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HomeMy WebLinkAbout04112012 - packet CITY OF UKIAH PLANNING COMMISSION AGENDA April 11, 2012 6:00 P.M. 1. CALL TO ORDER 6:00 P.M. CITY COUNCIL CHAMBERS UKIAH CIVIC CENTER, 300 SEMINARY AVENUE 2. ROLL CALL COMMISSIONERS BRENNER, DOBLE, SANDERS, WHETZEL, AND CHAIRPERSON PRUDEN 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF MINUTES The minutes from the March 14, 2012 meeting are included for review and approval. 5. COMMENTS FROM AUDIENCE ON NON-AGENDA ITEMS The Planning Commission welcomes input from the audience. 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. 6. APPEAL PROCESS All determinations of the Planning Commission regarding major discretionary planning permits and associated California Environmental Quality Act (CEQA) determinations are final unless a written appeal, stating the reasons for the appeal, is filed with the City Clerk within ten (10) days of the date the decision was made. An interested party may appeal only if he or she appeared and stated his or her position during the hearing on the decision from which the appeal is taken. For matters on this agenda, an appeal must be received no later than Monday April 23, 2012 at 5:00 p.m. 7. SITE VISIT VERIFICATION 8. VERIFICATION OF NOTICE 9. PUBLIC HEARING A. Walmart Expansion Project Site Development Permit and Statement of Overriding Considerations (File Nos.: 09-28-SDP-PC and 09-42-EIR- PC). Planning Commission consideration and possible adoption of a resolution to deny the Walmart Expansion Project 1) Major Site Development Permit and associated landscaping modification, and 2) Statement of Overriding Considerations. The Project is located at 1155 Airport Park Boulevard, APN 180-070-38, in the Airport Industrial Park Planned Development (AIP PD). The project proposes a Americans with Disabilities Act Accommodations. 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. Please call (707)463-6752 or(707)463-6207 to arrange accommodations. 47,621 square foot expansion of the existing 109,030 square foot store, for a total square footage of 156,651 to include expanded general merchandise floor area and expanded grocery sales floor area, indoor and outdoor garden centers, as well as the possibility of distilled alcohol sales, and a medical clinic and/or vision center on a 13.44 acre site. The Project would remove the Tire and Lube Express. Also included as part of the project is a change in store hours to 24 hours per day, seven days per week, modifications to the design of the exterior of the building, the addition of new parking spaces, modifications to the landscaping, and other associated site improvements. The proposed Project requires approval of a Major Site Development Permit, two modifications to the AIP PD landscaping requirements, and adoption of a Statement of Overriding Considerations. As part of the Major Site Development Permit, the Planning Commission will consider the applicant's request for approval of modifications to the AIP PD landscaping requirements for landscaping lot coverage and shade coverage. Approval of the project would also require a Statement of Overriding Considerations for the significant and unavoidable Traffic impacts identified in the Walmart Expansion EIR. This item was continued from the November 9, 2011, December 14, 2011, 7anuary 11, 2012, 7anuary 25, 2012, February 8, 2012, and March 14, 2012 Planning Commission meetings. 10. PLANNING DIRECTOR'S REPORT 11. PLANNING COMMISSIONERS' REPORT 12. ADJOURNMENT Americans with Disabilities Act Accommodations. 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. Please call (707)463-6752 or(707)463-6207 to arrange accommodations. 1 UKIAH PLANNING COMMISSION 2 March 14, 2012 3 Minutes 4 5 COMMISSIONERS PRESENT COMMISSIONERS ABSENT 6 Judy Pruden, Chair None 7 Jason Brenner 8 Kevin Doble 9 Linda Sanders 10 Mike Whetzel 11 12 STAFF PRESENT OTHERS PRESENT 13 Charley Stump, Planning Director Listed below, Respectively 14 Kim Jordan, Senior Planner 15 Jennifer Faso, Associate Planner 16 David Rapport, City Attorney 17 Cathy Elawadly, Recording Secretary 18 19 1. CALL TO ORDER 20 The regular meeting of the City of Ukiah Planning Commission was called to order by 21 Chair Pruden at 6:00 p.m. in the Council Chambers of the Ukiah Civic Center, 300 Seminary Avenue, 22 Ukiah, California. 23 24 2. ROLL CALL 25 26 3. PLEDGE OF ALLEGIANCE - Everyone cited. 27 28 4. APPROVAL OF MINUTES — The minutes from the December 14, 2011, January 25, 2012, 29 February 8, 2012 meetings and February 22, 2012 are included for review and approval. 30 Commissioner Sanders made the following correction: 31 Page 8, line 31, sentence to read, `Apparently, the associate planner does not have the authority to make 32 that request.' 33 34 M/S Sanders/Doble to approve December 14, 2011 minutes, as amended. Motion carried (5-0). 35 36 M/S Doble/Sanders to approve January 25, 2012 minutes, as submitted. Motion carried (5-0). 37 38 Commissioner Sanders made the following corrections: 39 Page 35, line 44, sentence to read, `Would really like to hear about the roundabout, if that is really a 40 viable option.' 41 42 Page 35, line 49, sentence to read, "Inquired about the pedestrian issue and `how are semi's going to be 43 accommodated?' 44 45 M/S Sanders/Doble to approve February 8, 2012 minutes, as amended. Motion carried (4-0) with 46 Commissioner Brenner abstaining. 47 48 Commissioner Whetzel made the following correction: 49 Page 5, Line 20, sentence to read, 'If anyone has children and has used this technique/feature before this 50 type of design is more accommodating to customers.' 51 52 Commissioner Sanders requested the following: 53 54 Page 3, add `Smaller building footprinY and `Less parking' to Commissioner Sander's list of aspects she 55 likes about the design MINUTES OF THE PLANNING COMMISSION March 14, 2012 Page 1 1 M/S Sanders/Whetzel to approve February 22, 2012 minutes, as amended. Motioned carried (4-0) with 2 Chair Pruden abstaining. 3 4 5. COMMENTS FROM AUDIENCE ON NON-AGENDA ITEMS 5 6 6. APPEAL PROCESS 7 8 7. SITE VISIT VERIFICATION 9 10 8. VERIFICATION OF NOTICE 11 12 9. PUBLIC HEARING 13 9A. Walmart Expansion Project Site Development Permit and Statement of Overriding 14 Considerations (File Nos.: 09-28-SDP-PC and 09-42-EIR-PC). Provide Planning Commission 15 comment and direction to staff on the Walmart Expansion Project 1) Major Site Development 16 Permit and associated modifications to landscaping requirements, and 2) Statement of Overriding 17 Considerations. Public Comment on this item was closed at the February 8, 2012 Planning 18 Commission meeting. 19 20 The Project is located at 1155 Airport Park Boulevard, APN 180-070-38, in the Airport Industrial 21 Park Planned Development (AIP PD). The Project proposes a 47,621 square foot expansion of 22 the existing 109,030 square foot store, for a total square footage of 156,651 to include expanded 23 general merchandise floor area and expanded grocery sales floor area, indoor and outdoor 24 garden centers, as well as the possibility of distilled alcohol sales, and a medical clinic and/or 25 vision center on a 13.44 acre site. Also included as part of the Project is a change in store hours 26 to 24 hours per day, seven days per week, modifications to the design of the exterior of the 27 building, the addition of a new parking spaces, modifications to the landscaping, and other 28 associated site improvements. 29 The proposed Project requires approval of a Major Site Development Permit, two modifications to 30 the AIP PD landscaping requirements, and adoption of a Statement of Overriding Considerations. 31 As part of the Major Site Development Permit, the Planning Commission will consider the 32 applicanYs request for approval of modifications to the AIP PD landscaping requirements for 33 landscaping lot coverage and shade coverage. Approval of the Project would also require a 34 Statement of Overriding Considerations for the significant and unavoidable Traffic Impacts 35 identified in the Walmart Expansion EIR. 36 This item was continued from the November 9, 2011, December 14, 2011, January 11, 2012, 37 and the January 25, 2012, and February 8, 2012 Planning Commission meetings. 38 39 Chair Pruden: Stated as of the February 8, 2012 meeting concerning the Walmart Expansion Project 40 Site Development Permit and Statement of Overriding Considerations public comment was closed. 41 TonighYs discussion regarding the Expansion Project will only be at the Planning Commission level. 42 43 Senior Planner Jordan provided information relative to how the Planning Commission can proceed with 44 Commission review of the Project using the staff report as a tool to guide the discussion. 45 46 Chair Pruden: The staff report written by Senior Planner Jordan is very well organized. 47 48 Chair Pruden: 49 • Is not clear and noted further discussion is likely necessary regarding the applicant's proposal to 50 remove the mature Plum trees that are closest to the store entrance on the west side of the 51 parking lot. 52 • Is of the opinion these trees should not be removed because they are aesthetically 53 complementary to the site. 54 • It is her understanding the reason for the removal is because of grade changes that are attributed 55 to the Project and questioned if there is a workable solution so that the trees can be retained. MINUTES OF THE PLANNING COMMISSION March 14, 2012 Page 2 1 • Would like see the curbing come up to grade so that the runoff from the parking lot would allow 2 this water to flow into the landscaping area where these trees are located. 3 • Flag this issue for further discussion. 4 5 SIGHT DEVELOPMENT PERMIT 6 ADDITIONAL INFORMATION AND PROJECT REVISIONS 7 This section lists the requests made by the Commission of the applicant with regard to recommended 8 Project revisions, the applicant's response by way of modifications to the requests that were discussed at 9 the February 8 Commission meeting, and where applicable staff response and/or analysis thereof. 10 11 Elevations 12 The Commission asked the applicant to revise the western elevation to modify the upward sloping 13 canopies to more typical downward sloping canopies and provide more shade on the western elevation 14 and to revise the north elevation of the building in the vicinity of the roll-up doors to the indoor garden 15 center to provide more building articulation. 16 17 Commission: 18 • Fine with February 8 modifications made by applicant(letter dated February 1, 2012). 19 • No comments/concerns regarding the revised elevations and perspectives submitted by the 20 applicant at the February 8th Planning Commission meeting. 21 22 Desian Amenities 23 The Commission asked the applicant on the site plan to show an outside employee lounge area with 24 design amenities, i.e., benches. 25 Commission: 26 • Is fine with the design amenities pertinent to providing for an outside employee lounge area as 27 proposed by the applicant. This section indicates in a letter from the applicant the break area will 28 include a canopy supported by columns that will shade an area that covers three of the proposed 29 bike racks and two picnic tables with benches. 30 • Make certain the benches for the outside employee lounge area and the revisions submitted by 31 the applicant at the February 8 Planning Commission meeting relative to attachment 15, sheets 1 32 and 2, Elevation and Perspectives, are on the final site plan and include the location of benches 33 for customers on the plans as well. 34 • No other comments/concerns regarding the revised elevations submitted by the applicant at the 35 February 8th meeting. 36 37 Pedestrian Circulation 38 The Commission asked on the site plan to show the pedestrian access facilities and/or provide a 39 Pedestrian Access Plan, provide for/use standard and/or colored textured concrete for the pedestrian 40 areas in front of the access points to the building, consult with Public Works to consider adding a mid- 41 block crosswalk on Commerce drive whereby the intent is to provide for a new crosswalk linking the 42 stores north and south of Commerce Drive, and consider whether mid-block crosswalks are feasible, 43 particularly for one in the vicinity of the Commerce Drive bus stop and what would have to occur in this 44 regard. 45 46 Commission: 47 • Site Plan SP-1A adequately shows the pedestrian access facilities. 48 49 Commissioner poble: 50 • Referred to attachment 7 of the staff report regarding a letter from City Building Official 51 Willoughby dated January 24, 2012 that references driveways and the issue of ADA compliance 52 that states, `details are not included with these plans, but when a building permit is applied for all 53 accessibility requirements need to be met including an accessible path of travel from one side of 54 the public sidewalk through the driveway approach and to the other side' and questioned why this 55 aspect is not highlighted on the site plan. MINUTES OF THE PLANNING COMMISSION March 14, 2012 Page 3 1 • Normally, the driveway approach actually has a slope that exceeds what is required for ADA 2 compliance such that the pathway has to go behind the driveway apron. This aspect is not shown 3 on the site plan as part of the circulation facilities. 4 • Does not know if the Commission is okay with having it be part of the building plan process and 5 review. 6 7 Staff: 8 • The letter was in response to public comment indicating there was not adequate ADA access to 9 the site. The Building Official reviewed the site plans and is of the opinion the plan relative to ADA 10 access meets the general intentions of the 2010 California Building Code and the 2010 DAD 11 Standards for Accessible Design requirement for an accessible route from site arrival points. 12 • Added, at this level of project review, an applicant is not required to show this type of detail 13 unless otherwise requested by the building official. 14 • The Building Official is letting the Planning Commission and the public know when the building 15 permit comes in that the matter of ADA compliance and/or any other accessibility requirements 16 will be reviewed for the Project. 17 • No condition of approval is necessary because ADA compliance is a requirement. 18 19 Commission: 20 • No other comments/concerns. 21 22 Bus Stop 23 The Commission asked staff to consult with Public Works and the MTA regarding relocation of the bus 24 stop/shelter to the east side of the entry driveway on Commerce Drive. 25 26 Commission: 27 • Attachment 14 in the staff report shows the relocation of the bus stop from the west side of the 28 Commerce Drive access driveway to the east side of the access driveway. 29 • Acknowledged City staff and MTA have identified a preferred location on the east side of the 30 driveway for relocation of the bus stop that includes the coordination of a new mid-block 31 crosswalk and new bulb-outs as shown on the `mark-up' plan (attachment 14). 32 • The addition of the crosswalk sufficiently addresses the concern regarding safety issues. 33 • Is fine with the new location of the bus stop. 34 • No other comments/concerns. 35 36 Landscapina 37 The Commission asked the applicant: 38 • To change the type of shade trees at the front of the store. 39 • Use more tree planting strips in the parking lot rather than individual tree planning wells. 40 • Provide additional trees on the east side to screen the rear of the store. 41 • Provide information regarding tree location in regards to the detention area on the northeast 42 corner of the site. 43 44 Commission: 45 • Referred to sheet L4.0, Planting Plan to address landscaping. 46 • Is pleased the Crape Myrtle trees at the front of the store have been changed to Trident Maple. 47 • Chinese Pistache planted will be male in order to reduce debris from the trees. 48 • Would like all the Plum trees be retained along the eastern frontage of the parking lot and 49 increase the grade to allow runoff into the tree area. This is a way to irrigate the trees. The trees 50 are a nice amenity to the Project. 51 • Supports reducing the height of the curbing. High curbing is detrimental to vegetative plantings 52 because it prevents water from flowing into the area. Questioned if the drainage comes from the 53 west does the curbing have to be continued around the tree area or can the curb be depressed in 54 some way to allow the water to flow into the tree wells and still provide for curbing that functions 55 properly? There does not appear to be a lot of drainage coming from the face of the building. MINUTES OF THE PLANNING COMMISSION March 14, 2012 Page 4 1 Questioned if it is the construction of the curbing that is affecting the trees or is the purpose to 2 keep water out of the tree wells? 3 • Noted according to information from Dennis Slota the Plum trees would not be harmed if the 4 driveway is elevated to the height of curb. If this presents a problem would prefer to lower the 5 height of the curb rather than remove the Plum trees. 6 • The preference is to retain the Plum trees and figure out what type of drainage will work for this 7 area. Plum trees can absorb large amounts of water so `wet feeY is not a concern. 8 • Commented `flush curbing' is a standard Low Impact Development (LID) practice that allows 9 water to flow into landscaped areas. The intent regarding retention of the trees is to find a solution 10 that will work with the grading. 11 • A storm drain exists on the west side of the planter area so if there is an issue of having the 12 planter fill with water, the excess water could go in the storm drain system at this location. Has no 13 knowledge whether or not this is a feasible approach in terms of the drainage design. 14 15 Stanley Iverson, TAIT and Associates, Project Engineer consultant: 16 • Understands there is a desire to retain the Plum trees. 17 • Supports going with the zero curb from a trip hazard standpoint for entry into the building. 18 • Even if the grade is raised some, it may be that a planter drain could be installed that ties into the 19 adjacent storm drain system. In the event of having raised asphalt, it is possible to provide breaks 20 in the curb to allow the water to flow into the lower planter area and yet again, it is possible to 21 install an adjacent drain that ties to the storm drain system. 22 23 Commission: 24 • It appears feasible to retain the Plum trees. 25 • The desire is to use more tree planting strips in the parking lot as opposed to individual tree 26 planting wells. 27 • Indicated that staff requested the applicant review the plants proposed for the bioretention area to 28 make certain the plantings were appropriate and that `Berkeley Sedge' and `rush grass' were 29 identified as appropriate for the location. 30 • Referred to an email (attachment 5 in the staff report, dated February 23, 2012) from Miriam 31 Montesinos, attorney for applicant, that was based on Commission comments as to whether or 32 not existing/proposed plants/trees species are the appropriate species for the planned swales 33 and/or water treatment areas. 34 • The staff report indicates no trees are to be planted in the bioretention area and the location of 35 the bioretention area was revised to allow existing trees to remain. 36 37 Staff: 38 • The aforementioned email is in response to staff's request that the applicant provide additional 39 information about the concern related to the bioretention area and that whatever is being planted 40 is a suitable species for the area. Staff specifically asked the applicant to look at the plant species 41 to make certain they are appropriate for the bioretention area and that any trees in the area would 42 be able to handle the water that would be there. 43 44 Commission: 45 • In reference to the email, it appears the applicant has taken a responsible approach with regard 46 to the bioretention area. 47 • No other comments/concerns for this section. 48 49 Low Impact Development(LID) 50 The Commission asked the applicant to submit an exhibit that provides details about the proposed LID 51 improvements and provide information about the storm water treatment unit at the southwest corner of 52 the site. 53 54 Commission: MINUTES OF THE PLANNING COMMISSION March 14, 2012 Page 5 1 • Generally fine with the bioretention area shed map and the information provided as part of 2 attachment 1 (pages 1-13 to 1-20 and 1-46 of the February 8 staff report). 3 4 Commissioner poble: 5 • Has some concerns about the underground water treatment system, particularly about the use 6 of cartridges and their effectiveness. 7 • Not clear whether there is a process to not use a proprietary device and do more of the water 8 treatment on site with the landscaping. There is an extensive bioretention area given the sizing 9 calculations and information provided. 10 • Would like to make certain there is sufficient evaluation in using natural devices rather than a 11 proprietary device and if the last resort is a proprietary device such as a cartridge unit that it 12 meets the acceptable standards set forth. There is a significant amount of cost associated with 13 the application of a proprietary device. 14 • Has no knowledge where the City stands on requiring a maintenance plan for use of a 15 proprietary device for water treatment on site. 16 • It is apparent with above ground treatments whether or not they are being properly maintained, 17 but with an underground cartridge system and/or water treatment system it is not possible to 18 know whether it is being maintained and/or changed routinely. 19 • It is doubtful the City has the authority to require a maintenance program concerning filtering 20 units. The Regional Water Quality Control Board does have the authority to require a 21 maintenance program. The applicant will be required to provide a monitoring program for the 22 site with a construction permit as well as submit a maintenance plan. 23 • Other than his concern for a monitoring/maintenance plan, finds the proposal regarding LID 24 improvements acceptable. 25 26 Chair Pruden: Requested clarification if the LID improvements will be used in the new areas as opposed 27 to being used in the existing developed areas. 28 29 Commissioner poble: According to the calculations the Project Engineer has provided, all of the parking 30 lot is being treated. If this is true the applicant is actually treating more of the paved surface than would 31 technically be required. This aspect should be a consideration. 32 33 Commissioner Sanders: 34 Q1. Has the storm water mitigation plan been reviewed by the Regional Water Quality Board 35 since the design modifications were made and the EIR certified in reference to the 36 National Pollution Discharge Elimination System? 37 Q2. What agency has oversight responsibilities about proper maintenance of storm drain 38 filters and/or associated apparatuses and the disposal of cartridge filters in Mendocino 39 County? 40 41 Stanley Iverson: 42 A1. Acknowledged that significant changes have been made to the storm water treatment 43 plan and does not know if the permitting agencies have had the opportunity to review it. 44 When the grading/drainage plans and storm water management plan and/or water plan 45 are submitted typically a part of that pertains to maintenance that is required with the 46 plans. Often times maintenance agreements are required to be recorded that runs with 47 the property. A maintenance Agreement is a fairly standard procedure. A maintenance 48 agreement is typically on an annual basis and/or on the basis to what the manufacturer 49 recommends. 50 51 Staff: The revised plans and the relevant information included in the staff report for February 8 were 52 recently emailed to Mona Dougherty at the North Coast Regional Water Quality Control Board. Staff has 53 not received any questions/comments from this agency. 54 MINUTES OF THE PLANNING COMMISSION March 14, 2012 Page 6 1 Stanley Iverson: Retaining the front planter areas would make it possible to get more planter treatment 2 areas that would reduce the size of the cartridge filters used to capture pollutants further downstream. 3 One of the constraints with regard to use of the cartridge filters is the underground storm drain pipe that is 4 difficult to access. 5 6 Commission: 7 • Okay with the proposed LID improvements. 8 • No other comments/concerns. 9 10 20% Landscapinq Modification 11 The Commission asked the applicant to provide a site plan showing how the 20% landscaping coverage 12 could be achieved possibly with reduced parking, reduced building footprint, etc. and show what 13 compliance would look like with 20% landscaping coverage with calculations taking into account the pad 14 for the bus shelter and assuming 6-foot wide sidewalks. 15 16 The applicant proposed `GrassPave' to provide grass turf surfaces at the rear of the store in the fire lane 17 and for the `head-in' parking stalls along Airport Park Boulevard. The locations where GrassPave will be 18 used are shown on attachment 15, sheets SP-1 and L4.0. Counting these areas as landscaping would 19 increase the percentage of landscape coverage to 20.1°/a. The GrassPave would be tied into the irrigation 20 system for adjacent landscape areas. 21 22 The City Fire Marshall has reviewed the specifications for GrassPave and finds them acceptable. 23 24 Staff concerns regarding the use of turf grass for parking spaces is that in order for this area to be 25 counted as parking, the spaces need to be clearly delineated and identified as parking spaces. If this is 26 not accomplished and adequately maintained, the areas would not be used as parking. This could result 27 in the Project being functionally under-parked. 28 29 If the Commission accepts all of the GrassPave as landscaping, the Project would comply with the 20% 30 landscaping coverage requirement and no modification would be required. If the Commission does not 31 accept all of the GrassPave as landscaping, the Project would not comply with the 20% landscaping 32 coverage requirement and modification would still be required. 33 34 The applicant did not submit a reduced building footprint alternative for meeting the 20% landscape 35 coverage requirement. 36 37 Commissioner poble: 38 • GrassPave is a good product, but not sure how applicable it is for this Project. 39 • Is unable to consider it landscaping. 40 • GrassPave as landscaping is not acceptable. 41 • Given the large size of the property, there should be more landscaping, not less. 42 43 Commissioner Whetzel: 44 • Does agree with Commissioner poble that GrassPave should not be counted as landscaping. 45 Can see, however, where it can be used at the rear of the store in the fire lane access area. 46 • Does not agree GrassPave can be used for parking. 47 • The material can be used for temporary parking, parking for special events. This is what the 48 product is made for. 49 50 Chair Pruden: According to information regarding GrassPave, this material does not take 'wear and tear' 51 well. 52 53 Commissioner Sanders: 54 • GrassPave is very unsuitable for landscaping. MINUTES OF THE PLANNING COMMISSION March 14, 2012 Page 7 1 • Questions how well GrassPave would hold up from the wear and tear of vehicles with the number 2 of customers Walmart has daily. Too much wear and tear without proper maintenance could 3 create an unsightly parking lot. 4 • Supports the concept that landscaping be functional and aesthetically pleasing. 5 • Is not supportive that GrassPave count as landscaping. 6 7 Commissioner Brenner: 8 • It appears other projects have struggled with this same issue where this material has not been 9 allowed for sites that are much more constrained. 10 • Fails to understand the reason to allow the use of GrassPave for a site that has so much space 11 and for a material that is unsuitable for the Project. 12 • Ukiah does not view GrassPave as landscaping. Ukiah requires 20% landscaping coverage for 13 visual appearance purposes. 14 • The Walmart Expansion Project does not meet the 20% landscaping coverage requirement. 15 • Is concerned about attachment 5 that talks about how the applicant plans to make the parking 16 spaces visible by cutting the grass and using brick to keep clear of growth to remain visible. 