and/or MCEHD). A qualified professional, in 7 consultation with regulatory agencies (RWQCB, DTSC, and/or MCEHD) shall then develop an 8 appropriate method to remediate the contamination, and determine the appropriate 9 disposal method of any contaminated soil and/or groundwater. At this time, the available 10 studies suggest that no contaminated soil or groundwater will be found on site. 11 Nevertheless, this mitigation measure would require remediation procedures in the unlikely 12 event that contamination is encountered. Additionally, if required by an overseeing agency, 13 a remediation plan shall be implemented either before or in conjunction with continued 14 Project construction. 15 16 Timing: During site preparation and all construction activities. 17 18 101. Hydrology and Water Quality: Measure 3.6.2: In the event that construction period 19 dewatering is required, The Project Applicant/Proponent will coordinate with the City 20 concerning dewatering activities and compliance with the provisions in the permit, such as 21 the effluent limitations in the permit, prior to discharge. The applicant/project proponent will: 22 23 • Submit a Report of Waste Discharge and Application for NPDES Permit along with a 24 feasibility study of reuse of the groundwater to the RWQCB. 25 • Discharge flows only upon receipt of the Discharge Authorization Letter from the 26 RWQCB. 27 28 Timing: During site preparation and all construction activities. 29 30 102. Hydrology and Water Quality: Measure 3.6.4: The applicant/project proponent shall 31 prepare and submit to the City engineer and the North Coast Regional Water Quality Control 32 Board for approval a Final Drainage Plan. The Final Drainage Plan shall include design/plan 33 level depiction of the proposed stormwater drainage facilities on site, including the proposed 34 storm drainage system, vegetated swales, and the water quality features. The following 35 measures shall be implemented within the Final Drainage Plan, based on modeled runoff 36 volumes and flow rates specific to with-Project conditions: 37 38 • The applicant/project proponent shall design, implement, and maintain a stormwater 39 system such that there would be no net increase in project condition downstream peak 40 flows; and/or, with respect to the additional impervious surface area proposed for the 41 project, the applicant/project proponent shall design and implement volume- and/or flow-42 based Treatment Control Best Management Practices (BMPs) as defined in Attachment 43 4 (pages 5-6) of the State Water Resources Control Board (SWRCB) small municipal 44 separate storm sewer systems (MS4s) General Permit (Small MS4 General Permit) 45 (SWRCB Order 2003-0005-DWQ). 46 • The Final Drainage Plan is not required to include retention and/or retention features if 47 such features are not necessary to satisfy the above requirements. 48 Draft Conditions of Approval Costco Warehouse and Fueling Station Site Development Permit File No.: 11-01-SDP-CC-PC / 11-16-EIR-CC-PC 19 • Prior to implementation, design drawings and any related documents or specifications 1 with respect to these required mitigation measures shall be submitted to the City of 2 Ukiah and the North Coast Regional Water Quality Control Board. 3 • Modification of storm drain facilities within the State right-of-way (U.S. 101), may require 4 an encroachment permit, and shall be submitted to the California Department of 5 Transportation. 6 7 Timing: Prior to the issuance of a Building Permit. 8 9 103. Traffic and Circulation: Measure 3.10.1: The City shall construct Talmage Road 10 Interchange improvements, including the provision of two left-turn lanes on the westbound 11 Talmage Road approach to Airport Park Blvd. The improvements include the following 12 components: 13 14 • Closure of the existing stop-controlled US 101 Southbound Off-Ramp right-turn to 15 westbound Talmage Road 16 • All US 101 Southbound Off-Ramp traffic would be redirected to access Talmage Road 17 via a new full access intersection where the current loop ramp connects with Talmage 18 Road so that all off-ramp traffic would utilize the off-loop ramp. 19 • The existing US 101 Southbound Off-Ramp loop would be reconfigured to a more 20 standard 90-degree angle. 21 • The intersection of the loop ramp with Talmage Road would be controlled by a new 22 traffic signal. 23 • Both the eastbound Talmage Road and northbound US 101 Southbound Off-Ramp right-24 turn lanes will have right-turn overlap phasing, while the westbound Talmage Road 25 approach would include protected left-turn phasing. 