17 • There is no reason to compromise on the landscaping requirements because the site has plenty 18 of room. 19 • There has been no attempt to compromise on the landscaping for the Project. 20 21 Chair Pruden: 22 • Concurs with the other Commissioners that GrassPave as a mitigation for the 20% landscaping 23 does not work for the Project. 24 • GrassPave would be suitable and a nice amenity for the fire access lane. 25 • Has observed Walmart stores in Florida that use a very hardy grass in a climate that rains a lot 26 and found the material is not thriving. 27 • Has concern whether or not GrassPave would be suitable for Ukiah's climate. 28 • Does not view GrassPave as a suitable substitute for landscaping and does not comply with the 29 20% landscaping requirement. 30 • Is of the opinion the Project must comply with the 20% landscaping coverage requirement, 31 particularly with a Project of such large size. 32 33 Commissioner Whetzel: Could consider using GrassPave for the sidewalks and count this as 34 landscaping. 35 36 Commission: 37 • It may be 20°/a landscaping is not enough for the Airport Industrial Park and the corresponding 38 percentage needs to be changed. There has been discussion that when looking at large 39 developments in the AIP, most visually appear to be under landscaped. 40 • The purpose of landscaping is for aesthetics and to be visible. What is the purpose of providing 41 landscaping at the rear of buildings when it is not visible? No one will see and/or enjoy that 42 section of landscaping proposed for the rear of the Walmart building. 43 • It would be an interesting test case to see how GrassPave does in the fire lane even though it 44 should not count as landscaping. GrassPave is an interesting choice as an alternative for paving 45 and it will retain what water there is in that area. It would provide a good test case of how grass 46 turf would work in an area of low traffic volume. 47 • It is likely more of an experiment at this juncture. 48 • Referred to page 4, line 34 that reads, `Use more tree planting strips in the parking lot rather than 49 tree planting wells' and noted the importance of this concept as an option. Additional tree 50 planting strips have not been proposed by the applicant. 51 • The landscaping strip in front of Walmart looks good, but it does not provide for sidewalks, which 52 has been a major complaint. There is no way to get into the store without walking on side roads 53 or driveways. As such, Walmart is required to provide sidewalks and with doing so a fair amount 54 of landscaping is lost. MINUTES OF THE PLANNING COMMISSION March 14, 2012 Page 8 1 • Using GrassPave for the sidewalks would most likely not be a material that would meet ADA 2 requirements. 3 • The site consists of 13 acres so it has sufficient space for landscaping. 4 • Acknowledged that the applicant did not submit a reduced building footprint alternative for 5 meeting the 20% landscaping coverage requirement as requested by the Commission. 6 7 STAFF ANALYSIS 8 9 General Plan 10 11 Chair Pruden: Discussion for this section will occur after discussion of the `AIP Ordinance 1098 12 Consistency' section. 13 14 Ukiah Municipal Airport Master Plan & Mendocino Countv Airport Comprehensive Land Use Plan (CLUP) 15 16 Staff: The Planning Commission determined the Project is consistent with the Airport Compatibility 17 Criteria included in Table 3 of the staff report for the November 9�h Commission meeting. No further 18 review or discussion is required. 19 20 AIP Ordinance 1098 21 22 Table 4 in the November 9t"staff report provides the AIP Ordinance 1098 consistency analysis. 23 24 At the January 25th Planning Commission meeting, the Commission determined the Project is consistent 25 with the requirements for minimum lot size, Maximum lot coverage, minimum building setbacks, and 26 maximum building height. 27 28 Staff requests the Commission talk about the following items: 29 30 Sidewalks 31 Staff: AIP Ordinance 1098 requires projects to provide a 5-foot sidewalk along the primary street and the 32 mitigation measures included in the EIR require the sidewalks to be a minimum of 6 feet wide and 8 to 10 33 feet wide where possible. The Project provides the required sidewalks as shown on the site plan. No 34 further discussion is required. 35 36 Bike Lanes 37 Staff: AIP Ordinance requires the Project to provide for a Class III bike route on Airport Park Boulevard 38 and the mitigation measures for the EIR require the Class III bike route on both sides of Airport Park 39 Boulevard from Talmage Road to Commerce Drive. EIR Mitigation measure 4.10c requires the Project to 40 provide a proportional share payment to extend the westbound Class II bike lane on Hastings Road to a 41 point just east of the of the start of the westbound channelization for the new westbound left turn lane at 42 the Hastings Road And South State Street intersection. The Project provides for this. No further 43 discussion is required. 44 45 Bicvcle Parkinq 46 Staff: 47 • Page 8 of the staff report addresses bicycle parking. Bicycle parking is based on the number of 48 vehicle parking spaces and the number of employees. Based on a total of 325 employees (240 49 existing plus 85 new), 33 parking spaces are required. Based on 612 vehicle parking spaces, an 50 additional 12 parking spaces would be required for a total of 45 parking spaces. For most 51 projects, a condition of approval is included requiring the location and number of bike parking 52 spaces to be shown on the plans submitted for the building permit. Since compliance with AIP 53 Ordinance 1098 bicycle parking is required as a mitigation measure and a standard condition of 54 approval for projects, the Project if approved would be consistent with this requirement and no 55 further discussion is required. MINUTES OF THE PLANNING COMMISSION March 14, 2012 Page 9 1 If the Commission has a preferred location for the bike racks, this should be discussed and included as a 2 condition of approval for the Project. 3 4 Commissioner poble: Asked about where planning staff is concerning the solar array for Walmart. Is 5 this for the existing building? Is it part of the Project or not?What is the scale?What is the configuration? 6 7 Staff: 8 • The solar building permit application was circulated to the City departments for comment and 9 review. 10 • Comments have been returned to the applicant asking for revisions to the plans. 11 • The concerns from a planning perspective is there is not enough details in the permit to be clear 12 that it is not visible from any public place. 13 • Staff is waiting for more information. 14 • The permit only covers the existing building. 15 • Understands the cost evaluation of the solar permit is $400,000. 16 • The solar building permit is not part of the Site Development Permit for the Walmart Expansion 17 Project and this may be a question for the City Attorney as to how the permit should be dealt 18 with. 19 • The building permit for the solar array does not affect the Expansion Project in any way or the 20 existing building. 21 22 Commissioner Brenner: 23 • The solar array does affect the discussion concerning building elevations for the Site 24 Development Permit depending upon the impact so from this standpoint the Commission should 25 understand the details of the solar array permit. The Commission has no information about the 26 solar array permit to make an informed consideration. Depending upon the nature of the solar 27 array, this could affect the design of the elevations concerning the Site Development Permit for 28 the Expansion Project. 29 • It would be nice to have a complete picture of what the plan is. 30 • Would like to have more information about the solar panels so it can determined whether or not 31 they need to be factored into the evaluation for the Expansion Project. 32 33 Staff: 34 • Staff did not request that information because the solar panel permit is for the existing building 35 and staff did not know about the solar panels until the applicant mentioned them at a previous 36 meeting. 37 • If the Commission wants to approve the Project, it may want to condition the Project to ensure the 38 solar panels are consistent with the design for the proposed Expansion Project. 39 • The information submitted for the building permit for the solar panels because there are for solar 40 panels must be clear that the solar panels are not visible from the public way. To verify this, 41 building sections, roof plan, and/or site lines may be required as part of the building permit plans. 42 • If the Commission wants to approve the Project and is concerned how the elevations could be 43 affected by the solar panels and if the panels are visible, more information would be needed or a 44 condition of approval could be applied to the Project that requires the panels not to be visible from 45 the public way. Do not know the height of the building parapet. 46 47 Commissioner poble: Is the Commission excluded from evaluating the solar array as part of the 48 proposed Expansion Project? 49 50 Attorney Rapport: 51 • Is of the opinion the applicant does not need a Site Development Permit for the solar array as 52 long as it is not visible. 53 • The solar array building permit will be reviewed and could be approved regardless of how the 54 Commission evaluates the Expansion Project. MINUTES OF THE PLANNING COMMISSION March 14, 2012 Page 10 1 • In the event an aspect of the solar array creates an impact for the Site Development Permit, the 2 Commission can request more information or at least impose a condition as part of the Site 3 Development Permit that the solar array shall not be visible. 4 5 Commissioner poble: Is not sure whether or not the Commission suggested this, but there was a lot of 6 discussion about skylights, solar, and various energy efficiency improvements within the Project. Then all 7 of a sudden the solar array pops up. Who is not talking to each other on one end of the Project to the 8 other? It would appear a $400,000 solar array being added to a building that is going through a Site 9 Development Permit application should be included in the application. Is of the opinion whether or not the 10 Commission has the authority to evaluate the solar array is a question worth asking. 11 12 Staff: 13 • Staff was not aware of any plan for solar panels until the Walmart representative brought it up at 14 a previous Planning Commission meeting. So if the Commission has that question, the 15 Commission should ask the applicant. 16 • A site development permit may be required for the solar panels proposed for the existing building 17 if they were visible from the public way. 18 19 Commissioner Brenner: The applicant did talk about energy conservation, skylights and solar panels, 20 but were unsure at the time about these amenities. 21 22 Commissioner poble: The Commission's concern is whether or not these amenities will happen if the 23 Commission does not approve the Project. 24 25 Chair Pruden: It sounds like regardless of the outcome of the Expansion Project, the solar panels will 26 move forward unless the process is dropped. 27 28 The Commission agreed some type of language should be included in the Project conditions of approval 29 to the effect that the solar panels are not visible. 30 31 Commission Brenner: Approval of the elevation would have to be the one that is proposed for the Site 32 Development Permit and not one that was potentially modified to accompany the solar array. 33 34 Chair Pruden: Noted if no one would be able to see the solar panels, they would not actually affect the 35 visual. 36 37 Commissioner Brenner: Does not mind `seeing it,' but this would require the applicant to come forward 38 and show what the plan would be. 39 40 Chair Pruden: It would not be the first time an applicant had to come back for a revision of the Site 41 Development Permit. The matter is essentially left with the possibility of adding a condition of approval for 42 the Site Development Permit. Flag this as a possible area for a Project condition. 43 44 Bicvcle Parkinq 45 Commission: 46 • It looks as though the only location provided by the applicant for bicycle parking is the employee 47 outdoor area. 48 • According to sheet SP-1A, bicycle racks are shown on the south and west elevations including 49 the outdoor employee area. 50 • From the Commission's perspective, the bicycle racks should be distributed on at least three 51 sides of the building. Obviously, they should not be installed in places where they could impede 52 pedestrians. 53 • 45 bicycle parking spaces are required and it appears from the site plan the applicant complies 54 with the requirement. 55 • Is okay with the parking locations as shown on the site plan. MINUTES OF THE PLANNING COMMISSION March 14, 2012 Page 11 1 • No other comments/concerns. 2 3 Signs 4 Staff: Asked the Commission if it agreed with staff analysis regarding signage included in the November 5 9t" staff report or if additional revisions were needed. If the Commission agrees with the staff analysis this 6 should be stated for the record and if not, this should also be stated for the record and why. 7 8 Commission: 9 • Table 4, page 30, in the November 9th staff report talks about the signage and says the signs are 10 in proportion and scale to the building and that the Project is actually`under signed.' 11 • The sign program appears to be modest based on the square footage allowed. 12 13 Commissioner Sanders: Expressed concern about the possible use of spot lights for advertising 14 purposes. 15 16 Chair Pruden: The aforementioned matter likely is related to lighting. 17 18 Commission: 19 • Agrees with staff analysis for signage. 20 • No other comments/concerns. 21 22 Staff: Requests the Commission provide comment and direction on the following for the record. 23 24 Vehicle Parkinq 25 Staff: The minimum number of parking spaces required for the Project is 612. In an attempt to comply 26 with the landscaping coverage requirement the applicant is proposing to use grass turf for 62 of the new 27 parking spaces. Staff has concerns that if the GrassPave parking spaces will not be recognized and used 28 as parking. If this is the case, the Project would be functionally under parked. 29 30 Commission: 31 • Not interested in expanding parking for the Project. 32 • GrassPave does not suffice for landscaping. 33 34 Commissioner Whetzel: 35 • GrassPave may be acceptable for the fire lane access area and/or for pathways instead of 36 concrete. 37 • GrassPave is an attempt to get permeable surfacing. 38 • It would appear GrassPave would be acceptable to walk on, not drive. 39 • There is a GrassPave and a type of Gravel Pave surfacing, the latter of which would be more 40 acceptable. 41 42 Chair Pruden: 43 • Questioned whether the use of grass turf is ADA compliant in terms of hard surface? 44 • Has concern that GrassPave is not hardy enough to take rigorous abuse. GrassPave has a 45 delicate surface. 46 • Cannot recall an instance for a project where an alternative permeable sidewalk surface counted 47 as landscaping. Sometimes this approach has been used as an amenity within the landscaping 48 as an aesthetic statement that pavers are more attractive than concrete. 49 50 Planning Director Stump: To his knowledge the Commission has not used an alternative material for 51 sidewalks for reasons GrassPave or the ground pave material would not likely be ADA compliant. 52 53 Chair Pruden: 54 • There are alternative materials for pathways and the like, but they are very specified. 55 • Is familiar with the application of compacted crushed gravel, decomposed granite for pathways. MINUTES OF THE PLANNING COMMISSION March 14, 2012 Page 12 1 Commission: 2 • No other comments/concerns. 3 4 Design Amenities 5 Staff: Design amenities are encouraged by AIP Ordinance 1098, but are not required for the Project. At 6 the request of the Commission, the applicant revised the Project to include an outdoor area for 7 employees as referenced in attachment 15, sheets 1, 2, and SP-1. 8 9 Commission: 10 • No comments/questions/concerns. 11 12 Architectural Design and Building Exteriors 13 Staff: Requests the Commission review the revisions and determine if the Project is consistent with Table 14 4, Architectural; Design and Building Exteriors requirements in the November 9`" staff report. The 15 applicant revised the Project as requested by the Commission and provided raised elevations that the 16 Commission reviewed at the February 8t" meeting. 17 18 A letter from TAIT and Associates, dated February 1, 2012 lists the Pro�ect revisions in response to the 19 Commission's requests for Project modifications made at the January 25t meeting. 20 21 Commission: 22 • Fine with the revisions made concerning architectural design and building exterior that were 23 addressed at the February 8`" meeting. 24 • No other comments/questions/concerns for this section. 25 26 Buildinq Location and Buildinq Orientation 27 Staff: Requests the Commission review the Project and the staff consistency analysis in the November 28 9'h staff report, Table 4. Building Location and Building Orientation. Building Location and Orientation is a 29 recommendation and not a requirement since the ordinance uses the word `should' instead of`shall.' The 30 Project does include quite a few pedestrian facilities that do not currently exist as shown on sheet, SP-1A. 31 The Commission did ask about solar opportunities for the building. 32 33 Commission: Acknowledged the November 9th staff report, Table 4, pages 22 & 23 talks about building 34 location/orientation. 35 36 Chair Pruden: The EIR called for 8 to 10 feet wide sidewalks where feasible and yet 4 foot widths comply 37 with ADA requirements. Is an applicant required through the EIR document to go with the larger size 38 sidewalk? It appears 5-foot wide sidewalks are the standard according to AIP PD Ordinance 1098. 39 40 Staff: AIP PD Ordinance 1098 requires projects to provide 5-foot wide sidewalks along the primary street 41 and the mitigation measures included in the EIR require the sidewalks to be a minimum of 6-feet wide for 42 the Project and 8 to 10 feet wide where feasible. Accordingly, 6-foot wide sidewalks are the minimum for 43 the Project and where possible the sidewalks are required to be 8-10 feet wide based on the EIR 44 mitigation measure. 45 46 Commission: 47 • No comments/concerns for this section. 48 49 Pedestrian Circulation 50 Staff: There was Commission discussion at the January 25th meeting regarding pedestrian access and 51 circulation. The applicant provided a pedestrian circulation plan (attachment 15, sheet SP-1A, Pedestrian 52 Facilities). The Building Official reviewed the Project for compliance with accessible paths of travel as 53 noted in attachment 7 of the staff report. Also, EIR mitigation measure 4.10-3d (attachment 4 of the staff 54 report) identifies the pedestrian circulation requirements for the Project which that are listed on page 10 of 55 the staff report for this meeting. 56 MINUTES OF THE PLANNING COMMISSION March 14, 2012 Page 13 1 The mitigation measures included in the EIR do not include crosswalks at the intersection of Airport Park 2 Boulevard and Commerce Drive. The EIR mitigation measures only require high visibility crosswalk 3 markings across driveway entrances to the Project. Public Works has indicated crosswalks would be 4 installed at this intersection as part of the signalization project planned for this intersection. Public Works 5 would be fine with crosswalks being installed at this intersection as part of the Walmart Expansion 6 Project. 7 8 Commission: 9 • Pedestrian circulation is adequate for the Project based on the Pedestrian Circulation Plan 10 provided and the inclusion of the relocation of the bus stop and shelter and the midblock crossing 11 as shown on attachments 14 and 15. 12 • The biggest concern was the interface with Commerce Drive. 13 • No other comments/questions/concerns for this section. 14 15 Buildinq Orientation 16 Staff: The Commission did not discuss this item at the January 25`" meeting. Building orientation is a 17 recommendation rather than a requirement since the ordinance uses the word `should' rather than `shall.' 18 19 If the Commission agrees with the analysis included in the November 9�" staff report, page 23, this should 20 be stated for the record. If the Commission does not, it should state this for the record along with the 21 reasons why. 22 23 There are two different sections in AIP PD Ordinance related to `Building Orientation.' Page 22 of Table 4, 24 building orientation, states `Buildings should include design elements oriented to pedestrian usage, such 25 as linked walkways and sidewalks.' In the analysis what was looked at next in Table 4 was `Building 26 Location' on page 22 that states, `the location of buildings shall be coordinated with other buildings and 27 open space on adjacent lots.' 28 29 Page 23 of Table 4, Building Location and Orientation, states, `Buildings should be sited to preserve solar 30 access opportunity, and should include passive and active solar design elements. Buildings should be 31 oriented to minimize heating and cooling costs. Buildings should be creatively sited to provide open views 32 of the site and surrounding environment. Buildings shall not be sited in the middle of large parking lots.' 33 34 All of these were analyzed separately since this is how the requirements are addressed in AIP PD 35 Ordinance 1098. 36 37 Commission: 38 • Acknowledged if `Building Orientation' is made a requirement, the associated wording would be 39 'shall.' 40 • The Commission has worked on the articulation of the building, particularly on the north and west 41 sides in order to enhance the design and provide more character. 42 • Fine with staff analysis that 'Building Orientation' is in substantial conformance with the AIP PD 43 Ordinance 1098. The Commission is not proposing to change the AIP PD Ordinance but rather is 44 approving the site plan to make certain the sidewalk width is 6 feet. 45 • No other comments/concerns for this section. 46 47 Screeninq (Storaae Areas, Loadinq Docks, etc,) 48 Staff: 49 • At the January 25t`' meeting, the Commission did not determine if the Project was consistent with 50 the screening requirement. The Commission requested the applicant consider planting Redwood 51 trees on the east side of the site to provide additional screening. The applicant will plant 52 additional trees in this area. The planting plan submitted for the February 8�h meeting includes the 53 planting of 10 Redwood trees at the southeast side of the site as shown on the planting plan, 54 sheet L4.0. Due to the width of the landscaped area and location and width of the bioretention MINUTES OF THE PLANNING COMMISSION March 14, 2012 Page 14 1 area, there may not be adequate space to plant more trees than are shown on the revised 2 planting plan or rows of trees as suggested by the Commission. 3 4 • Requests the Commission review the planting plan and determine if the revised landscaping plan 5 provides the screening requested and if the screening for the Project is consistent with the AIP 6 PD Ordinance screening requirements. 7 8 Commission: The Commission determined the Project was not consistent with the screening 9 requirements and discussed additional screening for the north and rear of the building. 10 11 Chair Pruden: How can more screening be accomplished for the north side of the building? 12 13 Commissioner Sanders: Reduce the footprint of the building. The purpose of adding more trees on the 14 north side of the building is for purpose of shading the parking lot. 15 16 Commission: 17 • The intent is to determine whether or not the changes made for screening conform to the AIP PD 18 1098 requirements. 19 • Additional trees were added to the southeast side of the building that includes 10 additional 20 Redwood trees. 21 • It would be beneficial to show the potential elevation and/or the spread of the trees for a 10-year 22 period. 23 • It is important regarding the landscaping that the trees not be allowed to be `limbed-up' so as to 24 retain their natural growth patterns. 25 • If feasible, add more trees to the north side of the building. This would be a way to mitigate the 26 mass of the building in addition to providing shade to the building and parking lot. 27 • It makes sense to screen the building from the freeway. 28 • Talked about sheet L4.2, Shade Calculation Exhibit where there was discussion about the 29 addition of landscaping and questioned whether or not one planter bulb-out is required for every 30 four spaces because this does not occur on the north side of the parking lot. No planter strips are 31 proposed, only tree wells. 32 • Sheet L4.2 shows four circles shading the area. The plan shows two bulb-outs and the applicant 33 is proposing trees on the grass side for the other parking spaces. 34 35 Staff: Clarified that the parking being referred to is existing and is not being changed. The applicant is not 36 required to make changes to the existing parking lot in order to comply with the current requirement for 37 one planter strip every four parking spaces or for shading. There are two additional trees proposed in this 38 location in an effort to provide more shade for the parking lot. 39 40 Commission: 41 • Reviewed sheet L4.0, planting plan, to address existing vegetation. It was pointed out the plan 42 identifies new and existing shrubs. Shrubs do not do much in the way of providing shade. 43 • The planting legend does not identify the height of the vegetation, which would be helpful to 44 better understand shade coverage. 45 • The Planting Plan does show a hedge that is included in the shrub list; do not know the height of 46 this shrub. 47 • Would like to refer to `Sunset — Western Garden Book' at the break to review the height of the 48 shrub species identified in the Planting Plan. 49 • It is more important to pay attention to the tree species as opposed to the shrubs because it is the 50 trees that are pruned too heavily and provide the shading and screening. 51 52 Chair Pruden: The aspect of screening for the north side of the property has not been fully resolved. 53 54 Commission: MINUTES OF THE PLANNING COMMISSION March 14, 2012 Page 15 1 • Screening is adequate for the Project, except for the northern portion of the site where the 2 screening is insufficient and a lack of shade is provided for the northern portion of the site. The 3 adequacy of screening for the northern portion of the site has not completely been resolved. 4 • No other comments/concerns in this section. 5 6 Li htin 7 Staff: At the January 25t" Commission meeting, the Commission discussed lighting but did not indicate if 8 it agreed with staff analysis included in the November 9th staff report, Table 4, page, 24, lighting. In order 9 to ensure the Project would be consistent with the AIP lighting requirement a condition of approval would 10 be applied to the Project. EIR mitigation 4.1-2 would also help make certain Project lighting is consistent 11 with this requirement. Attachment 4 of the staff report for this meeting regarding impact 4.1-2, states 12 'Implementation of the Project may create a new source of substantial light or glare which would 13 adversely affect daytime or nighttime views in the area.' The associated mitigation measure for this 14 impact reads, `All outdoor light fixtures shall be located, aimed or shielded so as to minimize stray light 15 trespassing across property boundaries. Fixtures shall be full cut-off and nighttime friendly, consistent 16 with LEED goals and Green Globes criteria for light pollution reduction. The Project applicant will be 17 required to prepare a photometric plan demonstrating that lighting will not spillover onto adjacent 18 properties. Furthermore, the Project will adhere to all City regulations relating to signage and the shielding 19 of light in order to reduce any potential negative effects from new light sources (see building code 20 sections 3225-7). These standards shall be included in the Project conditions of approval as well as the 21 mitigation monitoring and reporting program.' 