26 • The design would also provide for two left-turn lanes on the westbound Talmage Road 27 approach to Airport Park Boulevard, which should extend the entire distance to the 28 adjacent intersection. 29 • Since the left-turn lanes would extend all the way to the intersection, signs and markings 30 on the off-ramp are provided to direct drivers to the correct lane for their destination. 31 • Intersection markings should be incorporated that provide guidance so as not to create a 32 trap-lane situation for drivers in the far northbound left lane. 33 • Removal of the existing northbound right-turn overlap phasing at Airport Park 34 Boulevard/Talmage Road. 35 36 The City shall coordinate with the California Department of Transportation regarding 37 improvements to state facilities. The traffic mitigations shall be completed before Costco is 38 issued a certificate of occupancy. The City shall establish a funding mechanism to pay for 39 the cost of the improvement. 40 41 Timing: Prior to the grant of occupancy. 42 43 104. Traffic and Circulation: Measure 3.10.2a: Provide a concrete pad suitable for future 44 location of bus shelter on the northern frontage of the Project site, adjacent to the proposed 45 sidewalk. 46 47 Timing: Prior to the grant of occupancy. 48 49 Draft Conditions of Approval Costco Warehouse and Fueling Station Site Development Permit File No.: 11-01-SDP-CC-PC / 11-16-EIR-CC-PC 20 105. Traffic and Circulation: Measure 3.10.2b: The Project Applicant/Project Proponent 1 shall implement the following measures to reduce potential pedestrian impacts associated 2 with the Project: 3 • Install sidewalks along the project frontage on Airport Park Boulevard as identified in the 4 project site plan. 5 • Install high visibility crosswalk markings across driveway entrances to the project 6 including the existing cul-de-sac on the north side of the project to increase visibility of 7 pedestrians. 8 • Install ADA compliant curb ramps at driveway crossings and transition points along the 9 project frontage. Also, ensure that the existing curb ramps at the existing cul-de-sac 10 intersection with Airport Park Boulevard are compliant with current ADA standards. 11 • Provide an adequate pedestrian connection from the street frontage and main parking 12 area to the retail store entrance (per Ordinance 1098). 13 14 Timing: Prior to the grant of occupancy. 15 16 106. Traffic and Circulation: Measure 3.10.2c: The Project Applicant/Project Proponent 17 shall implement the following measures to reduce potential bicycle impacts associated with 18 the Project: 19 • Install Class III bike lanes along the Project frontage on Airport Park Boulevard. 20 • The Project Applicant/Project Proponent shall comply with Ordinance 1098, Airport 21 Industrial Park Planned Development, requirements to install the required number of 22 bicycle parking spaces (long-term spaces [bicycle lockers or covered parking spaces to 23 reduce exposure to the elements and vandalism] for Project employees and short-term 24 spaces for Project patrons and employees [at a convenient location adjacent to the 25 store’s primary entry points]). Bicycle racks should be an appropriate design and 26 installed correctly to ensure proper function. 27 28 Timing: Prior to the grant of occupancy. 29 30 107. Traffic and Circulation: Measure 3.10.4: In addition to the planned city constructed 31 left-turn lane on the westbound approach of Airport Road, the city shall construct a left-turn 32 lane on the eastbound Hastings Avenue approach should be installed at South State 33 Street/Hastings Avenue-Airport Road. Implementation of the recommended improvements 34 at Talmage Road/Airport Park Boulevard would result in acceptable operating conditions 35 during both the a.m. and p.m. peak hours. 36 37 Timing: Prior to the grant of occupancy. 38 39 108. Biological Resources: Measure 3.12.1: The following measures shall be implemented 40 to reduce potential impacts on nesting birds: 41 42 A. If construction-related activities are to occur during the nesting bird season (February 15 43 through August 31), a qualified biologist shall conduct a preconstruction survey of all 44 potential nesting habitats within 30 days prior to the start of activities (grubbing, dirt-45 moving, mobilization, or other construction-related activities) and within 500 feet of 46 construction activities. If ground-disturbing activities are delayed or suspended for more 47 than 30 days after the pre-construction survey, the site shall be resurveyed. The results of 48 these surveys shall be documented in a technical memorandum that shall be submitted to 49 Draft Conditions of Approval Costco Warehouse and Fueling Station Site Development Permit File No.: 11-01-SDP-CC-PC / 11-16-EIR-CC-PC 21 the California Department of Fish and Game (if nesting birds are documented) and the City 1 of Ukiah. 