22 23 Commission: 24 • The height of the light poles in the parking lot was the subject of discussion during public 25 comment on the Project. 26 • There was testimony given that the lights should be above the tree canopy, but there is absolutely 27 no reason they cannot be below the canopy. 28 • The trees will have to be `limbed up' high enough to provide clearance for trucks and other like 29 vehicles. 30 31 Commissioner Sanders: Referred to AIP PD Ordinance 1098 for lighting which states, `Tall lighting 32 fixtures that illuminate large areas shall be prohibited.' What does tall lighting mean? 33 Is a 39-foot pole considered a tall lighting fixture? Asked about the wattage per pole? 34 35 Staff: This lighting section referred to applies to projects with mixed-use/light industrial zoning. The 36 Project is zoned Retail Commercial so this lighting section does not apply. 37 38 Commission: Is the lighting proposed the post with the box lights? 39 40 Staff: The plan for lighting is to retain their existing light poles and change the number of fixtures on the 41 poles. If the height of the poles is reduced, more light poles and fixtures would need to be installed. The 42 higher the fixture, the more ground area that is covered. Staff recommends the Commission discuss the 43 proposed lighting with the applicant. 44 45 Commissioner Brenner: Does the applicant plan to use high pressure sodium or metal halide for 46 lighting? 47 48 Staff: Understands the lighting to be LED. 49 50 Stanley Iverson: 51 • With regard to the existing light fixtures and poles, the lighting heads on top of the poles will be 52 replaced with 1000-watt metal halide lighting compared to the 400-watt metal halide lighting that 53 is existing. The proposed lighting for the parking lot is just to increase the wattage. 54 55 Chair Pruden: Is of the opinion the proposed wattage is too high. 56 MINUTES OF THE PLANNING COMMISSION March 14, 2012 Page 16 1 Commissioner Brenner: Supports switching from metal halide to high pressure sodium for the lighting 2 and inquired whether or not this is feasible? 3 4 Stanley Iverson: 5 • High pressure sodium is not preferred. 6 7 Chair Pruden: According to the City Utility Director, within approximately three years there is only a 30% 8 reduction for the high pressure sodium lighting compared to a 60% reduction for the metal halide lighting 9 that only shines at 40°/o after about three years. 10 11 Commissioner Sanders: For the first three years, it will be very bright out there in the Walmart parking 12 lot. 13 14 Commissioner Brenner: 15 • Would like the Commission to consider changing from metal halide to high pressure sodium for 16 the lighting in order to better protect the night sky from light pollution. High pressure sodium is a 17 more efficient fixture that has a better filtration ability. 18 • Supports protecting the night sky from bright light impacts. 19 20 Chair Pruden: Believes the lighting specifications indicated the proposed lighting for the Project is 21 International Dark Sky Association compliant. 22 23 Commissioner Sanders: The EIR with regard to `aesthetics' identified Impact 4.1-2:Implementation of 24 the Project may create a new source of substantial light or glare which would adversely affect daytime or 25 nighttime views in the area. The impact is considered potentially significant. 26 27 Commissioner poble: Inquired about the mitigation measure for this lighting impact. 28 29 Staff: It is Mitigation measure 4.1-2, All outdoor light fixtures shall be located, aimed or shielded so as to 30 minimize stray light trespassing across property boundaries. Fixtures shall be full cut-off and nighttime 31 friendly, consistent with LEED goals and Green Gloves criteria for light pollution reduction. The Project 32 applicant will be required to prepare a photometric plan demonstrating that lighting will not spillover onto 33 adjacent properties. Furthermore, the Project will adhere to all City regulations relating to signage and the 34 shielding of light in order to reduce any potential negative effects from new light sources (per Building 35 Code Section 3225-3227). These standards shall be included in the Project conditions of approval as well 36 as the mitigation monitoring and reporting program. 37 38 Commissioner poble: Is reluctant to change the height of the lighting poles in the parking lot. 39 40 Commissioner Whetzel: Would like to see a wattage comparison relative to the lighting fixtures in terms 41 of electrical usage and conservation. 42 43 Stanley Iverson: 44 • Approves of LED lighting systems in terms of energy efficiency. The trend for Walmart stores is 45 to switch to LED lighting. 46 • LED lighting will work at 39 feet. 47 48 Commissioner poble: 49 • Is the concern more about the light casting outward or energy usage/efficiency? 50 • Requested clarification there is no conflict with the lighting proposed. 51 • Lighting for the Project should give thought to the standard in the mitigation measure. 52 53 Commissioner Whetzel: 54 • There are different light spectrums with regard to the LED, high pressure sodium, and metal 55 halide lighting systems. MINUTES OF THE PLANNING COMMISSION March 14, 2012 Page 17 1 • There is LED lighting available that provides the necessary light but does not cast the same glare. 2 • Potential impacts are about the magnitude of light wave lengths and the spectrum of light that are 3 produced. 4 5 Chair Pruden: Is more concerned about the glare. Walmart is responsible for the electrical bill so the 6 store would probably go with a lighting system that is affordable. However, glare is an issue. 7 8 Commissioner Brenner: 9 • Is also concerned about the issue of glare. 10 • The element of saving energy is always a good `mindset to be in' regardless of who is paying the 11 bill. 12 • Is open to a compromise to the lighting if this is necessary. 13 14 Commissioner Whetzel: 15 • Preference is LED lighting. There are blue and white LED lighting. 16 • If the right lighting were proposed, has no problem with the height of the pole. 17 18 Chair Pruden: 19 • The Project can be conditioned to this end if this is the consensus of the Commission. 20 • Is of the opinion should there be a canopy on the parking lot trees. Would like to see the pole 21 height reduced to provide lighting under the tree canopy as opposed to having lighting over the 22 top of the trees. 23 24 Commissioner poble: Does not have sufficient information about what the height of the poles should be 25 in terms of making an informed decision. 26 27 Chair Pruden: It will take time for the trees to produce an adequate canopy so it is not known what the 28 lighting technology will be at that time. It could be completely changed. 29 30 Staff: At the January 25'h meeting, the Commission indicated that the 39-foot poles were acceptable. 31 32 Commission: 33 • Made a note to possibly condition the Project for LED lighting. 34 • Pole height is acceptable. 35 36 Tree Removal 37 Staff: At the January 25th Commission meeting, the Commission requested clarification on the trees that 38 would be removed. An errata sheet was prepared for the Final EIR, attachment 8 of this staff report. The 39 landscaping plans for the Project are consistent with this erratum except: 40 1. Faxinus v. Raywood: 6 to be removed on the revised Planting Plan and 3 to be removed on the 41 EIR errata table. 42 2. 161 trees to be planted on the revised Planting Plan. 155 trees to be planted on the EIR errata 43 table. 44 This results in the removal of 111 trees and the retention of 110 trees. Of the 111 trees to be removed, 50 45 are Olive trees in the parking lot that would be replaced with a more appropriate species. Approximately 46 32 additional trees are being removed at the front of the building due to the grading required to provide an 47 at-grade entry in this area as provided for in attachment 15, sheet L3.0, Landscape Demolition Plan. Due 48 to the amount of the changes in grade in this area, it does not appear to be feasible to retain these trees. 49 Of the 20 Oak trees on the site, two would be removed. 50 51 Commission: 52 • Already discussed the fact that the Commission wants to retain the existing Flowering Plum trees 53 on the east side of the parking lot. 54 MINUTES OF THE PLANNING COMMISSION March 14, 2012 Page 18 1 Commissioner Sanders: Recommends creating a condition of approval that requires all trees being 2 retained be fenced in and that there is associated signage during construction. 3 4 Chair Pruden: Understands the aforementioned is a construction requirement so as to provide for root 5 safety for existing trees during construction. 6 7 Staff: The standard condition for tree protection which includes fencing and signage would be applied to 8 the Project. 9 10 Commission: 11 • No other comments, questions, concerns for this section. 12 13 Landscapinq 14 Staff: Requests the Commission review the Project and the staff consistency analysis for the AIP 15 landscaping requirement included in the November 9`h staff report, Table 4, pages 26-29 with the 16 exception of the requirement for 50% shade coverage at 10 years and 20% landscaping coverage of the 17 gross area of the parcel since the applicant has requested a modification to these requirements . 18 19 Commission: 20 • No comments. 21 22 Landscapinq Modifications 23 Staff: The applicant is requesting approval of a modification to the 50% shade coverage requirement at 24 10 years and the requirement to provide landscaping coverage of 20% of the gross area of the parcel. 25 26 50% Shade Coverage. At the January 25�h meeting, the Commission indicated it agreed with the 27 applicanYs request for a modification to the requirement to provide 50% shade coverage within 10 years 28 of planting. The findings associated with approving this modification are provided for on page 12 of the 29 staff report for this meeting. If the Commission agrees with the analysis for granting the modification, it 30 should state this for the record or if the Commission has different and/or additional basis for granting the 31 modification, it should state this for the record. 32 33 Chair Pruden: With regard to the 50% shade coverage requirement, cannot recall any commercial 34 project that was able to meet the City's current standard of providing for 50°/a shade coverage using the 35 10-year canopy calculation. 36 37 Staff: The City has been using the City of Davis standard model of using a 15 year tree canopy when 38 calculating shade coverage to grant relief to projects from the existing standard since the City of Davis 39 has a climate similar to Ukiah's. Accordingly, the tree canopy will typically double in size between 10 40 years and 15 years, making the 15 year stand a more reasonable standard for calculating shade 41 coverage. Past projects subject to the existing shade coverage requirement of being able to provide the 42 50% shade coverage within the 10 year time frame have not been able to comply with this standard. 43 44 Staff asked the applicant to use the City of Davis standard to demonstrate if they could provide 50°/a 45 shade coverage in 15 years. The Walmart plans demonstrate that they actually exceed the shade 46 coverage requirement using the 15 year calculation when essentially they are only required to meet this 47 requirement for the new parking lot, but because they are retrofitting the existing parking lot with more 48 trees the City of Davis standard applies. 49 50 Commission: 51 • With regard to the 50°/o shade coverage requirement, agrees with the analysis for granting the 52 proposed landscaping modification in this regard until which time this section of the City Code is 53 updated to a realistic standard. 54 55 20% Landscaping Coverage. At the January 25�h meeting, the Commission indicated it would like the 56 Project to comply with the requirement to provide 20% landscaping coverage of the gross area of the MINUTES OF THE PLANNING COMMISSION March 14, 2012 Page 19 1 parcel. The Commission requested the applicant provide a site plan showing how the 20% landscaping 2 coverage could be achieved i.e., reduced parking, building footprint etc. and show what compliance would 3 look like with 20°/o landscaping coverage with calculations taking into account the pad for the bus shelter 4 and 6-foot wide side sidewalks. In order to meet the 20% coverage requirement, the applicant proposed 5 to install grass turf areas for the fire lane at the rear of the site and the 62 new parking spaces along the 6 Airport Park Boulevard frontage. 7 8 If the Commission accepts GrassPave as landscaping, the Project would meet the minimum 20% 9 landscaping coverage requirement and no modification would be required. 10 11 If the Commission does not accept all of the proposed GrassPave as landscaping the Project would not 12 be consistent with the landscape coverage requirement and a modification would be required. 13 14 Staff: Another alternative would be to reduce the square footage of the addition which would result in the 15 need for fewer parking spaces. The applicant has not provided a reduced footprint alternative. A reduced 16 building footprint alternative was included in the EIR, attachment 9 of the staff report for this meeting. 17 18 Commission: 19 • Has already determined the 20% landscaping coverage is a Project requirement. 20 • No other comments/concerns for this section. 21 22 Desiqn Guidelines for Proiects Outside the Downtown Desiqn District 23 Staff: Table 5 of the November 9 staff report includes staff analysis of the Project's consistency with the 24 Design Guidelines for Projects Outside the Downtown Design District. At the January 25t" Commission 25 meeting, the Commission did not discuss consistency with these guidelines. Staff requests the 26 Commission state for the record whether or not it agrees with the analysis and why if it disagrees. 27 28 Commission: 29 • Does not agree the Walmart building will stand the test of time. It is common for buildings in 30 shopping centers after 20 years to get refurbished to a more updated look. 31 • The design is acceptable with the revisions made by the applicant as shown on the revised 32 elevations provided at the February 8, 2012 and March 14, 2012 meetings. 33 • The Project meets the design standards for what is being asked for. 34 • The building and corresponding design is compatible with surrounding building in the area. 35 • There are design features that enhanced the building articulation with the revisions made by the 36 applicant as shown on the revised elevations provided at the February 8, 2012 and March 14, 37 2012 meetings. 38 • The Project is consistent with the Design Guidelines for Projects Outside the Downtown Design 39 District. 40 41 General Plan 42 Staff: 43 • In certifying the EIR, it was the decision of the Commission the Project is consistent with General 44 Plan goals and policies included in the EIR. Table 2 in the staff report for November 9 contains 45 all of the goals and policies provided for in the EIR with the exception of Goal ED-1: Support a 46 strong local economy. 47 • Table 2 was revised from the table included in the EIR to identify certain goals/policies as 48 'Program Level Goal/Policy.' Goals/policies identified in this manner are those that are intended 49 to be applied and/or implemented at a higher program level rather than on a project by project 50 basis. 51 • Since goals GP-1 and GP-2 are not related to potential physical impact that may result from the 52 Project, a consistency determination was not required or made a part of the EIR. 53 • Planning Commission may determine that these goals apply to the Project in which case the 54 Commission should discuss whether or not the Project is consistent. 55 • Requests Commission discussion and direction regarding consistency with the following: MINUTES OF THE PLANNING COMMISSION March 14, 2012 Page 20 1 2 o Goal ED-1: Support a strong local economy. 3 o Goal GP-1: Promote, attract or assist in developing businesses, particularly those that 4 add value to resources already found or processed in the Ukiah Valley. 5 o Goal-2: Promote business development, emphasizing local ownership of businesses in 6 order to keep capital growth within the community. 7 8 Break: 7:45 p.m. 9 Reconvene: 7:55 p.m. 10 11 Commissioner Sanders: Has questions regarding the issue of traffic. 12 13 Chair Pruden: The issue of traffic is not part of the Site Development Permit. 14 15 Chair Pruden: 16 • Spent four years working on the City's current General Plan. 17 • Was so active in formulating 4 goal elements in the General Plan document, three of which she 18 produced. Economic Development was not one of those elements. 19 • Is familiar with the intent of the General Plan. 20 • What was interesting was revisiting the City's Vision Statement and could not find where the 21 community had changed its thought process in 20 plus years as to what we want to occur in the 22 Ukiah Valley as a community. The values, the quality of life issues are the same. 23 • The General Plan is a remarkable testimony to this particular governing document that we still 24 view our valley in the same way and have the same desires that had been identified for economic 25 development. Some of the community desires are high paying jobs, that manufacturing jobs pay 26 about 2.5 times more than service or retail jobs, provide for a wide variety of all different skill 27 levels, and allow for more, better paying jobs. Allowing for more better jobs was emphasized 28 through both the General Plan vision and through economic development. 29 • Part way through the General Plan process, Walmart came forward with its discretionary review 30 application for the existing the store. The Project was very controversial for the community. 31 • The community was almost split right down the middle whether or not the store should be 32 allowed. 33 • Since the last meeting regarding the Walmart Expansion Project did some statistics and found 34 that after more than 56 persons spoke at the public hearing more of the statements made were 35 3:1 not in favor of the Project. Most of the negative aspects dealt with the quality of life issues. 36 • After further review of the Project and the information provided, has concerns about the Project. 37 • The Project is not just about adding square footage to the existing store. 38 • Would not view the Project in the same way if the intent was to do more of the same, but Walmart 39 is actually proposing a food section. Expressed great concern that this Project is not consistent 40 with the General Plan in terms of local ownership and resources that are found and processed in 41 the Valley in that particular area. 42 • Is not convinced the proposed Site Development Permit is compatible to what the community had 43 envisioned for the General Plan with the three goals listed on page 7 of the staff report for this 44 meeting. 45 46 Commissioner Brenner: 47 • Most affected by the January 25th Commission meeting public testimony from two submittals 48 from stores that were in jeopardy of potential closing per the Final EIR and also the economic 49 fiscal report. One of the stores was Lucky Supermarket and the other the Grocery Outlet. 50 • Is of the opinion the Site Development Permit Walmart Expansion Project is not consistent with 51 the Ukiah General Plan with regard to Goal ED-1, Support a strong local economy. 52 • Listened to the points of view from the managers of Lucky Supermarket and Grocery Outlet. 53 • Per the Final EIR, `Ukiah could lose two local grocery stores, Lucky Supermarket and the 54 Grocery Outlet.' Lucky manager, Mark Poston said they were tremendously worried because the 55 store is currently operating on a break-even level and cannot afford to operate at a loss MINUTES OF THE PLANNING COMMISSION March 14, 2012 Page 21 1 anticipated with the Walmart Expansion that would service groceries. Lucky currently has 62 2 employees where the average rate is $25 per hour and factor in the health benefits. Health 3 benefits include medical and dental/vision and the jobs are union supported. Tracking this would 4 show what the impacts of those employees potentially losing their jobs would be. Of the 62 5 employees, 17 that were talked to owned homes, 15 of those persons stated losing their jobs 6 would severely impact their ability to pay their mortgage. 7 • Cannot justify adding another grocery store and have 'my neighbor lose his house' in the 8 process. 9 • The same was true for the Grocery Out that currently has 31 employees, 27 employees with an 10 average wage of $12 per hour with profit sharing. There is the possibility that these employees 11 would lose their jobs with the Walmart Expansion Project. Quite a few of the employees in 12 discussions with the store manager regarding housing and such indicated they would be able to 13 maintain their housing on government assistance and unemployment, but loss of job would put 14 tremendous ability on them to pay the rest of their responsibilities. When this is factored in and 15 two stores are lost and the possibility of anywhere between 65 and 90 jobs lost this beats 16 whatever Walmart is going to hire. Does not see the balance there and sees a net loss. 17 • Is it worth approving the Expansion Project when the report indicates Walmart will probably only 18 raise $27,000 in revenue annually? 19 • Is of the opinion approval of the Walmart Expansion Project would not be worth the potential 20 negative impacts to the local economy that would result. 21 • The grocery stores that go out of business will not be readily and/or easily re-tenanted. 22 • No new grocery store will come to town with Walmart having a grocery component. According to 23 Lucky and Grocery Outlet, Walmart operating as a grocery store would pretty much eliminate any 24 competition from entering into the market. 25 • This community has the potential of losing its diversity, which is very important to keeping a 26 thriving local economy. 27 • Does not support approval of the Major Site Development Permit because the Project is not 28 consistent with the Ukiah General Plan. 29 30 Commissioner Sanders: 31 • Does not support the expansion of Walmart and likes what we have now as far the current 32 building footprint. 33 • If the Site Development Permit is approved, employees from other stores that are currently 34 making good wages and have good benefits could lose their jobs, as well as their tenure. Many of 35 the employees in the grocery stores that potentially would go out of business have been there for 36 a long time. 37 • Approval of the Walmart Expansion Project would also take away attraction to the Downtown in 38 that people come off the highway go to Lucky and then head west to the Downtown area. If Lucky 39 goes out of business, the Downtown will lose some of this traffic having an economic impact on 40 the businesses in the Downtown area. 41 • The community has already lost the Post Office and this was a draw that brought people to the 42 historical Downtown area. 43 • People are now getting into their vehicles and heading south so if this community loses the Lucky 44 grocery store, people are going to take their trade to the Airport Business Park. 45 • It is important we keep our powntown because it is a part of our community. 46 • Does not see that the Walmart Expansion Project will increase employment opportunities for our 47 community. 48 • Is concerned about the issue of how Ukiah Police Department is going to effectively service the 49 area when they are `already maxed out.' According to a recent article in the Ukiah Daily Journal 50 an officer responds to 1,200 calls per year and to add to this number by having to respond to calls 51 for an expanded Walmart in an area that already has increased service calls would further hinder 52 the Ukiah Police Department ability to protect citizens. The money the Walmart Expansion would 53 contribute is so small compared to what would be asked of local law enforcement to take care of 54 in the Airport Industrial Park. MINUTES OF THE PLANNING COMMISSION March 14, 2012 Page 22 1 • The Expansion Project will not result in increased employment. It will affect services as to what 2 can realistically be provided. 3 • Is concerned how the Expansion Project would impact families such as those that reside in the 4 Wagonseller Neighborhood and on Orchard Avenue that are going to be affected should grocery 5 stores go out of business. There is a substantial amount of subsidized housing in these 6 neighborhoods. People rely on the Lucky grocery store because it is centrally located and 7 convenient, particularly for those persons in the surrounding neighborhood that may not have 8 vehicles and/or that have a disability and rely on wheelchairs to get around. 9 • Is of the opinion the Expansion Project is not going to meet the needs of the community. 10 11 Commissioner poble: Is not certain how to proceed with his comments. From what he has heard from 12 the other commissioners are we talking not only about consistency with the Ukiah General Plan, but 13 rather some reasons that touch on the issue of Statement of Overriding Considerations? 14 15 Chair Pruden: Commissioner Sanders commented on the potential for increased costs for call-out 16 services by the Ukiah Police Department for the Walmart Expansion Project in that it does not comply 17 with general plan Goal ED-1 in support of a strong local economy if the cost to the community is more 18 than the gain. In other words, the Walmart Expansion Project may not be the `strong contributor this 19 community is looking for.' 20 21 Commissioner poble: 22 • While adding jobs does support a strong local economy, it does not at the potential expense of 23 higher wage jobs. 24 • Cannot support that the Project conforms to general plan goal ED-1. 25 • If the population could support an additional grocery store without affecting the other stores or if 26 the wage disparity was not so great, as well as be able to point that the 85 new jobs to be 27 potentially created were a `real number' could change his opinion as to whether this Project 28 supports a strong local economy. 29 30 Commissioner Whetzel: 31 • With regard to whether or not the Site Development Permit supports a strong local economy, the 32 Project does propose an increase in new jobs. 33 • Most people are set in their ways when it comes to shopping. People are not going to change 34 their shopping habits just because Walmart sells groceries. People who shop at Lucky or 35 Safeway will continue to do so because that is what they do. 36 • Will not change his shopping habits just because Walmart is selling groceries. 37 • Is the concept of`support a strong local economy' solely based on the premise that a project must 38 make a financial contribution to the community or can it be an economy benefit in some other way 39 such as working with the community, making donations to community causes. In this way, the 40 Walmart Expansion Project does support a strong local economy. 41 • Still has some reservations about the proposed Project size since a site plan of what the Project 42 would look like with a reduced building footprint or parking lot in order to comply with the 20% 43 landscaping coverage requirement has not been provided and this information could make a 44 difference. 45 46 Chair Pruden: The establishment of General Plan goals, Goal ED-1 and Goals GP-1 & 2 are somewhat 47 reactionary. The intent was not to encourage/introduce the phenomena of big box retail stores into the 48 Ukiah Valley. 49 50 Commissioner poble: 51 • Whether or not a project is consistent with the economic goals/policies of the General Plan comes 52 down to the market area. 53 • Is of the opinion, if the existing marketing area is being expanded significantly, this carries a lot of 54 weight in drawing shoppers to the community that would not ordinarily be here. Is not seeing that 55 this will occur from the documents, reports, studies/analysis and public records for this Project. MINUTES OF THE PLANNING COMMISSION March 14, 2012 Page 23 1 • Also, does not see real evidence concerning public record to what Commissioner Whetzel has 2 said about the Project creating new jobs and providing for community benefits in other ways from 3 what he has read, listened to and sat through that supports the theory the Project is consistent 4 with General Plan Goal ED-1. 5 6 Chair Pruden: The majority of the Commissioners are going to have trouble finding that the Project 7 supports the Ukiah General Plan. 8 9 Commissioner Whetzel: 10 • When looking at Goals GP-1 &2, is of the opinion this is pertains more to City and/or County staff 11 to promote businesses. 12 • The matter of promoting, attracting or assisting in developing businesses is a function of 13 government. It is not the responsibility of individual projects or businesses. 14 15 Chair Pruden: The goals were written as a community responsibility. Goal ED-1 in context with the City's 16 Mission Statement all the supporting language is to try and adequately maintain our historical Downtown. 17 The corresponding implementation measures are designed just for this purpose out of concern Ukiah 18 would lose its historical Downtown to perimeter developments and big box stores. 19 20 Commissioner Whetzel: Having seen what goes on in the Downtown with the changes and turnover of 21 tenants for buildings that are vacant, is it Walmart's and/or the community's responsibility to see this does 22 not occur by not allowing development outside the Downtown core? 23 24 Commissioner poble: 25 • Is of the opinion nothing is being taken away from the applicant with this finding that the Project is 26 not consistent with General Plan goals. 27 • However, if the Commission moves forward there is the possibility we are taking away from other 28 significant businesses. 29 • The safest approach to take at this point is to look at the fact that Walmart can sell groceries 30 within their existing footprint. Walmart is doing very well at its current footprint. We are not taking 31 away what currently exists for Walmart. 32 • What is simply being said is that the potential benefits for addition of the square footage do not 33 outweigh the potential impacts. In all truthfulness, the original benefits keep getting smaller and 34 smaller. 35 36 Commissioner Whetzel: Regarding wages, not all grocery workers make high salaries. Grocery store 37 baggers probably make close to minimum wage. 38 39 Chair Pruden: What the Commission has heard from the community is Walmart as it currently exists 40 appears to be a good neighbor, function within the community, and even people that are not particularly 41 strong Walmart shoppers said they could live with Walmart the way it is now. We know, as it currently, 42 stands, Walmart functions fine within the community. Whether or not this Project is approved, no Walmart 43 jobs will be lost. Walmart's funding stream will stay the same and they will continue as they have been. 44 We know Walmart fits and how it works in our community. 'The question is, are we hitting a tipping point?' 45 46 Commissioner Brenner: 47 • There is a lot to be said about economic diversity. Is of the opinion this economic diversity would 48 be lost with the Project. 49 • The EIR indicated that between 65 and 90 jobs could be potentially lost with the Project. How 50 many homes could potentially be lost with these numbers? This is a big deal. Is it worth all of this 51 for a $20,000 monetary gain? 52 • So much time and energy has been given to try and create these `green' walkable communities 53 so it would be a big deal if the Lucky grocery store were to close because this is actually one of 54 the few signature walkable communities we have. Lucky exists in a shopping mall that is 55 accessible by foot. There is also a McDonald's restaurant close by. The potential loss of Lucky MINUTES OF THE PLANNING COMMISSION March 14, 2012 Page 24 1 grocery store would be a huge impact. Again, we cannot re-tenant spaces readily like what was 2 suggested in the EIR using Oakland as an example. Is of the opinion it was ludicrous to suggest 3 that re-tenanting can occur. We do not have the urban numbers. Having to re-tenant Lucky 4 grocery store would be difficult. All of the aforementioned concerns are worthwhile considering. 5 The Commission must understand what the balance should be when it introduces projects to the 6 community and what the balance would be afterwards compared to where it was before. If the 7 Commission tips it to a negative, we start the process of providing for a `slippery slope.' 8 • The Project is not consistent with our General Plan goals/policies. It is just not possible to 9 compete with Walmart. 10 • The exiting Walmart exists has created a balance and this is fine. This balance should be 11 respected because if the store is upgraded there are only so many `pieces of the pie' to go 12 around in terms of business for grocery stores. If one store consumes most of pieces what is 13 everyone else going to do? 14 15 Chair Pruden: 16 • It appears the majority of the Commission is having trouble coming up with findings that the 17 Project supports the Ukiah General Plan. 18 • Commends the applicant for responding positively to the Commission's requests concerning the 19 physical aspects of the building that reflects what the Commission would like to see if the Project 20 were to move forward. 21 • However, the issue of Project consistency with the General Plan is a `stumbling block' at this 22 point. 23 • Recommends discussion of the Statement of Overriding Considerations that requires a look at 24 the Project as it relates to employment, tax base, public safety, traffic issues, diversion, and other 25 related Project issues. 26 27 Commission: 28 • No other comments/questions/concerns for this section. 29 30 Site Development Permit 31 Staff: Commission should continue its review of the Site Development Permit. The Planning Commission 32 has not had an opportunity to deliberate on the ProjecYs consistency with the findings required in order to 33 approve a Site Development Permit in Table 7: Site Development Permit Analysis of the November gt" 34 staff report beginning with the third box on page 36. If the Commission agrees with the analysis, it should 35 state this for the record and if not, state this for the record and why. 36 37 Findin : The location, size, and intensity of the proposed project will not create a hazardous or 38 inconvenient vehicular or pedestrian traffic pattern with the modified site plan. 39 40 Commission: 41 • Agrees with staff's analysis included in the November 9, 2011 and March 14, 2012 staff reports 42 with the revisions made to the Project for the relocation of the bus stop and the mid-block 43 crossing shown on attachment 14 and based on the Pedestrian Circulation Plan submitted by the 44 application and included in attachment 15. 45 46 Findin : The accessibility of off-street parking areas and the relation of parking areas with respect to 47 traffic on adjacent streets will not create a hazardous or inconvenient condition to adjacent or surrounding 48 uses. 49 50 Commission: 51 • Agrees with staff's analysis included in the November 9, 2011 staff report. 52 53 Findin : Sufficient landscaped areas have been reserved for purposes of separating or screening the 54 proposed structure(s) from the street and adjoining building sites, and breaking up and screening large 55 expanses of paved areas. MINUTES OF THE PLANNING COMMISSION March 14, 2012 Page 25 1 2 Commission: 3 • Staff analysis does address the lack of landscaping on the northern property line. 4 • The staff analysis does say the number and type of trees planted provide sufficient landscape 5 areas to separate and screen and screen the building from adjoining sites and the new parking lot 6 trees would provide larger tree canopies breaking up the large expanse of paved areas. 7 • If the Commission was looking at the whole Project by the current standards, it would have 8 required landscaping along the northern property line shared with the gas station, mini-mart, and 9 fast food restaurant, but at the time landscaping was put in for the original project, landscaping 10 was not required. Staff analysis indicates the lack of landscaping in this area was approved as 11 part of the existing development and would not change as a result of this Project. 12 • It was noted that Commissioner Sanders had pointed out in previous discussions the proposed 13 plant schedule does not provide adequate screening for the north side of the property. 14 15 Commissioner Sanders: Does not support this finding. 16 17 Commissioner Brenner: 18 • Could support this finding with the understanding the lack of landscaping was approved as part of 19 the existing development and cannot be changed. 20 • Highly supports the concept of being able to redo the existing landscaping by removing parking 21 and putting in planter tree wells in an effort to meet the landscaping requirements. 22 • Is of the opinion, the landscaping could be better. 23 • Does not agree that more cannot be done just because it is an existing condition. More 24 landscaping can be done and there are creative ways to do so. 25 26 Chair Pruden: Agrees with Commissioner Brenner regarding the landscaping. Currently as it exists, 27 there is no landscaping along the northern property line shared with the gas station/mini-mart, and fast 28 food restaurant for purposes of separating these adjoining properties. There is sufficient landscaping in 29 other areas. The reality is that no landscaping can be required on the north side of the property to the 30 degree that is necessary due to existing conditions. Is not sure the problem can be fixed and does 31 recognize that a less than desirable situation exists. 32 33 Commissioner Whetzel: Noted there is no space to put in landscaping on the northern portion of the 34 property because it abuts the highway. 35 36 Chair Pruden: We are talking about the area behind the gas station and Jack-in-the Box. These areas 37 are just not screened as well as they should be. 38 39 Commissioner poble: 40 • The gas station has a carwash that has a solid wall that separates this property. 41 • There is likely a shared easement for the driveway that extends from the mini-mart/car wash into 42 the Walmart parking lot. 43 • Given the circumstances how far can the Commission question consistency? 44 45 Commissioner Whetzel: It is possible to provide taller screening on the northeast corner along the 46 fence to the highway on-ramp. However, only so many trees can be planted in that little area that abuts 47 the highway. 48 49 Chair Pruden: The circumstances are probably consistent,just not ideal to the Commission's standards. 50 Unfortunately, the Commission is working with a developed lot. 51 52 Commissioner poble: There is insufficient room to put in more landscaping on the northern portion of 53 the property. Does this have to be said before the Commission can say the finding is consistent? 54 MINUTES OF THE PLANNING COMMISSION March 14, 2012 Page 26 1 Staff: The Project is not required to go back and retrofit the north side of property in order to provide 2 screening because this is an existing condition. However, if the Commission has a different opinion, it 3 should continue that discussion and speak with the applicant about what other options there might be for 4 landscaping. It is a different discussion related to does the Commission believe there is adequate 5 landscaping adjacent to the highway ramp. 6 7 Chair Pruden: When reviewing what landscaping is existing and what is proposed taking into 8 consideration the grass area and the trees other than this there is no landscaping between Jack-in-the- 9 Box and the gas station. 10 11 Commission Doble: That area is currently used as a driveway and for parking. 12 13 Chair Pruden: The way this area was developed with landscaping would not be the way it would be done 14 now as a new development. 15 16 Commissioner Whetzel: Questioned the intent of determining whether or not these findings are 17 consistent if the general consensus is not to approve the Site Development Permit as is. Are these 18 findings to go with another Site Development Permit that will be brought forward to the Commission? 19 20 Chair Pruden: Questioned whether Commissioner Whetzel's concern is that the Commission may be 21 getting into an area that it should not. 22 23 Commissioner Whetzel: Possibly, but questions why the Commission is going through these motions 24 for a Site Development Permit that sounds like it might not move forward. 25 26 Commissioner Sanders: Staff has asked the Commission to go through the process to establish a 27 record. 28 29 Staff: The intent is to establish a record if the decision by the Commission is a denial. We need on the 30 record for the appeal why the Project was denied. Was the Project consistent with the Ukiah General 31 Plan, the AIP PD Ordinance? Was there an issue with the landscaping modifications? What are the 32 issues with the findings for the Site Development Permit? Again, the intent is to provide a record of 33 Planning Commission's decision. 34 35 Commissioner Sanders: The applicant has not met the landscaping requirements so this is an 36 opportunity to provide shade on the northern portion of the property and add more trees. 37 38 Commissioner poble: Not sure he agrees, what the Commission is looking at for this finding is whether 39 or not there is appropriate screening from the public street. Land exists in the northern area to do more 40 landscaping. The area between the hardscape and/or parking/driveway area on the northwest corner of 41 the Walmart building and the fast food restaurant and gas station could be landscaped. It is a straight 42 shot to the Walmart store without much screening other than some parking lot trees. However, this is an 43 existing situation. Is the Commission going to include this aspect as part of the total 20% landscaping 44 coverage that is required or is the issue whether there is adequate screening for the northern portion to 45 be kept separate? 46 47 Chair Pruden: Does not know if this is separable. Even though the finding talks about screening, the 48 reality is that the 20% landscaping coverage is the screening landscaping for the building. 49 50 Commissioner Brenner: Has a hard time requiring the applicant to make changes on existing 51 conditions. This provides for a `bad' precedent. Wishes there was a more creative approach to a site 52 development permit. 53 54 Commissioner poble: The question to ask ourselves is the justification that the landscaping is an 55 existing condition acceptable or not acceptable to the Commission? If not, then the Commission must 56 move from that direction. MINUTES OF THE PLANNING COMMISSION March 14, 2012 Page 27 1 2 Chair Pruden: As the landscaping plan is presented, is okay with the species and the layout of the 3 plants. The issue is that more landscaping is needed. In this regard, the landscaping is sufficient provided 4 the 20% landscaping coverage requirement is met. Where the landscaping is placed works and is 5 probably sufficient for separation and screening. Again, the issue is the need for more landscaping. 6 7 Commissioner poble: 8 • Is certain that 20% landscaping coverage is required for a project of this size. 9 • Need more, not less landscaping. 10 11 Chair Pruden: In terms of the finding concerning whether or not the landscaping provides adequate 12 screening and separation of building, the Project does meet the standard. There has been no discussion 13 about moving or reconfiguring any of the planter beds except to increase the size of the beds. More 14 planter beds may have to be added. 15 16 Commissioner poble: Unless the proposed development footprint is reduced in that area and trees are 17 planted along the entire parking lot to screen it from the carwash wall, does not believe he could go that 18 far with a requirement. However, meeting the 20% landscaping coverage requirement is important. The 19 issue here is really about providing for sufficient screening between the adjoining properties to the north. 20 21 Chair Pruden: This is difficult to discuss because the Commission is of the opinion the landscaping 22 percentages are still not adequate although they appear to be in the right locations. 23 24 Commissioner Brenner: 25 • The matter is difficult because it depends upon where the 20% landscaping should be applied. 26 The applicant could come back with a plan to apply the 20%to the north side of the property. 27 • The applicant needs to figure it out and design accordingly. 28 • With regard to the north side to say it is existing condition and cannot be touched is essentially 29 creating a limitation. People create their own limitations so if this is going to be the limitation, then 30 there is no 20% landscaping. 31 • Was of the understanding the finding was about appropriate screening and separation not the 32 20% landscaping. 33 34 Chair Pruden: The finding deals with screening and separation. 35 36 Commissioner Brenner: Likes the suggestion of providing for more screening of the area where the 37 highway sign is located. 38 39 Chair Pruden: The question is whether or not the landscaped area is sufficient to provide adequate 40 separation and screening of proposed structure(s) from the street and adjoining building sites, and with 41 breaking up and screening large expanses of paved areas. 42 43 Commissioner Whetzel: Looking at the Project from the aspect of separation of structures, you have to 44 look across Airport Park Boulevard. In doing so would have to agree every structure to the west of the 45 Project is adequately screened. There is adequate screening to the south as well. The only area in 46 question is the area to the northeast corner where Jack-in-the-Box is located. 47 48 Commissioner poble: Is talking solely about the parking lot tree area from the northwest corner of the 49 building looking towards the gas station as the existing condition. 50 51 Commissioner Whetzel: Is looking at the overall northeast corner in terms of screening from the building 52 to the freeway. However, this is an existing condition that would not change as a result of this Project. 53 More trees could be planted to better screen this area. 54 Commissioner poble: It may be the Commission should come back to this issue. Is of the opinion staff's 55 justification in the analysis for the purpose of this finding is sufficient. The 20% landscaping is a MINUTES OF THE PLANNING COMMISSION March 14, 2012 Page 28 1 completely different matter and is not associated with finding being discussed about adequate screening 2 and separate. 3 4 Commission: 5 • The majority of Commissioners agrees with staff's analysis and acknowledged that the 6 inadequate screening between the Project and the gas station carwash and Jack-in-the-Box is an 7 existing condition. However, it may be the new trees proposed for the parking lot may make a 8 difference with regard to providing adequate screen compared to what is existing. 9 10 Findinq: The proposed development will not restrict or cut out light and air on the property, or on the 11 property in the neighborhood, or impair the value thereof. 12 13 Commission: 14 • Agrees with staff's analysis included in the November 9, 2011 staff report. 15 16 Findin : The improvement of any commercial or industrial structure will not have substantial detrimental 17 impact on the character or value of an adjacent residential zoning district. 18 19 Staff: Since the Project site is not adjacent to a residential zoning district, this finding does not apply to 20 the Project. 21 22 Findinq: The proposed development will not excessively damage or destroy natural features, including 23 trees, shrubs, creeks, and the natural grade of the site. 24 25 Commission: 26 • Agrees with staff's analysis included in the November 9, 2011 staff report. 27 28 Findinq: There is sufficient variety, creativity, and articulation to the architecture and design of the 29 structure(s) and grounds to avoid monotony and/or a box-like appearance. 30 31 Commissioner Brenner: Cannot support this finding is consistent. The design could be better. 32 33 Chair Pruden: The Commission did agree that an effort was made to enhance the design of the building 34 to provide for a more aesthetically pleasing appearance. It is difficult to `dress-up' a big square box. 35 36 Commissioner poble: It is not the only big box in the Redwood Business Park. 37 38 Commission: 39 • The majority of the Commissioners agree with staff's analysis included in the November 9, 2011 40 and March 14, 2012 staff reports. The Project is consistent with this finding with the inclusion of 41 the revisions to the Project included in the elevations provided for the February 8, 2012 and 42 March 14, 2012 staff reports. 43 44 Staff: Modification to the 20% landscaping coverage requirement is the only issue with regard to the Site 45 Development Permit that is unresolved. 46 47 Commission: 48 • It is the consensus of the Commission that the 20% landscaping coverage requirement for the 49 Project must be met. There is no relief and/or modification for this standard. The 20% 50 landscaping standard is appropriate for a project of this size. 51 52 20% Landscapina Coveraae Modification 53 Staff: There was discussion by some Commissioners who might be willing to include GrassPave for the 54 fire lane for emergency vehicle access only to count as part of the 20% landscaping. 55 Commissioner poble: MINUTES OF THE PLANNING COMMISSION March 14, 2012 Page 29 1 • A fire lane is necessary so it is either going to be a paved or graveled driveway or entertain green 2 turf. 3 • Would support green turf as a creative use to improve or enhance the existing landscaping. 4 • Does not support the use of green turf for the parking lot because it is not durable enough and 5 would get torn up. 6 • GrassPave may be suitable for overflow parking accommodations and/or for a parking lot that is 7 used three or four times a year. 8 9 Commissioner Brenner: 10 • Emphasized the site is large with no physical constraints mandating that a compromise has to be 11 made to the landscaping. 12 • Currently turf is not considered landscaping. It has to be irrigated. 13 • Berkeley Sedge/rush grass is appropriate for the bioretention area. 14 • Why not use grass turf anyway even though it would not count as part of 20% landscaping and 15 figure out how to meet the 20% landscaping requirement. This would be a wonderful statement 16 and gift to the community. 17 • Walmart exists in an area that has plenty of opportunity for great landscaping, but instead wants 18 to expand and not play by the rules. 19 • Does not view GrassPave as landscaping. 20 21 Commissioner Sanders: 22 • GrassPave should not be used in the parking lot at all. 23 • GrassPave would be most suitable for the fire lane. 24 • Does not view GrassPave as landscaping. 25 26 Chair Pruden: 27 • Does not view GrassPave as landscaping. It is in the same category as permeable paving. 28 GrassPave is now proving to be problematic. 29 • GrassPave is just one option of many interesting ways to recapture water on pavement. 30 • Would not support GrassPave as landscaping. 31 • Would not have a problem with putting grass or vegetation in and around two concrete strips 32 called a Hollywood driveway. 33 • Views groundcover as landscaping that grows in and around the two strips of concrete. The 34 concrete strip area would not count as landscaping. This type of landscaping is used in some 35 places and is attractive. 36 • Is not sure the Fire Department would consider GrassPave as an acceptable approach for a fire 37 lane. 38 • Is of the opinion permeable paving in whatever style, such as the Hollywood Driveway would be 39 acceptable as landscaping for the fire lane. 40 41 Commission: 42 • GrassPave cannot be considered as landscaping. 43 44 Statement of Overridinq Consideration 45 Staff: Due to the significant and unavoidable traffic impacts identified in the certified Walmart Expansion 46 Project EIR, a Statement of Overriding Considerations is required to be made in order to approve the Site 47 Development Permit required for the Project. 48 49 The EIR identified three possible mitigation measures that would reduce or eliminate the traffic impact 50 associated with the Project and referred to attachment 4, mitigation measures 4.10-2, 4.10-4 and 4.10-5. 51 However, no funding for the improvements was identified. Due to the lack of funding CEQA requires the 52 impacts to be identified as significant and unavoidable. 53 54 When considering the Statement of Overriding Considerations for the Project, CEQA requires the 55 decision making agency to balance, as applicable, the economic, legal social, technological, or other MINUTES OF THE PLANNING COMMISSION March 14, 2012 Page 30 1 benefits of a proposed project against its unavoidable environmental risks when determining whether to 2 approve the project. If the Planning Commission determines the benefits of the proposed Project 3 outweigh the unavoidable adverse environmental effects of the Project, the adverse environmental effects 4 may be considered acceptable. 5 6 The Commission and public have requested information on the cost of and funding and design for the 7 improvement that would be required in order to mitigate the traffic impacts identified in the EIR. Caltrans 8 has also commented on the record about the lack of detail provided regarding the three traffic mitigation 9 alternatives included in the EIR. The City has been working on preliminary design and cost estimates for 10 the improvements identified in the EIR where the purpose is identify the traffic improvements and 11 associated costs required for buildout of the Redwood Industrial Park. 12 13 At the regular March 7 City Council meeting, Council voted to amend the City's Capital Improvement Plan 14 to include improvements to the Highway 101 and Talmage Road intersection as provided for in 15 attachment 1. The engineer's estimated cost of the improvements for the analysis done is $2,890,000. 16 The funding for the improvements would come from bond proceeds acquire by the Ukiah Redevelopment 17 Agency. 18 19 Considerations for adoption of a Statement of Overriding Considerations for the proposed Project could 20 include: 21 • Additional jobs created by the Project. 22 • Additional revenue for the City generated by the Project in the form of sales tax, property tax, and 23 business license tax as addressed in the fiscal impact report for the Project. 24 • Landscaping improvements to the parking lot. 25 • Improvements to pedestrian facilities 26 • Other considerations identified by the Planning Commission. 27 28 The list of potential benefits of the Project submitted by the applicant is included in attachment 11 of this 29 staff report. 30 31 A Fiscal Impact Report was prepared for the Project to provide information on the fiscal effects of the 32 Project. The report was revised based on public comment to include additional information provided by 33 the preparer of the report and this is included as attachment 13 of this staff report. 34 35 Should the Commission determine the benefits of the Project outweigh the significant and unavoidable 36 environmental effects identified in the EIR as provided for in attachment 4 of this staff report (Table ES-1 37 Summary of Impacts and Mitigation Measures) Planning Commission would be required to state in writing 38 the specific reasons to support its action based on the Final EIR and/or other information in the record. 39 The Statement of Overriding Considerations shall be supported by substantial evidence in the record and 40 this is known as the Statement of Overriding Considerations. 41 42 Staff asks that the Commission discuss the potential benefits of the Project and provide direction to staff 43 as to whether or not a Statement of Overriding Considerations could be made for the Project. 