2 B. If an active nest is found during the preconstruction survey, a no-work buffer of 500 3 feet will be established unless otherwise approved by the California Department of Fish 4 and Game (DFG). The qualified biologist will coordinate with DFG to determine the 5 appropriate nest avoidance, monitoring, and protective measures appropriate for the 6 species and site conditions. In addition to establishment of a no-work buffer, these 7 measures may include daily or spot-check monitoring of the nesting activity as deemed 8 appropriate by DFG. 9 C. If the preconstruction survey indicates that nests are inactive or potential habitat is 10 unoccupied during the construction period, no further mitigation is required. Trees and 11 shrubs that have been determined to be unoccupied by birds or that are located more 12 than 500 feet from active nests may be removed (500 feet is the distance regularly 13 recommended by DFG to prevent impacts to active avian nests). 14 15 Timing: Prior to the issuance of a Building Permit. 16 17 109. Cultural Resources: Measure 3.14.2: If cultural resources are encountered, all activity 18 in the vicinity of the find shall cease until it can be evaluated by a qualified archaeologist and 19 a Native American representative. Prehistoric archaeological materials might include 20 obsidian and chert flaked-stone tools (e.g., projectile points, knives, scrapers) or toolmaking 21 debris; culturally darkened soil (“midden”) containing heat-affected rocks, artifacts, or 22 shellfish remains; and stone milling equipment (e.g., mortars, pestles, handstones, or milling 23 slabs); and battered stone tools, such as hammerstones and pitted stones. Historic-period 24 materials might include stone, concrete, or adobe footings and walls; filled wells or privies; 25 and deposits of metal, glass, and/or ceramic refuse. If the archaeologist and Native 26 American representative determine that the resources may be significant, they will notify the 27 City of Ukiah. An appropriate treatment plan for the resources should be developed. The 28 archaeologist shall consult with Native American representatives in determining appropriate 29 treatment for prehistoric or Native American cultural resources. 30 31 In considering any suggested mitigation proposed by the archaeologist and Native American 32 representative, the City will determine whether avoidance is necessary and feasible in light 33 of factors such as the nature of the find, project design, costs, and other considerations. If 34 avoidance is infeasible, other appropriate measures (e.g., data recovery) will be instituted. 35 Work may proceed in other parts of the project area while mitigation for cultural resources is 36 being carried out. 37 38 Timing: During site preparation and all construction activities. 39 40 110. Cultural Resources: Measure 3.14.3: If human remains are encountered unexpectedly 41 during construction excavation and grading activities, State Health and Safety Code Section 42 7050.5 requires that no further disturbance shall occur until the County Coroner has made 43 the necessary findings as to origin and disposition pursuant to PRC Section 5097.98. If the 44 remains are determined to be of Native American descent, the coroner has 24 hours to notify 45 the NAHC. The NAHC will then identify the person(s) thought to be the Most Likely 46 Descendent, who will help determine what course of action should be taken in dealing with 47 the remains. 48 49 Timing: During site preparation and all construction activities. 50 Draft Conditions of Approval Costco Warehouse and Fueling Station Site Development Permit File No.: 11-01-SDP-CC-PC / 11-16-EIR-CC-PC 22 1 111. Global Climate Change: Measures 3.2.2a through 3.2.2d: The project shall 2 implement Mitigation Measures 3.2.2a and 3.2.2d. These measures include incorporation of 3 sustainability features in the building and site design in order to reduce energy consumption 4 and exceed the Title 24 building efficiency ratings (Measure 3.2.2a), implementation of a 5 carpool/vanpool program (measure 3.2.2b), increase transit accessibility (Measure 3.2.2c), 6 and improve the pedestrian network (Measure 3.2.2d). 7 8 Timing: Prior to the issuance of a Building Permit. 9 10 11