44 45 Chair Pruden: With the Statement of Overriding Conditions everything is on the table. We have 46 significant environmental impacts identified in the EIR that could not be mitigated such that we must 47 determine whether or not the benefits of the Project outweigh the significant and unavoidable 48 environmental effects identified in the EIR. 49 50 Commissioner poble: With the recent City Council vote to amend the City's Capital Improvement Plan 51 to include improvements to the Highway 101 and Talmage Road intersection, is the Planning Commission 52 still required to make a Statement of Overriding Considerations regarding the traffic impacts identified in 53 the Walmart EIR? 54 55 Staff: Since the certified EIR identifies the significant and unavoidable traffic impacts, this is what the 56 Commission is addressing this evening. MINUTES OF THE PLANNING COMMISSION March 14, 2012 Page 31 1 2 Commissioner poble: Would the information in attachment 11 of the staff report for this meeting be 3 considered a mitigation? 4 5 Staff: The new information cannot be considered a mitigation for the purpose of this Project. The new 6 information does appear to improve the situation from what it is currently. 7 8 Chair Pruden: Is the money for the City's Capital Improvement Plan proposed or secured? 9 10 City Attorney Rapport: The money is redevelopment funds until what is called the Recognized 11 Obligation Payment Schedule (R.O.P.S.) is approved by the State Department of Finance. It is not known 12 for certain at this point but the bond proceeds could be used to fund the Capital Improvement Projects 13 identified. They are on the City's proposed R.O.P.S. and required to be reviewed by an oversight 14 committee, which is a local group prior to final approval by the State. Until this occurs, it is not a certainty. 15 16 Chair Pruden: Has the Oversight Committee met yet? 17 18 City Attorney Rapport: Does not believe so. 19 20 Commissioner poble: Could this Project come back at a later date with a new EIR or Mitigated Negative 21 Declaration if the Commission cannot make the Findings for a Statement of Overriding Considerations? 22 23 City Attorney Rapport: Even though the EIR has been certified, if new information became available and 24 the applicant wanted to pursue a project, they could re-circulate an EIR and this new information could be 25 incorporated into it if at that point the funding was secure and the design had been approved by Caltrans. 26 27 Commissioner poble: Is this the only item that is triggering a finding for a Statement of Overriding 28 Consideration the significant and unavoidable traffic impacts? Is there anything else at this point? 29 30 Staff: Traffic is the only impact. The applicant's attorney is here if the Commission has questions about 31 Walmart's position about the potential re-opening of the EIR or the Statement of Overriding 32 Considerations. 33 34 Chair Pruden: The Commission needs to determine that this Project is beneficial and necessary to our 35 community that we are willing to live with the environmental impacts. We do not know if and when the 36 impacts will be mitigated or at least in the next 19 years in 2031 according to Mendocino County of 37 Government when the funding pot would be available. 38 39 Commissioner poble: There is the other alternative. 40 41 Chair Pruden: The alternative is uncertain at this point. It is just information. 42 43 Commissioner poble: The Commission did request information about the design aspects and cost 44 estimates for the road improvements and now we have it. 45 46 Chair Pruden: 47 • The Commission has touched on some aspects of the Statement of Overriding Considerations. 48 • We are aware that the economic decay element has been a moving target much to our 49 dissatisfaction. 50 • There have been so many number changes in supporting documents that one almost does not 51 know what to rely on as accurate figures. 52 • The document from the economic fiscal report consultant in attachment 13 seemed to indicate 53 that with Measure S there would be a tax gain of almost $45,000 a year and without Measure S, 54 the tax gain would be a little over$21,000 a year. MINUTES OF THE PLANNING COMMISSION March 14, 2012 Page 32 1 • Our documents indicate there will be a 25°/a increase in police callouts from 744 callouts to 930. 2 This is an indication that the Project will cost public safety almost $32,500 to service this public 3 service impact. 4 • There is the potential if that Measure S is not renewed that it will actually cost this community 5 money for public safety. This is my perception of reading the numbers. What are the thoughts of 6 the other Commissioners in this regard? 7 8 Commissioners Doble and Brenner agree with the numbers provided for in the document. 9 10 Chair Pruden: In looking at the figures provided by the consultant, in one scenario we actually have a 11 net loss to the public safety budget and in the other scenario we only have a gain of about$12,000. 12 13 Commissioner poble: Is seeing diminishing benefits as we go through this process and couple this with 14 the lack of expansion of market area and not drawing people to this community to spend their money. 15 This is what hurts and this is kind of my position at this point. 16 17 Chair Pruden: 18 • The tax figure information is not good. 19 • Is concerned about the fact there are so many figures out there. 20 • Will use the figure that is in the certified EIR that the Project will divert $13.2 million from existing 21 businesses. 22 23 Commissioner Brenner: 24 • One of the hard facts he found about the economic study was that it was removed from the actual 25 ripple effect of how the impacts trickle down and what this actually means to one's neighbor. We 26 got this information from the actual business owners. 27 • Not all the business owners said they would go out of business, but the ones the EIR said would 28 be affected their employees indicated they would lose their homes. 29 • This is a big deal. This would mean more vacant houses on streets. 30 • Has a real hard time with this knowing there is no gain in this regard. 31 • It seems like a `no-brainer' if there is no draw and 'I might lose in the end from a tax point of view.' 32 33 Chair Pruden: If the Project is going to divert over $13 million from existing businesses, someone is 34 going to fall under. 35 36 Commissioner poble: Again, it goes back to the expansion of the market area. It is really a draw from 37 what is already here. People that come here to shop for groceries are already here to shop for groceries 38 so it is diverting to another store. 39 40 Commissioner Brenner: 41 • Cannot kick someone out of their home for another grocery store by Walmart. 42 • Walmart is already here. Is glad the store is here. 43 • Do they need more for the sake of someone's home? Does not think so. 44 • Has a difficult time looking someone in the eye and saying, `we thought Walmart just needed a 45 little bit more.' This is a hard one. 46 47 Chair Pruden: 48 • Additionally, we do have the potential of losing up to three grocery stores in this community and 49 they are Food Maxx, Grocery Outlet and Lucky. We do not know if this is going to occur, but if it 50 does, that is a net loss of about 168 jobs. This is a risk that is disconcerting. 51 • One thing that has been said consistently as a benefit is that the expanded Walmart will allow for 52 one-shop. 53 • Cannot think of something more against what this community wants to see happen. This 54 community does not want one-stop shopping. This may be convenient for the customer but it is 55 disastrous for all the other businesses. Does not see this as a plus for this particular Project. MINUTES OF THE PLANNING COMMISSION March 14, 2012 Page 33 1 • Does not want to see other eye doctors, tax preparers, nail salons go out of business. 2 • Some of the Walmart stores offer medical walk-in centers. Does not want to see doctors go out of 3 business. 4 • Walmart stores also offer insurance. Does not want to lose other local vendors. 5 • There is some collateral damage with the ancillary businesses that can be put in these expanded 6 Walmarts. 7 • Is of the opinion we need to be aware that one-stop shopping does not behoove a small 8 community. 9 10 Commissioner Brenner: 11 • This goes back to Commissioner poble's concern about market draw. What market draw is 12 gained from a one-stop shop? 13 • We have spent a long time in this community embracing `smart growth' concepts and 14 promoting/encouraging a walkable community. 15 • A lot of money has been spent trying to generate a `smart growth' Downtown. 16 • Studies have shown over and over again that a one-stop shop approach is not conducive to a 17 healthy, positive and growing urban environment. This approach actually limits and destroys a 18 community over a period of time. We need economic diversity. 19 • Supports economic diversity. 20 • Is not saying Walmart should leave. They are already here. Walmart is part of the economic 21 diversity, but wants the other`guys' to be here too. 22 • Is not guessing that certain stores mentioned will go out of business, the EIR says so. 23 • Is not guessing 65 jobs may be lost, this is going to happen according to the EIR so this is not just 24 my conjecture. 25 • Does not want stores going out of business or jobs lost as a result of an expanded Walmart. 26 27 Chair Pruden: This community has other 24-hour grocery stores so even this niche already occurs. 28 29 Commissioner poble: 30 • If there were not significant and unavoidable impacts confronting this Project, we would not be 31 faced with having to decide whether or not the benefits of the Project outweigh the impacts. This 32 is what we need to focus on. 33 • Is of the opinion adding everything up does not equal out. 34 35 Commissioner Sanders: 36 • The benefits keep diminishing with each meeting. 37 • Regarding the economic benefits the Commission has been reviewing would like to read a 38 section of the County Board of Supervisors' letter dated December 6, 2011 regarding the 39 Statement of Overriding Considerations. `The discussion of the potential for the Project to 40 contribute to urban decay is superficial at best by insisting that past anchors close because of 41 internal conditions, not as a result of competition.' 42 • This letter further criticizes the urban decay analysis as speculative in that vacant buildings from 43 anchor closures will be reoccupied within a reasonable amount of time. 44 • The County Board of Supervisors' letter also points out that the analysis fails to mention the likely 45 migration of small and mid-sized retailers to the Airport Business Park once smaller retailers 46 close as a result of the loss of anchor stores. They further point out the expansion of Walmart 47 plus the discount-club scenario will negatively impact sales tax receipts for Willits, Fort Bragg and 48 the County. 49 • If the Commission approves the Expansion, this will result in job loss. The Expansion Project is 50 not going to be job creation. 51 • As one is aware, the unemployment rate in this community is already pretty high. 52 • Is of the opinion that approving this Project is not going to be healthy for our community. 53 • Also, one is aware this community does not have a tax-sharing agreement between the City and 54 County yet. MINUTES OF THE PLANNING COMMISSION March 14, 2012 Page 34 1 • We need to be looking at regional land use policies in our future, but this Project has been very 2 divisive for this community. 3 • If the Project were providing more jobs to improve the standard of living for our community then 4 this would be a consideration, but does not see the benefit here. 5 6 Chair Pruden: 7 • It appears the Commission is not able or willing to make a Statement of Overriding 8 Considerations that the benefits of this Project outweigh the environmental impacts. The Project 9 is in competition with other existing businesses in town, particularly the other grocery stores. 10 • The diversion of sales is going to be detrimental. 11 • The issue of public safety is of great concern. There are already 744 callouts a year in that 12 particular area. 13 • The Commission has literally heard several hundred testimonies with some people speaking up 14 to five times, but regardless they have spoken to `the subject at-hand.' 15 • Does anyone here believe that the majority of the audience has been in favor of the Walmart 16 Expansion Project? 17 • Her perception from keeping track at the last meeting of 79 comments, 28 were positive. This is 18 fairly representative of what we have been hearing from the community. 19 • There is not overwhelming or even 50% support for this Expansion Project. 20 • The Commission represents the community and we cannot ignore what were are seeing and 21 hearing as a Commission. 22 • The Walmart Expansion Project is not a popular project by the majority. 23 • If this was the other way around and the majority of the community wanted the Project, the 24 Commission would probably say that the desirability of the Project was great enough to live with 25 the environmental impacts, but we have not even heard it statistically by our audience comments 26 during the public hearings. In fact the public has been very outspoken about their concerns. 27 • Does appreciate that Walmart employees in their public testimonies have painted a picture of an 28 employer they enjoy working for and, as a result, a lot of mythology about Walmart employment 29 practices have been put to rest. 30 • Is surprised at how long some employees have worked for Walmart. 31 • It is good to hear Walmart has tried to be a good neighbor and a good employer locally. What 32 Walmart is doing does work in our community. 33 • The necessity to expand and compete with other businesses in this town does not appear will 34 work for our community in that we are not willing to live with potentially very serious impacts to 35 employment, local salaries and public safety issues, including the traffic impacts that are 36 substantial for the Expansion Project. If this funding does not come forward, this community will 37 be living with tremendous traffic impaction at that intersection. 38 39 Commissioner Whetzel: This community is going to be living with traffic impaction at that intersection 40 for a long time. 41 42 Chair Pruden: This is true, but we do not want to aggravate it. 43 44 Commissioner Whetzel: Is of the opinion we are penalizing a business for the lack of foresight from a 45 City or county that should have been improving that area from when they first turned the Airport Industrial 46 Park into retail/commercial zoning from industrial/light manufacturing. Originally, the Park was envisioned 47 for industrial purposes. When the area went from an industrial park to retail/commercial, the decision 48 makers should have known there was going to be more and more traffic and should have done something 49 about it years ago. 50 51 Chair Pruden: They should have done something about the traffic issue, but we do not need to 52 compound the error. 53 54 Chair Pruden: The reality is the Expansion Project will only increase the problems that already exist. It is 55 already an aggravating intersection. MINUTES OF THE PLANNING COMMISSION March 14, 2012 Page 35 1 Commissioner Whetzel: Is looking ahead. Knows we have further projects coming in that area. Are we 2 going to feel the same? 3 4 Chair Pruden: It is possible if the same environmental statements come up that cannot be mitigated. 5 6 Commissioner Whetzel: We are going to be in the same position. 7 8 Chair Pruden: We will have to deal with that issue when it comes. The reality is, how can we say we are 9 willing to live with the environmental damage and that the Expansion Project is so beneficial and 10 necessary to our community? 11 12 Commissioner Whetzel: Would say this is going to put a stamp on all the other projects in the area. 13 14 Commissioner poble: I do not believe so. Every project is different. The Commission must make a 15 decision that requires it to weigh the benefits of the project and we are going to have to do the same for 16 every project. 17 18 Chair Pruden: If the Commission sees another project a year from now and the funding is secured such 19 that traffic impacts will no longer be significant, we will not have to make a State of Overriding 20 Considerations. $3 million dollars will be expended on that intersection and proportionally a new applicant 21 will have to pay their proportional fair share of the road improvements. This is currently not available to 22 us. 23 24 Commissioner poble: 25 • This Project could come back. 26 • If the traffic situation is resolved and we are not forced to weigh the impacts versus the benefits 27 may be it is a different scenario but right now we have that decision to make, which in my opinion, 28 is not adding up. 29 30 Chair Pruden: At this point, we do not have enough tradeoff it sounds like with the at least four 31 Commissioners to say the Statement of Overriding Considerations can be made that this Project is 32 necessary and beneficial to our community to the degree that we are willing to live with the impacts. 33 Things could change in a year. 34 35 Commissioner Whetzel: From day one, was supportive of a smaller footprint so is of the opinion all the 36 Commissioners are on the same page. 37 38 Chair Pruden: This does not preclude Walmart from remodeling the building and taking out the Tire and 39 Lube Department and changing that over to a grocery section. If the store footprint stays the same, 40 Walmart can operate slightly differently. 41 42 Commissioner Sanders: But not operate 24 hours. 43 44 Chair Pruden: Interestingly, the 24 hours is not part of the Site Development Permit. Believes they are 45 not precluded from operating 24 hours a day. 46 47 Commissioner Brenner: It would be great if Walmart considered their expansion and the impacts their 48 expansion would make on the community before they go ahead and do it. 49 50 Chair Pruden: Walmart can remodel their interior and change their product line. They can do all the 51 environmental upgrades they would like to do with solar tubes and solar panels on the roof. They could 52 re-landscape the parking lot and redo their circulation to make it more pedestrian friendly. All of the above 53 can be done whether they get the expansion or not. 54 55 Commissioner Brenner: MINUTES OF THE PLANNING COMMISSION March 14, 2012 Page 36 1 • Is of the opinion that Walmart as a company is a real testimony to America's ability to create 2 something out of nothing. 3 • Supports the thought process of thinking about the application of Walmart as a community 4 member and about the many projects Walmart has contributed to monetarily and helped 5 communities all across the nation. 6 • Is hopeful Walmart will continue to make the necessary considerations for any growth with 7 regards to the impact the growth/expansion would have on the community so that it would not be 8 detrimental. 9 10 Commissioner poble: 11 • Is hopeful the Capital Improvement Plan gets put into place and the funding secured. 12 • Commends the City and staff for really working on the Capital Improvement Plan in a short period 13 of time. It was not on the fiscal year calendar and now it is. This is an important step. This may 14 not have occurred if the Commission was not discussing the Expansion Project. 15 16 Chair Pruden: It has been a very thought provoking process. 17 18 City Attorney Rapport: The City has to mitigate those traffic impacts if the Redwood Business Park is 19 going to be built-out. City Council and City staff have been working on trying to mitigate those traffic 20 impact before Walmart even applied for their Expansion Project. 21 22 Commissioner poble: Traffic improvements in that area were not on this fiscal year's Capital 23 Improvement Plan until just a week ago. 24 25 City Attorney Rapport: The City issued redevelopment bonds back in March for the purpose of raising 26 the funds needed to make the traffic improvements, among other things. 27 28 Planning Director Stump: 29 • Pointed out, there is a statement made there was not any foresight 20 years ago when Walmart 30 came in and buildout of the Park. When Walmart came here, millions of dollars were spent on 31 traffic improvements.Walmart and the City contributed heavily to that. 32 • There have been traffic studies as the Park has built out. 33 • There has been a concerted effort to try to stay on top of the traffic situation in the area of the 34 Talmage Road/Airport Park Boulevard intersection. 35 • What has occurred is we have gotten more and more draw from outside the area than was 36 anticipated. We have employees that work for the City of Ukiah that live in Sonoma County that 37 drive to Ukiah to shop. 38 • Pointed out the City has been working on the traffic improvements that are necessary, beyond 39 what was anticipated for over a year now mainly because of the funding source. It has been a 40 strong and long effort. 41 • In summary the Commission's thoughts on the Statement of Overriding Considerations are that 42 the majority of the Commissioners are unable to make that Statement of Overriding 43 Considerations for the Walmart Expansion Project. 44 • Also heard that the majority of the Commissioners find the Project inconsistent with the Ukiah 45 General Plan goal ED-1 and that the majority of the Commissioners are unwilling to grant a 46 modification for 20% landscaping coverage. 47 • To this end, what the Commission would end up doing tonight is directing staff to prepare findings 48 for denial of the Expansion Project, which staff would do and come to the Commission at a later 49 date when those findings have been prepared for the Commission's consideration and adoption. 50 51 Chair Pruden: What Planning Director Stump has stated has been summed up perfectly. 52 53 Planning Director Stump: Is this is this the direction the Commission is giving staff tonight? 54 MINUTES OF THE PLANNING COMMISSION March 14, 2012 Page 37 1 It was the consensus of the Commission that the direction given to staff concerning the Expansion Project 2 has been adequately conveyed. 3 4 Chair Pruden: 5 • No vote will be taken tonight. 6 • The Commission will vote on the Project at the next regular Commission meeting. 7 8 There was Commission discussion when it is feasible to again review the Walmart Expansion Project. 9 10 It was the consensus of the Commission to continue Walmart Expansion Project Site Development 11 Permit, Landscaping Modifications, and Statement of Overriding Considerations to a date certain of April 12 11, 2012. 13 14 10. PLANNING DIRECTOR'S REPORT 15 16 Planning Director Stump: The Zoning Administrator will be reviewing two projects — a use permit for a 17 new community garden on South State Street at the back of the National 9 apartments site and a site 18 development permit for Aarons furniture rental on North State Street at the former site of World Gym 19 Fitness. 20 21 11. PLANNING COMMISSIONERS' REPORT 22 Chair Pruden: 23 • The Commission has had a long time to think about the Walmart Expansion Project. 24 • The Commission has been very respectful of each other's opinions. 25 • The Commission has listened carefully and given serious consideration to the concerns people 26 have with the Project. 27 • Applauds everyone for their participation and input. The deportment, respect and civility from the 28 public, staff, and the Commissioners is what makes a process like this able to flow and thanked 29 everyone for this. 30 31 Commissioner Whetzel: Thanked staff and the Commission for all of their difficult and hard work during 32 the process of reviewing the Walmart Expansion Project. 33 34 Commissioner Brenner: Wanted to definitely thank staff for an excellent job on the Walmart Expansion 35 Project and for being so incredibly helpful in navigating the `ins and outs' and everything else associated 36 with the Project. 37 38 Commissioner poble: Responsiveness from staff to questions/concerns throughout the process was 39 incredible. 40 41 12. ADJOURNMENT 42 There being no further business, the meeting adjourned at 9:36 p.m. 43 44 45 Cathy Elawadly, Recording Secretary 46 MINUTES OF THE PLANNING COMMISSION March 14, 2012 Page 38 1 ITEM NO. 9A Community Development and Planning Department L�ity of Zikah 300 Seminary Avenue Ukiah, CA 95482 planninq c(�.cityofukiah.com (707)463-6203 2 3 DATE: April 11, 2012 4 5 TO: Planning Commission 6 7 FROM: Kim Jordan, Senior Planner 8 9 SUBJECT: Consideration and Possible Adoption of a Resolution to Deny the Walmart 10 Expansion Project Site Development Permit, Landscaping Modification, and 11 Statement of Overriding Considerations 12 1155 Airport Park Boulevard, APN 180-070-38, Airport Industrial Park 13 File Nos. 09-28-SDP-PC/09-28-EIR-PC 14 This item was continued from the November 9, 2011, December 14, 2011 15 January 11, 2012, January 25, 2012, February 8, 2012, and March 14, 2012 16 Planning Commission meetings 17 18 RECOMMENDATION 19 20 Staff recommends Planning Commission consider and adopt a resolution denying the Walmart 21 Expansion Project Site Development Permit associated landscaping modification and Statement 22 of Overriding Considerations (see attachment 1, Draft Resolution). 23 24 BACKGROUND 25 26 Planning Commission held public hearings on the Walmart Expansion Project Site Development 27 Permit, Landscaping Modifications, and Statement of Overriding Considerations on December 28 14, 2011, January 25, 2012, February 8, 2012, and March 14, 2012. Below is a summary of 29 each hearing. 30 31 December 14, 2011. After certifying the Walmart Expansion Project Environmental Impact 32 Report (EIR), the Commission began the public hearing on the Walmart Expansion Project 33 Site Development Permit (SDP) (see attachment 1, Planning Commission minutes). 34 Planning Commission received a presentation from staff on the SDP, received a 35 presentation from the applicant, asked questions of staff and the applicant, and opened 36 public comment. The Commission continued the item to a date certain of January 11, 2012. 37 38 January 11, 2012. In order to allow City Council time to act on an appeal of Planning 39 Commission's certification of the Walmart Expansion Project EIR, the item was continued to 40 the January 25, 2012 Planning Commission meeting. City Council heard the appeal at its Walmart Expansion Project Site Development Permit&Statement of Overriding Considerations 1155 Airport Park Boulevard,APN 180-070-38 April 11,2012 File Nos.:09-28-SDP-PC/09-42-EIR-PC 1 1 regular January 18, 2012 meeting and voted to deny the appeal, thereby, upholding 2 Planning Commission's certification of the EIR. 3 4 January 25, 2012. The Commission received a presentation from staff and the applicant, 5 asked questions of staff and the applicant, received public comment on the Site 6 Development Permit, and began its review of the Site Development Permit and associated 7 landscaping modifications. As part of its review, the Commission found the Project 8 consistent with the Ukiah Municipal Airport Master Plan and Mendocino County Airport 9 Comprehensive Lane Use Plan (CLUP) compatibility requirements for airport compatibility 10 zone C (Common Traffic Patterns). The Commission requested additional information and 11 revisions to the Project from the applicant. The Commission continued the item to the 12 February 8, 2012 Planning Commission meeting. 13 14 February 8, 2012. The Commission received a presentation from staff, received a 15 presentation from the applicant on the additional information provided and revisions made to 16 the Project, asked questions of the applicant and staff, and received public comment (see 17 attachment 3). Due to time limitations, the Commission did not have time to review and 18 discuss the revisions made to the Project and the additional information provided by the 19 applicant. The Planning Commission closed public comment and continued the item to the 20 March 14, 2012 Planning Commission meeting. 21 22 March 14, 2012. The Commission completed its review of the Project, including 23 consistency with the General Plan, Airport Industrial Park Ordinance 1098, Site 24 Development Permit Findings, Landscaping Modifications, and Design Guidelines and 25 directed staff to prepare findings for denial of the Project (see attachment 2). 26 27 STAFF ANALYSIS 28 29 At the March 14th meeting, the Commission completed its review of the Project and provided 30 direction to staff regarding the Project's consistency with the General Plan, Airport Industrial 31 Park Ordinance 1098, Site Development Permit Findings, Landscaping Modifications, and 32 Design Guidelines. The Commission determined the following: 33 34 ■ The Project is not consistent with General Plan Economic Development Goal ED-1: 35 Support a strong local economy; 36 37 ■ The Project did not provide sufficient landscaping as required by Site Development 38 Permit finding #4 (see below); 39 40 ■ The Project should provide the required 20% landscaping coverage of the gross area of 41 the parcel; and, therefore, the Commission could not approve the modification to this 42 requirement; and 43 44 ■ The benefits of the Project do not outweigh the significant and unavoidable 45 environmental effects of the Project identified in the EIR. 46 Walmart Expansion Project Site Development Permit&Statement of Overriding Considerations 1155 Airport Park Boulevard,APN 180-070-38 April 11,2012 File Nos.:09-28-SDP-PC/09-42-EIR-PC 2 1 Based on the discussion and direction provided by the Commission, staff prepared a draft 2 resolution to deny the Project based on the above. A brief discussion of each of the above 3 determinations is provided below. 4 5 General Plan Consistencv 6 7 The majority of the Commissioners determined that the Project was not consistent with General 8 Plan Goal ED-1. Based on this determination and the comments provided by the Commission, 9 staff prepared draft findings for denial (see attachment 1, pages 2-4). Staff requests that the 10 Commission review these draft findings and provide direction to staff. 11 12 A majority of the Commissioners did not determine that the following Ukiah General Plan Vision 13 Statement goals related to a sound, stable, community-based economy applied to the Project: 14 15 Goal GP-1: Promote, attract or assist in developing businesses, particularly those that add 16 value to resources already found or processed in the Ukiah Valley. 17 18 GP-2: Promote business development, emphasizing local ownership of businesses in order to 19 keep capital growth within the community. 20 21 Since a majority of the Commissioners did not determine that goals GP-1 and GP-2 applied to 22 the Project, inconsistency with these goals was not included as a basis for finding the Project 23 inconsistent with the general plan. 24 25 AIP Ordinance 1098 Consistencv 26 27 The majority of the Commissioners determined that the Project was consistent with all of the 28 requirements of AIP Ordinance 1098 with the exception of the following: 29 30 ■ ... parking lot trees shall provide a tree canopy coverage of 50% over all paved areas 31 within 10 years of planting (AIP Ordinance 1098, page 17, section I(1 j); and 32 33 ■ All new developments shall include a landscaping coverage of 20% of the gross area of 34 the parcel, unless because of the small size of a parcel, such coverage would be 35 unreasonable (AIP Ordinance 1098, page 17, section I(1 n). 36 37 Since the Project was not consistent with the above landscaping requirements, the applicant 38 requested Commission approval of modifications to these landscaping standards as allowed 39 pursuant to AIP Ordinance 1098, section 1(1q). This section grants the Commission the 4o authority to modify the landscaping requirements based on the size, scale, intensity and location 41 of a development project. 42 43 Landscapinq Modifications 44 45 Parcel Coverage Requirement. The Commission determined that it would not be able to 46 approve the modification to the requirement to provide 20% landscaping coverage of the gross 47 area of the parcel. Based on this determination and the comments provided by the Walmart Expansion Project Site Development Permit&Statement of Overriding Considerations 1155 Airport Park Boulevard,APN 180-070-38 April 11,2012 File Nos.:09-28-SDP-PC/09-42-EIR-PC 3 1 Commission, staff prepared draft findings for denial (see attachment 1, pages 4-6). Staff 2 requests that the Commission review these draft findings and provide direction to staff. 3 4 Site Development Permit 5 6 The majority of the Commissioners found the Project consistent with the findings required for 7 approval of a Site Development Permit (SDP), with the exception of consistency with the 8 General Plan (finding 1 below) and providing sufficient landscaping (finding 4 below) (see 9 attachment 2). The applicable findings required for approval of a Site Development Permit 10 pursuant to Ukiah City Code section 9263(D) are provided below. The additional information 11 provided and revisions made to the Project by the applicant that affected the consistency of the 12 Project with the required findings are noted in below in italics. 13 14 1. The proposal is consistent with the goals, objectives, and policies of the City General 15 Plan. 16 17 See discussion above. 18 19 2. The location, size, and intensity of the proposed project will not create a hazardous or 20 inconvenient vehicular or pedestrian traffic pattern. 21 22 Consistency with this finding was based in part on the pedestrian circulation plan 23 (attachment 15, sheet SP-1A of the March 14, 2012 staff report) provided by the 24 applicant that was reviewed at the March 14t`' meeting and the ability to relocate the 25 bus stop and provide a midblock crossing (attachment 14 of the March 14, 2012 staff 26 report). 27 28 3. The accessibility of off-street parking areas and the relation of parking areas with respect 29 to traffic on adjacent streets will not create a hazardous or inconvenient condition to 3o adjacent or surrounding uses. 31 32 4. Sufficient landscaped areas have been reserved for purposes of separating or screening 33 the proposed structure(s) from the street and adjoining building sites, and breaking up 34 and screening large expanses of paved areas. 35 36 The landscaping was made more consistent with this finding with the revisions made 37 to the landscaping plan which included the planting of additional trees along the 38 eastern property line and at the southeast corner of the site to provide better 39 screening of the loading dock (March 14, 2012 staff report, attachment 1 and revised 40 landscaping plans reviewed at the March 14t" Planning Commission meeting). 41 42 5. The proposed development will not restrict or cut out light and air on the property, or on 43 the property in the neighborhood; nor will it hinder the development or use of buildings in 44 the neighborhood, or impair the value thereof. 45 46 6. The proposed development will not excessively damage or destroy natural features, 47 including trees, shrubs, creeks, and the natural grade of the site. Walmart Expansion Project Site Development Permit&Statement of Overriding Considerations 1155 Airport Park Boulevard,APN 180-070-38 April 11,2012 File Nos.:09-28-SDP-PC/09-42-EIR-PC 4 1 2 7. There is sufficient variety, creativity, and articulation to the architecture and design of the 3 structure(s) and grounds to avoid monotony and/or a box-like uninteresting external 4 appearance. 5 6 Consistency with this finding was based in part on the revisions made to the Projecf 7 by the applicant as described in the letter from the applicant dated February 1, 2012 8 (March 14, 2012 staff report, attachment 1) and the revised elevations and 9 perspectives reviewed at the February 8, 2012 meeting. 10 11 Since the Commission determined that the landscaping was inadequate, staff prepared draft 12 findings for denial based on inconsistency with SDP finding #4 above. The findings for 13 inconsistency with the SDP landscaping finding was made in conjunction with the findings for 14 denial of the modification to the requirement to provide 20% landscaping coverage of the gross 15 area of the parcel. Staff requests that the Commission review these draft findings and provide 16 direction to staff. 17 18 Statement of Overridinq Considerations 19 20 Due to the significant and unavoidable impacts indentified in the Project EIR, approval of the 21 Project would require the Commission to make a Statement of Overriding Considerations (SOC) 22 for the Project. In order to make a SOC, the Commission is required to determine that the 23 benefits of the Project outweigh the significant and unavoidable impacts of the Project identified 24 in the EIR. The benefits of the Project may be economic, legal, social, technological, or other 25 benefits identified by the Commission. 26 27 The Walmart Expansion Project EIR identified the following significant and unavoidable 28 transportation and traffic impacts related to the Project: 29 30 ■ Transportation and Traffic Impact 4.10-2: Implementation of the Project would 31 substantially increase potential traffic safety hazards by increasing the degree to which 32 an existing queuing backup would exceed the available storage length (Final EIR Page 33 ES-12). 34 35 ■ Transportation and Traffic Impact 4.10-4: Implementation of the Project would increase 36 traffic volumes on area roadways under cumulative conditions (Final EIR, Page ES-14). 37 38 ■ Transportation and Traffic Impact 4.10-5: Implementation of Project would substantially 39 increase potential traffic safety hazards by causing queuing backups that exceed, or by 4o increasing the degree to which queuing backups are projected to exceed, the available 41 storage length under 2030 No Project conditions (Final EIR, Page ES-14). 42 43 The potential benefits of the Project are included as part of the draft resolution (see attachment 44 1, pages 7-10). The potential benefits included in the draft resolution are based on Commission 45 and public comments, information provided by the applicant, Project plans including the 46 revisions requested by the Commission and made by the applicant, the Project EIR, Fiscal 47 Impact Analysis, and other information included as part of the administrative record. Walmart Expansion Project Site Development Permit&Statement of Overriding Considerations 1155 Airport Park Boulevard,APN 180-070-38 April 11,2012 File Nos.:09-28-SDP-PC/09-42-EIR-PC 5 1 2 At the March 14th meeting, the Commission determined that the economic, social, technological 3 or other benefits of the Project do not outweigh the significant and unavoidable traffic impacts 4 identified in the Project EIR. The reasons the benefits of the Project due not outweigh the 5 significant and unavoidable effects of the Project are included in the draft resolution and are 6 based on the discussion and direction from the Commission (see attachment 1, pages 10-15). 7 8 Staff requests that the Commission review the draft potential benefits of the Project and the 9 findings that the benefits do not outweigh the significant and unavoidable environmental effects 10 of the Project and provide direction to staff. 11 12 PUBLIC COMMENT 13 14 At the March 14, 2012 meeting, this item was continued to a date certain of April 11, 2012; 15 therefore, no public notice is required. However, due to the public interest in this Project, notice 16 was provided in the following manner: 17 18 ■ mailed to all property owners within 300 feet of the subject parcel on March 29, 2011; 19 ■ mailed to all property owners within the Airport Industrial Park Planned Development on 20 March 29, 2012; 21 ■ mailed to all tenants on parcels contiguous to the subject parcel on March 29, 2012; 22 ■ mailed and/or emailed to all persons on the Walmart Expansion Project interested 23 parties list on March 29, 2012; and 24 ■ published in the Ukiah Daily Journal on April 1, 2012. 25 26 The public comment received regarding this item is included as attachment 3. The public 27 comment included in attachment 3 was received after Planning Commission closed public 28 comment at the February 8, 2012 meeting. Since public comment will be open again at the 29 April 11, 2012 meeting for the purpose of commenting on the findings for denial of the SDP, 30 landscaping modification, and SOC, staff is providing these comments. 31 32 CONCLUSION 33 34 At the March 14, 2012 meeting, the Commission directed staff to prepare the findings required 35 for denial of the following: 36 37 ■ Site Development Permit due to inconsistency with General Plan goal ED-1 and the 38 requirement to provide sufficient landscaping; 39 ■ Modification to the requirement to provide 20% landscaping coverage of the gross area 40 of the parcel; and 41 ■ Statement of Overriding Considerations. 42 43 Staff requests that the Commission consider the draft resolution for denial of the Project and 44 make any necessary revisions to the resolution. Should the Commission find that the resolution 45 with any necessary revisions accurately reflects the determinations of the Commission, staff 46 requests that the Commission vote to adopt the resolution to deny the Project. 47 Walmart Expansion Project Site Development Permit&Statement of Overriding Considerations 1155 Airport Park Boulevard,APN 180-070-38 April 11,2012 File Nos.:09-28-SDP-PC/09-42-EIR-PC 6 1 2 ATTACHMENTS 3 4 1. Draft Resolution to Deny the Site Development Permit associated landscaping 5 modification and Statement of Overriding Considerations for the Walmart Expansion 6 Project 7 2. Planning Commission Minutes March 14, 2012 (see Approval of Minutes on this agenda) 8 3. Public Comment Walmart Expansion Project Site Development Permit&Statement of Overriding Considerations 1155 Airport Park Boulevard,APN 180-070-38 April 11,2012 File Nos.:09-28-SDP-PC/09-42-EIR-PC 7 1 ATTACH M ENT 1 2 3 RESOLUTION NO. 4 5 RESOLUTION OF THE PLANNING COMMISSION 6 OF THE CITY OF UKIAH MAKING FINDINGS 7 PURSUANT TO UKIAH CITY CODE SECTION 8 9263D IN CONNECTION WITH THE DENIAL OF 9 THE WALMART EXPANSION PROJECT SITE 10 DEVELOPMENT PERMIT, LANDSCAPING 11 MODIFICATION, AND STATEMENT OF 12 OVERRIDING CONSIDERATIONS 13 14 WHEREAS: 15 16 1. The Planning Commission (°Commission'� certified as adequate and complete the 17 Walmart Expansion Project EIR ('�EIR'� on December 14, 2011. 18 19 2. The City Council denied a timely appeal of the Commission's certification of the 20 EIR on January 18, 2012, thereby upholding the Commission's certification of the EIR. 21 22 3. The EIR identified significant and unavoidable Transportation and Traffic impacts 23 related to the Walmart Expansion Project ("Project'�. 24 25 4. The Project includes the 47,621 square foot expansion of the existing 109,030 26 square foot Walmart store resulting in a 151,615 square foot building plus 5,036 square 27 foot outdoor garden center for a total store size of 156,651 square feet. The expanded 28 building would include a full service grocery store, additional merchandise sales floor 29 area, and new indoor garden center. The Tire and Lube Express would be removed. 30 The Project would update the exterior of the building, provide 612 vehicle spaces, and 31 construct a new truck dock with four loading berths. The Project includes changes to the 32 landscaping, new sidewalks, and pedestrian pathways through the parking lot. Store 33 hours would be extended to 24 hours per day, 7 days per week. The Project includes a 34 request for modifications to the requirements to provide 50% shade coverage of the 35 parking lot and 20% landscaping coverage of the parcel. 36 37 5. The Project requires Planning Commission approval of a Site Development 38 Permit, two modifications to the landscaping standards, and a Statement of Overriding 39 Considerations. 40 41 6. The Commission held public hearings on the Site Development Permit, associated 42 landscaping modifications, and Statement of Overriding Considerations at which the 43 Commission received public testimony on December 14, 2011, January 25, 2012, and 44 February 8, 2012. 45 Walmart Expansion Project Site Development Permit,Landscaping Modification,Statement of Overriding Consideration Planning Commission Resolution April 11,2012 1 1 7. The Commission closed public comment at the conclusion of the public hearing 2 on February 8, 2012, and conducted its deliberations at its March 14, 2012, meeting. 3 4 8. The Commission considered the request for approval of the Site Development 5 Permit, associated landscaping modifications, and Statement of Overriding 6 Considerations at the December 14, 2011, January 25, 2012, February 8, 2012, and 7 March 14, 2012 Planning Commission meetings. 8 9 9. At the March 14, 2012 public hearing, the Commission continued its 10 consideration of the Site Development Permit, associated landscaping modifications, and 11 Statement of Overriding Considerations and directed staff to prepare findings for denial 12 of the Site Development Permit, modification for landscaping lot coverage, and 13 Statement of Overriding Considerations based on the discussion and direction provided 14 by the Commission. 15 16 10. The Commission has considered all documents submitted and all testimony 17 presented during its public hearings as well as information included in the Project EIR, the 18 StafF Reports, dated November 9, 2011, December 14, 2011, January 25, 2012, February 19 8, 2012, and March 14, 2012, and the Walmart Expansion Project Files. The Staff 20 Reports are incorporated herein by reference. The Commission has independently 21 reviewed and analyzed this resolution. 22 23 11. The Planning Commission has determined to deny the Walmart Expansion 24 Project Site Development Permit, modification for landscaping lot coverage, and 25 Statement of Overriding Considerations. 26 27 12. Notice of the public hearings was provided as required by Ukiah City Code 28 section 9263(C). 29 30 13. The custodian of the Project record is the City of Ukiah Planning and Community 31 Development Department. The documents and other materials, which constitute the 32 record of proceedings for the City's decision on the EIR and the Project, including, but 33 are not limited to, the items described in Public Resources Code Section 21167.6(e) and 34 Government Code Section 1094.6(c), are located at the Planning and Community 35 Development Department, 300 Seminary Ave., Ukiah, CA 95482, and are available for 36 review during normal City business hours. 37 38 NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of 39 Ukiah finds as follows: 40 41 1. The Walmart Expansion Project is not consistent with the findings required by 42 Ukiah City Code section 9263(D) for approval of a Site Development Permit based on the 43 following. 44 45 A. The proposal is not consistent with the goals, objectives, and policies of 46 the City of Ukiah General Plan (UCC §9263.E.1). The Walmart Expansion Project Walmart Expansion Project Site Development Permit,Landscaping Modification,Statement of Overriding Consideration Planning Commission Resolution April 11,2012 2 1 is not consistent with General Plan Economic Development Goal ED-1: Sup,norta 2 strong/oca/economy based on the following. 3 4 1) The Ukiah area is adequately served by existing grocery stores which 5 include conventional (Safeway, Lucky, Raley's), discount (FoodMaxx and 6 Grocery Outlet), ethnic (Chavez Market), and specialty (Ukiah Natural Foods) 7 grocery stores (Draft EIR, Appendix D, page 29, Table 8). The Project would 8 generate $12.2 million dollars of sales in the food store category from market 9 area residents of which $12.2 million would be sales diverted from existing 10 stores within the market area (Draft EIR, page 4.3-15, Table 4.3-5). The 11 remaining sales ($2.1 million) in the food store category would come from 12 out of the market area. Since most of the sales would result from sales that 13 are diverted from existing businesses in the market area, the Project does 14 not support a strong local economy but rather transfers sales from existing 15 market area businesses to the Project. 16 17 2) As many as three grocery stores (Lucky, Grocery Outlet, and FoodMa�c) 18 could close as a result of the Project along with future development (Draft 19 EIR, pages 4.3-16 and 4.3-20). The three grocery stores combined employ 20 167 people (public comment from Mark Poston, Lucky manager date 21 stamped January 23, 2012, from Monty McDowell, Grocery Outlet store 22 manager date stamped January 23, 2012, and from William Kopper letter 23 dated January 18, 2012, Table 3). The Project would create 85 new jobs the 24 majority of which would be full-time. The loss of up to 167 jobs that could 25 result from the Project would not be offset by the addition of 85 jobs from 26 the Project. 27 28 3) Based on information provided as part of the administrative record, the 29 average hourly full-time wage for Grocery Outlet employees is $12.00 per 30 hour and profit sharing and medical benefits are provided. At Lucky, the 31 average hourly wage is $18.57 per hour and $6.20 per hour is paid by the 32 company toward employee benefits which include medical and dental. At 33 FoodMaxx, the average hourly full-time wage is $21.61 with medical and 34 dental benefits provided. The applicant did not provide information on the 35 benefits and wages for Ukiah Walmart employees. Based on information 36 provided as part of the administrative record, the average hourly full-time 37 wage for Walmart is $12.61 and partial medical benefits are provided. Based 38 on these difFerences in wages and benefits, the closure of FoodMaxx and/or 39 Lucky would result in the loss of higher paying jobs with medical and dental 40 benefits being replaced with lower paying jobs with fewer benefits. 41 This would result in a loss of income for area residents and less money 42 available to be spent within the local economy, resulting in less tax revenue 43 to the City and money circulating in the local economy. 44 45 4) The Project would generate $53,615 in additional revenue to the City in 46 the form net sales tax revenue, properry tax in lieu, and franchise taxes and Walmart Expansion Project Site Development Permit,Landscaping Modification,Statement of Overriding Consideration Planning Commission Resolution April 11,2012 3 1 has an estimated cost to the general fund for services of $32,488 (Fiscal 2 Impact Report Errata prepared by ALH Urban and Regional Economics, dated 3 January 13, 2012). This results in a net increase in general fund revenue of 4 $21,127 without Measure S sales tax and a net increase of $44,965, including 5 Measure S sales tax revenue. Since most of the increase in sales would 6 result from the Project diverting sales from existing area stores rather than 7 generating new sales, the Project could have an impact on the general fund 8 that is revenue neutral or negative. 9 10 5) Police and fire calls to the Project site are primarily related to transient 11 activity in the parking lot, including panhandling, camping, loitering, alcohol 12 consumption, and other disturbances (Draft EIR, page 4.9-1). In 2009 police 13 and fire calls to the Ukiah Walmart increased to 744 incidents from 472 in 14 2008 and 402 in 2007 (email from Captain Trent Taylor dated July 21, 2010). 15 Expanding the hours to 24 hours per day, seven days per week is anticipated 16 to increase police and fire calls to the Project site. This anticipated increase 17 in calls could eliminate any net increase in revenue to the General Fund 18 which would also be inconsistent with Economic Development Policy ED-1.1: 19 Take steps to reinforce the �a/ley's economy. 20 21 6) Based on recent statistics from the Ukiah Police Department, calls for 22 police services city-wide increased from 27,937 in 2007 to 30,210 in 2010. 23 This equates to 82.7 calls for service per day. Due primarily to the proposed 24 24 hours a days, seven days per week operations, the Project is anticipated 25 to further increase the number of police calls for service which could 26 negatively impact police services and increase the cost of police services 27 resulting in a negative fiscal impact on the City's general fund. 28 29 B. The proposal is not consistent with the Airport Industrial Park Planned 30 Development Ordinance 1098 and does not provide sufficient landscaped areas 31 to satisfy the standards in UCC �9263.E.4. In order for the Project to be 32 consistent with Airport Industrial Park Planned Development (AIP PD) Ordinance 33 1098, the Commission must approve two modifications to the landscaping 34 requirements. The Commission cannot modify the 20% landscaping 35 requirement, unless the small size of the parcel would make such a coverage 36 requirement unreasonable (AIP Ordinance 1098, Page 17, section I(1n)). AIP 37 Ordinance 1098 grants the Commission the authority to approve a modification 38 based upon the size, scale, intensity, and location of a project (AIP Ordinance 39 1098, Page 17, section I(1q)). Based on the following, the Planning Commission 40 finds that compliance with the 20% landscaping requirement is reasonable. 41 Therefore, the Project is inconsistent with AIP Ordinance 1098 based on the 42 following. 43 44 1) The parcel is one of the largest, if not the largest, parcel in the Airport 45 Industrial Park. Based on the large size of the parcel (13.4 acres), there is 46 adequate land area available to provide the required landscaping. Walmart Expansion Project Site Development Permit,Landscaping Modification,Statement of Overriding Consideration Planning Commission Resolution April 11,2012 4 1 2 2) The Project could be revised to meet the landscaping requirement by 3 reducing the building footprint and the corresponding number of required 4 parking spaces. 5 6 3) The Project is located on a General Plan designated Gateway (Highway 7 101) and at a prominent intersection (Airport Park Boulevard and Commerce 8 Drive) and is comprised of 13.4 acres. The Project would result in a 9 151,615 square foot building plus 5,036 square foot outdoor garden center 10 for a total store size of 156,651 square feet. The Project also includes 612 11 parking spaces and a four berth loading dock. The location of the building 12 and the size of the building and outdoor garden center result in a store size 13 and scale that requires landscaping that is proportional to the scale of the 14 development and appropriately located in order create an attractive project 15 and provide adequate screening. The Project results in an increase in the 16 intensity of site development that requires adequate landscaping in order to 17 create an attractive project and to provide adequate screening. 18 19 4) The purpose of landscaping is to address aesthetics. The Commission 20 finds that: 21 22 a) Other large projects in the Airport Industrial Park that comply with 23 the 20% landscaping coverage appear to be under-landscaped. 24 Therefore, providing at least the required 20% landscaping coverage 25 is critical for projects of this size; 26 27 b) More landscaping should be provided for larger projects, such as 28 the Walmart Expansion Project, since aesthetics considerations are 29 greater for larger buildings and parking areas. Since the Project site is 30 large enough to provide the area needed to comply with the 20% 31 landscaping requirement, the Project should be revised to meet the 32 minimum landscaping coverage requirement rather than being 33 relieved of the requirement; 34 35 c) Due to the size and visibility of the Project, more landscaping 36 should be provided rather than less. The Project is located on a 37 General Plan designated Gateway (Highway 101) and at a prominent 38 intersection (Airport Park Boulevard and Commerce Drive). 39 Landscaping is intended to be attractive, visible and to provide 40 screening where needed. Allowing less than the 20% coverage 41 required, would result in a less attractive Project with landscaping 42 that is not sufficiently visible and that does not provide adequate 43 screening. The Commission recommended that the applicant consider 44 installing more landscaping strips in the parking lots rather than using 45 individual tree wells which would increase the percentage of 46 landscaping coverage and/or decreasing the size of the expansion in Walmart Expansion Project Site Development Permit,Landscaping Modification,Statement of Overriding Consideration Planning Commission Resolution April 11,2012 5 1 order to comply with the landscaping requirement. To date, the 2 Project has not been revised in this manner to comply with the 20% 3 landscaping coverage requirement. 4 5 4) Two modifications to the 20% landscaping coverage requirement have 6 been granted by the Planning Commission in the past; however, these 7 modifications were for projects on much smaller parcels. In the case of Park 8 Falls Plaza, the applicant provided a design amenity (water features). The 9 water features were not counted towards the landscaping coverage and the 10 applicant requested and was granted a modification to the landscaping 11 coverage requirement. Had the water features been counted toward the 12 landscaping requirement, the Park Falls Plaza project would have complied 13 with the 20% landscaping coverage requirement. 14 15 5) In order to comply with the 20% landscaping coverage requirement, 16 Grasspave2 was proposed for the fire lane located at the rear (east) side of 17 the site and for 62 of the new parking spaces located along Airport Park 18 Boulevard and the westernmost section of Commerce Drive. The Grasspave2 19 product would provide turf in these areas. Planning Commission typically 20 does not allow the installation of turf as part of landscaping plans and instead 21 requires the use of groundcover, shrubs, and trees in order to provide more 22 visual interest and a more attractive environment. Parking vehicles on the 23 GrassPave2 would eliminate any aesthetic and/or visual benefit of the 24 GrassPave2. The fire lane would rarely be used keeping the area visible; 25 however, turf does not provide the intended aesthetic or visibility for 26 landscaping. 27 28 6) Grasspave2 would be appropriate to use for the fire lane; however, it 29 would not be counted towards the landscaping coverage. Grasspave2 is not 30 appropriate to be used for the new parking areas due to concerns regarding 31 ability of the product to withstand the regular parking of vehicles, 32 maintenance, and the ability to maintain clearly delineated parking spaces. 33 In either case, the GrassPave2 would not be counted toward the landscaping 34 coverage requirement. 35 36 2. Statement of Overriding Considerations. The EIR identified significant and 37 unavoidable impacts related to the Project. Under 14 California Code of Regulations 38 ("CCR") Section 15093, CEQA requires the Commission to balance, as applicable, the 39 economic, legal, social, technological, or other benefits, including region-wide or 40 statewide environmental benefits, of the Project against its unavoidable environmental 41 risks, when determining whether to approve the project. The Commission finds that the 42 benefits of the Project do not outweigh its significant and unavoidable environmental 43 risks for the following reasons. 44 45 A. The environmental impacts of the Project. The EIR identified the following 46 Project impacts that cannot be successfully mitigated or avoided. Walmart Expansion Project Site Development Permit,Landscaping Modification,Statement of Overriding Consideration Planning Commission Resolution April 11,2012 6 1 2 1) Transportation and TrafFic Impact 4.10-2: Implementation of the 3 Project would substantially increase potential trafFic safety hazards by 4 increasing the degree to which an existing queuing backup would exceed the 5 available storage length (Final EIR Page ES-12). 6 7 2) Transportation and Traffic Impact 4.10-4: Implementation of the 8 Project would increase trafFic volumes on area roadways under cumulative 9 conditions (Final EIR, Page ES-14). 10 11 3) Transportation and TrafFic Impact 4.10-5: Implementation of Project 12 would substantially increase potential traffic safety hazards by causing 13 queuing backups that exceed, or by increasing the degree to which queuing 14 backups are projected to exceed, the available storage length under 2030 No 15 Project conditions (Final EIR, Page ES-14). 16 17 The EIR identifies improvements to the intersection of the Highway 101 18 southbound intersection with Talmage Road that would mitigate the impacts 19 identified above. These improvements are currently unfunded. Without funding 20 for the improvements necessary to mitigate the impacts identified in the EIR, the 21 impacts remain significant and unavoidable. 22 23 B. The benefits of the project. The benefits of the project include: 24 25 1) The Project would create employment o�portunities within the Citv. 26 The Ukiah Walmart currently provides 240 jobs (January 25, 2012 Planning 27 Commission meeting transcript, page 16, lines 22-23). The Project would 28 provide temporary construction jobs and 85 full-time and part-time jobs 29 (Letter from Jon Romeguera, TAIT and Associates date stamped October 25, 30 2011, Draft Findings for Statement of Overriding Considerations from 31 Applicant date stamped January 25, 2012, and January 25, 2012 Planning 32 Commission meeting transcript, page 16, lines 19-21). 33 34 2) The Project would Qenerate tax revenue for the City allowina the Citx 35 to fund needed services. The Project would generate additional revenue for 36 the City from sales tax, measure S sales tax, property tax, and franchise tax. 37 The net revenue to the City's general fund is estimated to be $21,127 38 excluding Measure S sales tax and $44,965 including Measure S sales tax 39 (January 13, 2012, Errata Addendum to Ukiah Walmart Fiscal Impact 40 Analysis, Page 3, Table 7). 41 42 3) The Project would contribute funds to needed infrastructure 43 improvements. In 1999, the City Council adopted the Redwood Business 44 Park Capital Improvement Program and associated fee schedule. The Project 45 is required to pay the capital improvement fee which is based on the size of 46 the development. Based on a development area of 2.52 acres, the capital Walmart Expansion Project Site Development Permit,Landscaping Modification,Statement of Overriding Consideration Planning Commission Resolution April 11,2012 7 1 improvement fee is estimated to be $17,835.99 (November 3, 2009 memo 2 from Ben Kageyama, Public Works). 3 4 On March 7, 2012, the City Council voted to amend the City of Ukiah Capital 5 Improvement Plan 2009-2018 to include the improvements to the 6 intersection of Highway 101 southbound ofF ramp to Talmage Road (March 7, 7 2012 City Council meeting minutes). If the City establishes the fee for this 8 improvement prior to issuance of a building permit, the Project would be 9 required to pays its proportional fair share of the improvements to the 10 intersection of Highway 101 southbound off ramp to Talmage Road. 11 12 4) The Project would improve pedestrian circulation. The Project would 13 provide the following pedestrian facilities: sidewalks along the Airport Park 14 Boulevard frontage; sidewalks along the western portion of the Commerce 15 Boulevard frontage; a pedestrian pathway through the parking lot that 16 connects the Airport Park Boulevard sidewalk to the front of the store; a 17 sidewalk from the relocated bus stop to sidewalk located at the southern end 18 of the store; and benches at the front of the store (plans date stamped 19 February 1, 2012, sheets elevations, perspectives, and SP-1A). 20 The sidewalk on Airport Park Boulevard would connect to the existing 21 sidewalks located to the north of the site along the gas station and mini-mart 22 frontage, to the south of the site along the Applebee's and Michael's 23 frontage, to the west of the site on both sides of Commerce Drive from 24 Airport Park Boulevard to Hastings Road, and to the east of the site along 25 Commerce Drive. 26 The Project EIR includes Transportation and Traffic mitigation measure 4.10- 27 3d which requires the sidewalks on Airport Park Boulevard and Commerce 28 Drive to be a minimum of 6 feet wide and eight to ten feet wide where 29 possible (FINAL EIR, page ES-13). 30 The EIR requires the bus stop located on the south side of Commerce Drive 31 to be relocated to the north side of Commerce Drive (FINAL EIR, page ES- 32 12). The Project would provide a pad for the bus shelter and the Mendocino 33 Transit Authority would provide a bus shelter. A mid-block crossing would be 34 installed at the eastern side of the main access driveway on Commerce Drive 35 with bulb-outs in order to reduce the distance pedestrians have to cross the 36 street (March 14, 2012 staff report, attachment 14). 37 38 5) The Project includes energy conservina measures. The Project would 39 include energy conservation features, such as daylighting the grocery sales 40 floor area; light dimming in the expansion area that would dim to 65% 41 illumination during late night hours; °super" high energy efficient HVAC units 42 with an energy efficiency ratio (EER) of 12.1 to 14.3; cool roof system for the 43 entire building using a new"white" membrane roof with high solar reflectivity 44 which lowers cooling loads by 10%; retrofitting of the lighting in the existing 45 store and installation in the expansion area of T-8 fluorescent lamps and 46 ballasts (DRAFT EIR, Pages 4.11-18 to4.11-20). Walmart Expansion Project Site Development Permit,Landscaping Modification,Statement of Overriding Consideration Planning Commission Resolution April 11,2012 g 1 2 6) The Project would provide attractive landscaping. The Project would 3 replace the undersized and underperforming olive trees in the parking lot 4 with a more suitable parking lot tree, lawn would be replaced with a mix of 5 groundcovers and shrubs, new trees would be planted along much of the 6 perimeter of the site, the new parking lot would include one tree planter 7 island between every four parking spaces, and a variety of tree species would 8 be planted (plans date stamped February 1, 2012, sheet L4.0). 9 10 7) The Project would update and improve the architectural design of the 11 buildin . The Project would redesign the exterior of the building, including 12 new entry vestibules on the west elevation with a separate canopy covering 13 each vestibule; varied colors, parapet heights, and canopies to break up the 14 mass of the building; storefront windows on the front elevation; and cultured 15 stone accents for bases of awnings, under storefront windows, and pilasters 16 (Project Description date stamped October 31, 2011 and plans date stamped 17 February 1, 2012, perspectives and elevations). 18 The design of the Project was revised to include downward sloping canopies 19 on the west elevation to provide shade and a better pedestrian orientation; a 20 standing seam metal canopy on the north elevation; and a covered outdoor 21 seating area on the south elevation (Letter from applicant dated February 1, 22 2012, March 14, 2012 staff report, Page 2, and plans date stamped February 23 1, 2012.) 24 25 8) The Project would improve bicycle circulation around the site. The 26 Project includes signage for Class III on-street bike routes on the west side 27 of Airport Park Boulevard from the intersection of Commerce Drive/Airport 28 Park Boulevard to Talmage Road/Airport Park Boulevard (March 14, 2012 29 staff report and plans dates stamped February 1, 2012, sheet SP-1). The 30 EIR requires the Project to provide Class III bike routes on the east and west 31 sides of Airport Park Boulevard from the intersection of Commerce 32 Drive/Airport Park Boulevard to Talmage Road/Airport Park Boulevard and to 33 pay its proportional-share payments to e�end the westbound Class II bicycle 34 lane on Hastings Road to a point just east of the start of the westbound 35 channelization for the new westbound left turn lane at the Hastings 36 Road/South State Street intersection (Final EIR, page ES-13, mitigation 37 measures4.10-3c). 38 39 9) The Project would improve stormwater treatment and detention on the 40 Project site. The existing site does not include any stormwater 41 improvements. Currently storm runoff drains mostly east and southeast as 42 sheet flow into the local storm drainage system located between the Project 43 site and Highway 101 (Draft EIR, page 4.6-1). The Project includes 44 bioretention areas on the northeast and east sides of the site to collect and 45 treat stormwater runoff and a vault for filter treatment of stormwater at the 46 southeast corner of the site that would provide stormwater treatment for the Walmart Expansion Project Site Development Permit,Landscaping Modification,Statement of Overriding Consideration Planning Commission Resolution April 11,2012 9 1 entire site (plans, sheet GP-1 and drainage shed map date stamped February 2 1, 2012, sheet GP-1). The drainage shed map indicates that the northern 3 portion of the parking lot would be treated by the bioretention area located 4 proximate to northeast property line, the stormwater runoff from the 5 remainder of the parking lot would be treated by the vault located in the 6 southeast corner of the site, and the building and would be treated by the 7 biorentention area located at the rear of the site proximate to the eastern 8 property line (drainage shed map, sizing calculations and storm filter product 9 details date stamped February 1, 2012). 10 11 10) The Project would provide a 24 hour full service shopping 12 o�portunitv. The Project would be open 24 hours a day seven days per week. 13 Adding a full-service grocery store provides an opportunity for one-stop 14 shopping which provides a convenience for some shoppers by allowing 15 people to shop for groceries and general merchandise when it is most 16 convenient for their schedule. One-stop shopping may also reduce vehicle 17 trips and provide a convenience for people with varied or busy schedules or 18 with limited mobility (Planning Commission November 9, 2011 meeting 19 transcript, page 118, lines 5-7 and Planning Commission December 14, 2012 20 meeting transcript, pages 118, lines 122-124). 21 22 11) The Project would be a good member of the communitv. The 23 existing Walmart store has donated money to the Ukiah pool renovation, 24 Ukiah Food Bank, and 50 other local organizations and has recently launched 25 a new partnership with the Ukiah Main Street Program with the purpose of 26 bringing more people downtown (December 14, 2011 Planning Commission 27 meeting transcript, page 107, line 21 to page 108, line 3). Ukiah Walmart 28 associates also donate locally (December 14, 2011 Planning Commission 29 meeting transcript, page 84, lines 11-13 and page 111, lines 11-17). 30 31 12) The Project could result in lower prices for consumers. The Project 32 would provide a full-service discount grocery store in the same location as 33 Walmart's other general merchandise. The introduction of a new full-service 34 discount grocery store could reduce prices for consumers by increasing 35 competition amongst local grocery stores within the market area. 36 37 C. Weighing the benefits of the proposal against the environmental risks. For the 38 following reasons, the Commission finds that the economic, social, technological or 39 other benefits of the Project do not outweigh the significant and unavoidable 40 traffic impacts identified in the Project EIR. 41 42 1) The Project could result in reduced employment opportunities 43 within the Citv. As many as three grocery stores (Lucky, Grocery Outlet, 44 and FoodMaxx) could close as a result of the Project along with future 45 development (Draft EIR, pages 4.3-16 and 4.3-20) which would result in the 46 loss of up to 167 jobs. Grocery Outlet has 31 employees, 27 of which are full- Walmart Expansion Project Site Development Permit,Landscaping Modification,Statement of Overriding Consideration Planning Commission Resolution April 11,2012 10 1 time (public comment from Monty McDowell, Grocery Outlet store manager 2 date stamped January 23, 2012). Lucky has 65 employees whose jobs are 3 union supported with guaranteed hours (public comment from Mark Poston, 4 Lucky manager date stamped January 23, 2012). FoodMaxx has 71 5 employees (William Kopper letter dated January 18, 2012, table 3). The 6 Project would provide up to 85 jobs. The number of jobs created by the 7 Project would not offset the number of jobs that could be lost due to the 8 closure of Lucky, Grocery Outlet and/or FoodMaxx. 9 10 2) The Project could result in the loss of job diversity within the Cit�i. 11 The Project would add additional discount grocery sales to the Ukiah market 12 area. Up to three grocery stores (Grocery Outlet, Lucky and FoodMaxx) 13 could close as a result of the Project (Draft EIR, pages 4.3-16 and 4.3-20). 14 The three stores combined employ 167 people in conventional and discount 15 grocery stores that offer a variety of jobs in different departments. Both 16 FoodMaxx and Lucky provide union jobs with union wages and healthcare 17 benefits, including medical and dental. The closure of these stores would 18 reduce the number and variety of jobs available in the Ukiah market area 19 since it unlikely that the employees of these stores would be able to find a 20 comparable job at Walmart or at another grocery store within the market 21 area. 22 23 3) The Project could result in the loss of diversity in sho�ping 24 o�portunities. The Project would reduce economic diversity related to the 25 grocery store options available to consumers in the Ukiah market area. The 26 existing Walmart store provides a mix of goods, including general 27 merchandise, apparel, automotive products and services, and limited grocery 28 products that may not be available elsewhere in the market area and which 29 provide a good balance of goods within the community. Adding additional 30 floor area for grocery sales would tip this balance and would not be likely to 31 add grocery products that are not currently available in the market area. 32 The immediate Ukiah area is adequately served by a variety of grocery stores 33 - conventional (Raley's, Safeway, Lucky), discount (Grocery Outlet, 34 FoodMaxx), niche (Ukiah Natural Foods), and ethnic (Chavez Market) (Draft 35 EIR, Appendix D, page 29, Table 8)). The Ukiah market area which extends 36 north to include Willits is served by two additional conventional grocery 37 stores (Safeway and Ray's Food Place, Willits) and one additional niche 38 grocery store (Mariposa Market, Willits). 39 40 Adding a full service grocery store to the existing Walmart store would 41 reduce economic diversity since the Project could result in the closure of up 42 to three grocery stores within the Ukiah market area (Draft EIR, pages 4.3-16 43 and 4.3-20). The Project would generate $12.2 million in food stores sales 44 from market area residents of which $12.2 would be sales diverted from 45 existing market area stores (Draft EIR, page 4.3-15,Table 4.3-5). This 46 demonstrates that the market area is adequately served by existing grocery Walmart Expansion Project Site Development Permit,Landscaping Modification,Statement of Overriding Consideration Planning Commission Resolution April 11,2012 11 1 stores since the Project would not generate new sales within the market 2 area, but would instead divert sales from existing grocery stores. Since most 3 of the expansion (26,688 square feet or 56% of the expanded floor area) 4 would be used for grocery sales, the Project would result in a loss of balance 5 in the goods available in the market area by providing primarily grocery 6 sales, an area that is not currently underserved in the Ukiah market area. 7 8 4) The Project could result in lower payinc�iobs with fewer benefits 9 within the Citv. The average full-time Walmart employee earns $12.69 per 10 hour in California (January 25, 2012 Planning Commission meeting transcript, 11 page 23, lines 6-9). Walmart employees are eligible to participate in a stock 12 purchase program and a variety of healthcare plans are made available to 13 employees (January 25, 2012 Planning Commission meeting transcript, page 14 23, lines 13-15 and page 24, lines 7-14). Information specific to the Ukiah 15 Walmart store related to the wages paid, types of jobs, types of healthcare 16 plans offered, and the amount and/or percentage paid by Walmart and the 17 employee were not made available by the Project applicant. Information 18 submitted as part of the administrative record indicates that Walmart 19 provides partial medical benefits (William Kopper letter dated January 18, 20 2012, page 6, table 3, source www.walmart.com). This information was 21 obtained from Walmart's website which provides general information 22 regarding Walmart's pay and benefits rather than information that is specific 23 to the Ukiah Walmart store. The Project would result in the elimination of 24 the existing Tire and Lube Express. Employees of the Tire and Lube Express 25 have a specialized skill and may receive higher wages as a result. These 26 employees may not be able to find jobs with comparable pay within the 27 Ukiah area. 28 29 The average hourly wage at Lucky is above $25.00 per hour when health 30 benefits are included. Health benefits for Lucky employees include medical, 31 dental and vision. Most Lucky employees rely on the medical, dental and 32 visions benefits provided by Lucky (Public Comment from Mark Poston, Lucky 33 store manager date stamped January 23, 2012). 34 35 The average hourly wage at Grocery Outlet is $12.00 per hour and Grocery 36 Outlet offers 25% profit sharing (Public Comment from Marty McDowell, 37 Grocery Outlet store manager date stamped January 23, 2012). Information 38 submitted as part of the administrative record indicates that Grocery outlet 39 also provides medical benefits to employees (William Kopper letter dated 40 January 18, 2012, page 6, Table 3). 41 42 The average hourly wage at FoodMaxx is $21.61 with full medical and dental 43 provided (William Kopper letter dated January 18, 2012, page 6, Table 3). 44 45 The closure of Lucky and/or Grocery Outlet would result in the loss of 46 healthcare benefits since most of the employees receive their healthcare Walmart Expansion Project Site Development Permit,Landscaping Modification,Statement of Overriding Consideration Planning Commission Resolution April 11,2012 12 1 benefits through their jobs (Public Comment from Marty McDowell, Grocery 2 Outlet store manager date stamped January 23, 2012 and Public Comment 3 from Mark Poston, Lucky store manager date stamped January 23, 2012). 4 The closure of Lucky and/or Grocery Outlet could also result in increased 5 foreclosures in the area if former employees are unable to pay their 6 mortgages. 7 8 The jobs that would result from the Project would not pay a wage or provide 9 benefits comparable to the wages and benefits provided by Lucky and 10 FoodMaxx. 11 12 5) The Project would not generate revenue adequate for funding Citv 13 services. The Project would generate additional revenue for the City from 14 sales tax, measure S sales tax, property tax, and franchise tax. The net 15 revenue to the City's general fund is estimated to be $21,127 excluding 16 Measure S sales tax and $44,965 including Measure S sales tax (January 13, 17 2012, Errata Addendum to Ukiah Walmart Fiscal Impact Analysis, Page 3, 18 Table 7). 19 20 The Urban Decay Chapter of the EIR indicates that sales generated for the 21 Project by market area residents would not be new sales but rather sales 22 diverted from market area stores. The estimated cost to the City's general 23 fund to provide services to the Project is $32,400 (January 13, 2012 Errata 24 Fiscal Impact Analysis, page 3, Table 7). Due to increases in the number of 25 police and fire calls for service to the site over the past several years and the 26 24 hour operations proposed for the Project, the cost of police and fire 27 services necessary for the Project could exceed the additional revenue 28 generated by the Project. In which case, the Project could result in a neutral 29 or negative impact City's general fund. 30 31 6) The Project would result in the diversion of sales from existin�arocerx 32 stores within the Ukiah market area rather than in the expansion of sales 33 within the Ukiah market area. The Urban Decay chapter of the EIR estimates 34 that 85% of the sales from the Project would come from the Ukiah market 35 area and consumers traveling from outside of the market area would 36 generate the remaining 15% of sales (Draft EIR, page 4.3-14). The Urban 37 Decay chapter also indicates that market area residents would generate 38 $12.2 million in food store sales for the Project all of which would be diverted 39 from market area stores (Draft EIR, page 4.3-15, Table 4.3-5). This indicates 40 that the Project would not result in the expansion of sales within the market 41 area but rather the diversion of sales from existing stores. This is further 42 supported by the number and types of grocery stores within the Ukiah 43 market area. The immediate Ukiah area is served by conventional (Raley's 44 Safeway, Lucky), discount (Grocery Outlet, FoodMaxx), niche (Ukiah Natural 45 Foods), and ethnic (Chavez Market) grocery stores (Draft EIR, Appendix D, 46 page 29, table 8). The Ukiah market area extends north to Willits which Walmart Expansion Project Site Development Permit,Landscaping Modification,Statement of Overriding Consideration Planning Commission Resolution April 11,2012 13 1 provides additional conventional (Safeway, Ray's Food Place) and niche 2 (mariposa Market) grocery stores (Draft EIR, Appendix D, page 29, table 8). 3 4 7) The Project would not contribute adequate additional funds needed 5 for the infrastructure improvements to mitigate Project traffic and cumulative 6 traffic impacts. As of November 2, 2011, the Airport Industrial Park CIP fund 7 balance was $260,348.79. The Project would be required to pay $17,835.99 8 in capital improvement fees. The current fund balance with the contribution 9 from the Project would not be adequate to fund the improvements to the 10 Highway 101 southbound ramp and Talmage Road intersection identified as 11 mitigation measures in the EIR. 12 13 On March 7, 2012, the City Council voted to amend the City of Ukiah Capital 14 Improvement Plan 2009-2018 to include the improvements to the 15 intersection of Highway 101 southbound ofF ramp to Talmage Road (City 16 Council minutes from March 7, 2012 meeting). The funding for these 17 improvements would come from the bond proceeds acquired by the Ukiah 18 Redevelopment Agency. The bond funding will not be secured until the 19 Recognized Obligation Payment Schedule (R.O.P.S.) has been approved by 20 the State Department of Finance (March 14, 2012 Planning Commission 21 meeting transcript, page 160). The R.O.P.S. is required to be reviewed by an 22 oversight committee. Until this occurs, the bond funding is not a certainty. 23 24 CalTrans has permit authority over the design of traffic mitigations within 25 CalTrans right-of-way and some of the design for the proposed mitigation 26 measures may not conform to CalTrans standards (CalTrans letters dated 27 August 18, 2011 and January 25, 2012). CalTrans has recommended the 28 City withhold Project approval until feasible mitigation measures with cost 29 estimates have been developed (CalTrans letters dated August 18, 2011 and 30 January 25, 2012). Until funding has been secured and CalTrans has issued 31 a permit for the construction of the necessary traffic mitigations that would 32 be located within CalTrans right-of-way, the transportation and traffic 33 impacts identified in the EIR would remain unmitigated. 34 35 8) The City has existina 24 hour shoppina opportunities. In Airport 36 Industrial Park, FoodMaxx currently operates 24 hours a day, seven days a 37 week. FoodMaxx provides an opportunity for people to shop for discount 38 groceries 24 hours a day seven days a week within one block of the Project 39 site. Safeway operates 24 hours a day, seven days a week and provides an 40 opportunity for people to shop at a full service conventional grocery store 41 that includes a deli, bakery, florist, and pharmacy. The existing Walmart 42 store operates daily from 6 a.m. to midnight and could operate 24 hours per 43 day, seven days per week (October 25, 2011 letter from Jon Romeguera, 44 TAIT and Associates). The EIR for the existing Walmart store does not 45 include any conditions of approval or mitigation measures that restrict store Walmart Expansion Project Site Development Permit,Landscaping Modification,Statement of Overriding Consideration Planning Commission Resolution April 11,2012 14 1 hours and the Ukiah City Code does not restrict store hours (November 9, 2 2011 Planning Commission staff report, page 8). 3 An expansion of the existing store is not required for Walmart to provide 4 additional grocery sales area. The interior of the store could be reconfigured 5 to dedicate more square footage to grocery sales which would result in a 6 reduction of floor area dedicated to the sale of other merchandise. The 7 reconfigured store could operate 24 hours a day, seven days per week. 8 9 9) The Project could result in the loss of a full service grocery within 10 walking distance of a lower income neighborhood. Lucky grocery store is the 11 only grocery store within walking distance to the lower income Wagonseller 12 neighborhood. Many Wagonseller residents do not own vehicles and walk to 13 stores, including Lucky (November 9, 2011 Planning Commission meeting 14 transcript, page 112, lines 1-22, page 89, lines, 2-9, and page 77, lines 14- 15 16). Lucky grocery store could close as a result of the Project (Draft EIR, 16 pages 4.3-16 and 4.3-20). The closure of Lucky would result in the loss of 17 the only grocery store within walking distance of the Wagonseller 18 neighborhood making the shopping for necessities difficult for these 19 residents. 20 21 3. Based on the foregoing findings, the application for a site development permit is 22 denied. 23 24 PASSED AND ADOPTED this 11th day of April 2012 by the following roll call vote: 25 26 AYES: 27 NOES: 28 ABSENT: 29 30 31 32 33 Judy Pruden, Chairperson 34 35 ATTEST: 36 37 38 39 Cathy Elawadly, Recording Secretary 40 41 42 43 Walmart Expansion Project Site Development Permit,Landscaping Modification,Statement of Overriding Consideration Planning Commission Resolution April 11,2012 15 ATTACHMENT 2 See Agenda Item #4 : Approval of Minutes For the Draft Minutes from the March 14 , 2012 Planning Commission meeting ��c��hm�nt # - _ _ - � � 1 I�l � � � N � Y � c� �� �. � '�o � 12 L� , T� � � l ,� U � T� -�-o Y �7_ �,�� -1'.��I� .� --- � � ��-r—� �� p � —t-�-�1 � I�� �. — �l�-� rz--� ��z�� � l C � �rv�► ��'G. � � v� �� c� C !� --, � �. ,� /z� �'-7-r �� v�' �� �T-�-�l � ��',� D v`�' r � « �� �� ��� � �� � .� �� � � �� � � � � � � � �-� � u p ,� s � s ��� �� � � �`v � �- �" �- �P � � . . _ � l�� ��,� �� �'� f � � � �� � � c��r � � �= P ���� -� _ . � 1J�� � L� � � �--�j,-z. � Bi�� c ��- . �� � �� � � �� � 1��� � � � � l v l p � � / �'�""� .�VI � ,� �t' �� ��—.� � �� � � �r� ��a � � �r�� �� ��,� �� f� � � �� � �rr�- ` s ° � z �� � a �r� �'� � v �--�� a p� �,, ��. 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(� l ll� � ��V' � ��� �� r� l ,� � � � � �'' H � ! I-� � � � c� G o � v� �'� �'.� R � � �� �� S �� � � � { � � � ( � �-rr i�/ � ���r�v � � � `f �`o � D���1 v f' �Q v �. � � -- - Q � � T , ��� � � �� �" �x ,��� _ �oL �C� - - s� � � L 4pi �rlo� �' ���� � ������ Kim Jordan _ _ _ _ _ . _ __ __ _ __ _ __. _ _ _ _ _ _ - - _ _ _ ___ _ _ _ From: sue davies [daviesue@gmail .com ] Sent: Sunday, April 01 , 2012 11 :06 AM To: Kim Jordan Follow Up Flag: Follow up Flag Status: Completed PLEASE NO Walmart expansion projects ! ! ! ! ! This will only ruin other businesses . What is the gain to the city? ? It is not like Walmart is going to pack up and leave Ukiah with they have here now. Thank you. Sue Davies P.O. Box 630 Philo, CA 95466 i r ; Kim_Jor.dan _ _ _ _ _ _ _ _ _ --_ _ _ _ _ _ From : Pinky Kushner [pinkykushner@mac.com] Sent: Monday, March 12 , 2012 8:23 AM To: Kim Jordan Subject: comments Hi KIm , ' I realize that the Commission meeting will have no pubic comment , but would you please pass along the below comments to them ? 1 . The landscaping plans are inadequate , including use of existing tree wells instead of a planting strip , use of " grass - pave " , which is neither landscaping nor parking , lack of vegetation buffer to the north of the property as required , and inadequate screening to the east since the plan only mentions screening by the loading docks . A further concern is which trees are to be removed and why - - no diagram was provided . 2 . The traffic mitigation proposed is inadequate without California Department of Transportation review and endorsement . . 3 . The modifications of the canopy to the west does not provide shade for shoppers ; it appears to be merely decorative . 4 . There is no indication yet that the bus stop to the south will provide shade protection . 5 . The proposal is not in line with the goals of the City ' s General Plan . Thank you . Sincerely , Pinky . Kushner 504 N . Oak St . , Unit #1 Ukiah , CA 95482 i ) , ; Kim Jor-dan_ _ _ _ _ _ _ From : Robert Axt [raxt@pacific. net] Sent: Friday, March 02, 2012 11 :58 AM To: Kim Jordan Subject: Re: Walmart - Planning Commission Meeting 3/14/2012 Follow Up Flag : Follow up Flag Status: Flagged I seriously wish to point out that traffic and pavement condition of Airport Park Blvd MUST BE ADDRESSED before project approval . I will not be able to attend the meeting on the 14th, so I am asking you to present my concerns to the the Commission . They are far more critical than landscaping and pedestrian access. From : Kim Jordan Sent: Thursday, March 01, 2012 8:49 AM To: Albert Krauss ; Anita Luft ; Ann Ryan ; Annie Esposito ; Barbara Lamb ; Barbara McLean ; Bernadine Boek ; Brent Lorenz ; Carol Myer ; Caryn McCloskv ; Charlie Vaughan ; Charlotte Everett ; Craig Zachlod ; Dale La Forest ; Dan Baxter ; Danny Jaques ; Dann�Jaques ; Debby Vinson ; Dennis Darlina ; Dennis Scoles ; Dennis Slota ; Diane Durham ; Divora Stern ; Don Larsen ; Donna Mecca ; Donna Sheldon ; Drake ; Ede Morris ; Employers Council ; Frank Ganz ; Freddie Lona ; Gail Johnson ; gw ; Hafsa Stewart ; Harvey Monk ; HS Dakin ; Jacqueline Williams ; James Stoepler ; Janet Denninger ; Janie Shepqard ; Jeff Blankfort ; ]im and Wendy Pollitz ; Jim Houle ; Joan Griswold ; Joanie Stevens ; ]oe Re elski ; John Loveiov ; John Paiu ; Jon Dekruif ; Josh Lietz ; )oyce Kobetz ; Joyce Larson ; Julia Gallichio ; Julia Wood ; K Hartman ; Karen � Rifkin ; Kari Donatone ; Kau Chopin ; Ken & Kay Mucklow ; Ken Boek ; Ken Steelv ; Kerry Sullivan ; KL Sears ; Lasara Allen ; Lee Davis ; Lillian Hamel ; Lorna Maslenikov ; Lvnda McClure ; Lvnn Davis ; Madelyn McCauly ; Marcela Reis ; Maraaret Henderson ; Mark Arcamonte ; Mary Anne Miller ; Mendocino Eounty Library ; Mendocino Countv Planning Director ; Monty McDowell ; Nancy Nelson ; Nona Perrv ; North Coast Builders Exchanae ; Pascal Milon ; Peaay Dart ; Peter Good ; Pinky Kushner ; Randy Falk ; Raul Ruiz ; Renee Comte ; Rex Ramsev ; Rob Buraess ; Robert Axt ; Robert Wera ; Robin Sunbeam ; Ron Epstein ; Rosemay Janiak ; Ross Mayfield ; Ruth Sander ; Sandra Wilhite ; Sandy Marshall ; Sandv Turner ; Scot Stegeman ; Scott Miller ; Scott Taylor ; Serena Stanford ; Sharon Marshall ; Shonuel & Don Duel ; Steve Scalmanini ; Susan Boilina ; Susan Knopf ; Tara MaMilin ; Tara Sufiana ; Terry d'Selkie ; Terrv Poplawski ; Therea McNerlin ; Thomas Rav ; Tina Klishevich ; Trudy Morgan ; Ukiah Chamber of Commerce ; Ukiah Daily Journal ; V Dakin ; Victor Hoosac ; Virginia Reynolds ; William Durham ; Alan Nicholson ; Estok Menton ; Howie Hawkes ; Nick Thayer ; Tom Hise ; Tom Liden ; Jason Brenner ; Kevin Doble ; Linda Sanders ; tmaviation(c�pacific. net ; Pruden Judv Subject: Walmart - Planning Commission Meeting 3/14/2012 The public notice for the next Planning Commission meeting for the Walmart Expansion Project is attached . Please Note: Public comment on this item was closed at the February 8, 2012 Planning Commission meeting. At the March 14, 2012 meeting, Planning Commission Is being asked to review, comment and provide direction to staff on the Site Development Permit, Landscaping Modifications, and Statement of Overriding Considerations. No decision will be made at the meeting. If you have any questions or would like to discuss the project or process, please feel to contact me. 1�i.t�Jor�an. Senior Planner City of Ukiah Planning and Community Development Department 300 Seminary Avenue, Ukiah, CA 95482 (707) 463-6207 (707) 463-6204 fax website: www.citvofukiah .com P/ease note: City of Ukiah offices will be closed every Friday starting luly 15, 2011 during the Fiscal Year 2011/2012 due to budget cuts. � i 1 Kim Jordan _ � _ _ --- _ _ _ From : bodhirobin @ pacific. net Sent: Thursday, February 09, 2012 1 : 32 PM To: Kim Jordan Subject: [Fwd: Ukiah Walmart Supercenter application] I forgot to sign my letter R � - - - - - - - - - - - - - - - - - - - - - - - - - - - - Original Message - - - - - - - - - - - - - - - - - - - - - - - - - - - - Subject : Ukiah Walmart Supercenter application From : bodhirobin�apacific . net � Date : Thu , February 9 , 2012 13 : 28 To : kiordan(�CitvofUkiah . com - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dear Ms . Jordan , There are several good and valid reasons why Ukiah doesn ' t need a Walmart Superstore . 1 . There is a big box grocery store right down the block , FoodMaxx . Why do we need another one in the same shopping center ? 2 . The Ukiah area already is saturated with grocery stores , and we don ' t need another one . 3 . Walmart will take market share from the other grocery stores in the area using cheaper prices and the all - under - one - roof attractions , resulting in less traffic at Raley ' s shopping center , Pear Tree Center , the Safeway area , Calpella Superette , and the Forks . Urban decay will result . 4 . Walmart will add 85 low - paying jobs that will replace the higher paying union jobs at the established grocery stores when their market share declines . 5 . TMe key to local prosperity is to keep the wealth here in our locality . Small business is the backbone of the economy , and fosters local economic health . Let ' s patronize our local stores and keep our money circulating here in Mendocino County rather than leeching off our assets to Walmart stockholders and CEO ' s . 6 . The Walmart Superstore is open 24/ 7 . Who goes to the grocery store at 3am that would justify keeping on a full staff and utilities ? Travelers looking for a place to park their motorhome free for a week , and tweakers . The Walmart Superstore will attract more of these categories of people to our valley . I URGE YOU TO DECLINE THE WALMART EXPANSION TO A SUPERSTORE AND KEEP WALMART AS I5 . Sincerely , Robin Sunbeam ' PO Box 1133 , Ukiah , CA 95482 707 - 467 - 3934 � 1 1 ; Kim_.J.ordan __ _ _ _ _ - - _ _ _ _ _ _ _ _ _ _ _ From : Peggy Backup [pbackupl @gmail.com] Sent: Thursday, February 09, 2012 2: 18 PM To: Kim Jordan Subject: Walmart expansion Kim Jordan, City Planner, Thank you for the opportunity to comment on the proposed expansion of Walmart. I am opposed to the Walmart expansion for multiple reasons. It jeopardizes existing jobs at stores it may put out of business . I shop at many of these stores and would hate to lose them. It is more prudent and resilient for any community to have several grocery options, rather than consolidating the majority of sales in one location. The quality of the jobs Walmart would create is inferior to the existing jobs it would replace. I do not want my tax dollars subsidizing more low-wage, no-benefit positions. The increased traffic would create safety issues concerning access to 101 , and the expense would largely be borne by taxpayers. I am working to increase local food production, and the ability of local grocery stores to purchase that food. I think it would be much more difficult (and unlikely) for local producers to sell to Walmart. If we have the vision of a future Ukiah food system that is more self-reliant and more sustainable than the current one, how would the proposed Walmart expansion allow us to achieve that goal? I am not able to identify a single long-term benefit to the greater LTkiah community. Peggy Backup 2274 Road E Redwood Valley, CA 95470 i ; Kim-Jor-dan _ _ _ _ - - _ _ _._._ - __ _ __ _ __ _ _ _ _ _ _ _ From : jessica lee [jlee331 @yahoo.com ] Sent: Wednesday, February 08, 2012 8: 11 PM To: Kim Jordan Subject: Walmart expansion- nay - Follow Up Flag : Follow up � Flag Status: Flagged K.Jordan- I am briefly writing to note my disapproval of the Walmart expansion. So many others have eloquently argued against it. I will spare you my attempts and just say that I think the expansion is not a good thing Thank you, Jessica Lee � 1 A � Kim Jordan_ _ : _ _ _ _ _ From : KathyJohnson [kljsplace@gmaii . com ] Sent: Wednesday, February 08, 2012 6:53 PM To: Kim Jordan Subject: Walmart Expansion To : Kim Jordan, City of Ukiah Re : Walmart Expansion As a resident who lives on the east side of 101, it's been such a relief after a year of bridge renovation to return to a normal traffic pattern with wider pedestrian lane from Talmage to Ukiah . I have strong concerns that this may now be undone by greater bottleneck onto Airport Park Blvd . created by an expanded Walmart. Also, having to solve a freeway exit's increased flow with a roundabout seems like backwards thinking. Why are we creating these problems for ourselves? Don't we have enough grocery stores and garden centers in Ukiah ? As a wheelchair user, the busy parking lot is already dodgy. The overflow parking spots at the north of the current building that coincide with areas where homeless individuals and their dogs collect can be nervous- v' r f her out uts wheelchair f us who are a little more vulnerable • ha in to a k art users in makin for those o , g p p g the uncomfortable position of avoiding cars through the lot. It's hard to see how these issues won't be exacerbated by more store, more traffic, and alcohol sales. I' m in the lucky position to drive a car and have a fast wheelchair. Others on foot with canes/ walkers or using manual wheelchairs may find it even harder to safely make their way from Talmage or the other side of Airport Park Blvd . to the store front. Please consider carefully the need for safety for those of us who daily travel to and past this destination by all modes of transport . KathyJohnson i ? i Kim Jordan _. _ . _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ � From : Antonio Andrade [asand@pacific. net] Sent: Wednesday, February 08, 2012 2 :49 PM To: Kim Jordan Subject: Wal-Mart Expansion Kim � Thank you for taking the time to read my brief comment. I can recall when the 1 St commercial use started in the shopping area off Talmage Road in what was initially designated as an industrial park. As the years have passed , this area morphed into what it has become . At each stage there have been assurances that the overall plan for the area would be maintained . When Wal-Mart was 1 St approved , they did not want to spend the money to improve the freeway off ramp to handle the additional traffic . Now we are being asked by Wal -Mart to accept less landscaping than they originally agreed to when they came to town . At some point we have to say no, you are asking too much . I encourage the City to make the determination that this proposed project does not warrant nor merit approval of this project because it does not qualify for a "Statement of Overriding Considerations" . In short the impacts oufinreigh the benefits . ' Regards Antonio Andrade 405 Cypress Ave Ukiah , CA 95482 i ' . % Kim Jordan _ _ _ _ __ _ - ---- - _ _ _ _ _ _ -- _ __- _ .___ _ . From : Donna Mecca [dmeccal @comcast. net] Sent: Wednesday, February 08, 2012 2:33 PM To: Kim Jordan Subject: tonights meeting I ' m writing again to ask you to consider the consequences of allowing Walmart ' s further intrusion into our community . I realize the hour is late but I hope my comments can be submitted to the Planning Commission before they make another decision . I have attended the last 2 meetings but am unable to attend tonight . Can we not move from a community on the defensive to a community that has a vision and moves toward creating / maintaining that vision ? I applaud the city ' s efforts with the Main Street Project and it ' s support of community projects like Pumpkinfest , First Friday Art Walks , and Shop Local . These things are difficult in our economy . But if you put up banners encouraging our community to eat / shop local how can you in good conscience encourage corporate take over of our local businesses ? A few days ago I read an article in the 7ournal about the possible closure of the Ukiah Farmers Market . , Both the Saturday and Tuesday markets are struggling and our community is not able to support local farmers enough to make � it profit�able for them to continue their efforts . Hooray for Walmart . Nutritious food should not be an elitist issue but should be available to all income levels . It could be argued that Walmart is able to provide that food at a price our community can afford . But as you know, cheap food comes at a high cost . . . . to someone . Namely the foreign farmers who do business with them who get paid less than a profitable wage , the environment where regulations allow farming practices which are not allowed here , the workers who get paid minimum wages . . . . you know the list . If that is not enough of . a concern to you , consider our local farmers who lose their business and their livelihood while we lose their contribution to our community . ( Tourists may visit Ukiah to experience the area ' s agricultural gifts , they won ' t visit to experience Walmart ) Walmart has even usurped the idea of organic produce , which is a real insult to an agricultural community . How organic can it be to ship strawberries from a different continent in cargo ships that are polluting the oceans , then transfer the berries to trucks ' ( not even railroads ) burning hugh amounts of fossil fuels to poison our air . Organic implies local and our local farmers need community support . Could we use our time to figure ways to help make our local food products affordable rather than using it to defend our � community from corporate invasion ? We ' ll need to be creative and it will take effort , but to succumb to what looks like cheap food brings further destruction to the local businesses that can help us improve our community . In today ' s paper Walmart states they are proposing this increase in " response to requests from their customers " . ( 1 ) " customers " could be 4 people ( 2 ) who else might request this except people who are already shopping at Walmart ( 3 ) customers could be employees who have a vested interest . None of this means it is a good plan for our community . Walmart calls their proposal an expansion , and for them , it is . But for Ukiah it is a contraction ; a reduction in the quality of our environment and a reduction in the autonomy of community . Once more , I urge you to reject this expansion . Donna Mecca i ' i Kim_.Jordan_ _ _ _ _ _ _ _ _ __ � _ _ _ - - _ _ _ _ _ _ _ _ _ _ From : Jacqueline M Lee [jacquiegarden@comcast. net] Sent: Wednesday, February 08, 2012 12:35 PM To: Kim Jordan Subject: Wal Mart Expansion I am not for the expansion of Wal Mart . I am sure everything that I do not like about Wal Mart has already been said . Sincerely , 7acqueline Lee ( 7acquie ) Redwood Valley ' 1 ; ; Kim Jordan - - _ � __ ____ _ _ _ _ . From : bill love [walove5@hotmail .com ] Sent: Tuesday, February 07, 2012 12:35 PM � To: Kim Jordan Subject: Walmart expansion Yesterday I received a flier urging me to oppose Walmart's expansion . My wife and I are retired and live on a fixed income. We certainly don't approve of many of Walmart's policies but we need their prices. Register this as a vote against the seifish crazies who support school street at the expense of those of us that can't afford to shop on school street. William and Elizabeth Love � 1 1 / Kim Jordan _ _ _ . _ _ _ _ _ _ _ _ _ _ From: Dale Greenlee [dalo@pacific. net] Sent: Saturday, February 04, 201210:25 PM To: Kim Jordan Subject: Input on Walmart Expansion Kim , Here's input from a 22 yr resident of Ukiah : ' 1 . There has been no significant increase in population in finro decades. . 2 . Majority of inerchandise is of Chinese origin . Do we need more? 3 . Can this low income community, and surrounding areas , support a huge 23/7 Wal-Mart, AND what if COSTCO comes? 4. Food Maxx already sells food at lower prices that the " Big Three" . 5 . Off ramp at Talmage is occasionally backed all the way out to the freeway now. 6. Why more low paying jobs just because they are all in one location ? 7 . If small businesses are the cause of new jobs , why a mammoth orgn ? Certainly private businesses offer a wider selection of locally made and unique merchandise . , For what it's worth , The Greenlee family i ; i Kim Jordan - _ __ _ _ _ _ _ _ _ - - _ __ : -- From : EDWARD KNOLL [eknolll @sbcglobal . net] Sent: Saturday, February 04, 2012 2:53 PM To: Kim Jordan Subject: Walmart Expansion . If you' re going to hold up Walmart expansion to save local jobs, then you need to seriously consider limiting HandR Block, Jackson Hewitt, andLibertty tax services . . . . lots of local tax preparers (Local ! ) have to put up with this. Edward Knoll , 350B EI Rio Ct Ukiah CA 95482 eknolll @sbcqlobal . net 1 1 % Kim -Jordan _ _ _ _ _ _ _ _ __ _ . _ . _ _ __ _ From : JoAnne Currie Sent: Monday, January 30, 2012 10:03 AM To: Kim Jordan Subject: Walmart-FW : City Website Inquiry to City Clerk JoAnne Currie - - - - - Original Message - - - - - From : tstoekl . com(��ator449 . host�ator . com [ mailto : tstoekl . com(��ator449 . host�ator . com ] Sent : Saturday , 7anuary 28 , 2012 12 : 08 PM To : 7oAnne Currie Subject : City Website Inquiry to City Clerk 7oAnne Currie email : tstoekl . com realname : Company : Name : terence stoekl Title : mr . Mailing_Address : PO 71 City : Talmage State : CA Zip : 95481 Phone : Contact_Method : by E - Mail Comment : RE : Walmart expansion : Who needs it ? Ukiah has 3 Supermarkets , a natural foods store , 2 well - stocked Mexican -American markets , and several convenience stores . Walmart is already HUGE . Any low - paying jobs they may create will be offset by job losses and layoffs at other stores . The city will be on the hook for infrastructure improvements , and traffic conditions in the area will deteriorate drastically . The advent of the big chain stores has already doomed several local businesses . Due to the fact that the great majority of Walmart jobs neither pay a living wage , nor offer health benefits , our County and State Social Services will be stuck with additional expenses covering those Walmart employees without benefits , or adequate income . And finally , the 4 Walmart heirs individually , are obscenely rich with net worths averaging in excess of $20 billion each . I urge the City Council to do the right thing : join with the 99% and be on the right side of history . ---------1-- - ---- ----------- ------ - __�_�������__ __ __________�_� ����� � - REMOTE HOST= ' REMOTE ADDR=209 . 204 . 185 . 203 HTTP_USER_AGENT=Mozilla / 5 . 0 ( Windows NT 5 . 1 ; rv : 2 . 0 . 1 ) Gecko/ 20100101 Firefox/4 . 0 . 1 REMOTE USER= i / Kim Jordan _ __ _ _ _ From : Tara Sufiana [tarasufiana@starband . net] Sent: Friday, January 27, 2012 2:56 PM To: � Kim Jordan Subject: Re: Walmart - Planning Commission Meeting 1 /25/2012 Dear Kim, I did so want to attend the January Walmart Expansion prospect meeting on Jan. 25 . A7as, unable to attend, I wrote you and others instead. I forgot to mention how the increasing traffic in iJkiah is creating pollution; even a smog problem. For those living in the town of Ukiah, they may not notice, as they adapt (although it is still unhealthy) . When I drive down Orr Springs Road to Ukiah, I can see the smog over the city, especially in the summertime. Sometimes, I just want to turn back. Walmart expansion would just increase this problem with more traffic. Before it is too late, we need to curb growth that involves traffic. Who wants to live in a smog- filled town? Even though I live outside the center, I do love my town of Ukiah, and am involved in many activities, as well as needing to buy my provisions there. Let us honor the beautiful nature that we have, and respect both the environment and our own health need for cleanliness and beauty. Thanks for your work on this issue. Best wishes, Tara Sufiana On Jan 19, 2012, at 2: 20 PM, Kim Jordan wrote: At the January 18, 2012 City Council meeting, the Council held a public hearing on the appeal of Planning Commission' s 12/14/2012 decision to certify the Walmart Expansion project Environmental Impact Report (EIR) . The City Council voted (4- 1 ) to deny the appeal and uphold Planning Commission' s certification of the EIR. Since the EIR has been certified, the Planning Commission will continue its review of the Walmart Site Development Permit associated landscaping modifications and Statement of Overriding Considerations at the regular meeting of January 25, 2012 meeting. The public notice for the 1/25/2012 Planning Commission meeting is attached. Public comment provided in writing and sent to me after the 12/14/2011 Planning Commission meeting (including those addressed to the City Council as part of the appeal) have been sent to Planning Commission as part of the packet for this item. If you have any questions, please feel free to contact me. Please remember that in order to have your comments on the record they need to be submitted in writing so that they can be added to the Walmart project file. Comments provided at the public hearing are also considered part of the record. i , , , ,, ; I �if��'orc�avi _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ __ _ _ _ _ _ ___ __ _ . Senior Planner City of Ukiah Planning and Community Development Department � 300 Seminary Avenue, Ukiah , CA 95482 (707) 463-6207 (707) 463-6204 fax website : www.citvofukiah .com Please note: City of Ukiah offices will be closed every Friday starting July I5, 2411 during the Fiscal Year 2011/2012 due to budget cuts. , <Walmart Notice 01252012_Mail & Email.pdf> 2 , ; � i Kim- Jordan - __._ __ __ __ ._.__ . _ _ - ._ _ _ _ _ _ _ : _ _ _ . _ From : Charley Stump Sent: Monday, February 13, 2012 7: 12 AM To: Kim Jordan . Subject: FW: Save Ukiah and Local Jobs FYI From : Susan Stewart [mailto :arammacamera@saber. net] Sent: Thursday, February 09, 2012 8 : 11 PM To: Charley Stump • Subject: Fw: Save Ukiah and Local Jobs - Origmal_Message - From`: Susan Stewart _ - _ - To: kiordanQcitvofukiah .com Sent: Thursday, February 09, 2012 8:05 PM Subject: Save Ukiah and Local Jobs 1 am totally against Walmart's planned expansion. It would be of no benefit to Ukiah. Walmart does not provide a living wage. It could also close down stores that do pay well. Don 't let this happen . Susan C. Stewart 1 \ � � . Kim Jordan __ _ _ _ _ _ _ _ _ . - _ _ _ - - _ _ _ _ _ _ _ _ _ __ _ _ _ __ - _ _ From : Charley Stump Sent: Monday, February 13, 2012 7: 11 AM To: Kim Jordan Subject: FW : Walmart Expansion ' FYI From : Kathy Johnson [mailto : kl 'Lsplace gmail .com] Sent: Thursday, February 09, 2012 5 : 37 PM To: Charley Stump Subject: Walmart Expansion To : Kim Jordan, City of Ukiah cc: Charley Stump, Planning Director Re : WalmartExpansion As a resident who lives on the east side of 101, it's been such a relief after a year of bridge renovation to return to a normal traffic pattern with wider pedestrian lane from Talmage to Ukiah . I have strong concerns that this may now be undone by greater bottleneck onto Airport Park Blvd . created by an expanded Walmart. Also, having to solve a freeway exit's increased flow with a roundabout seems like backwards thinking. Why ; are we creating these problems for ourselves? Don't we have enough grocery stores and garden centers in , Ukiah ? As a wheelchair user, the busy parking lot is already dodgy.The overflow parking spots at the north of the ' current building that coincide with areas where homeless individuals and their dogs collect can be nervous- making for those of us who are a little more vulnerable; having to park farther out puts wheelchair users in the uncomfortable position of avoiding cars through the lot. It's hard to see how these issues won't be exacerbated by more store, more trafFic, and alcohol sales. �, I' m in the lucky position to drive a car and have a fast wheelchair. Others on foot with canes/ walkers or using manual wheelchairs may find it even harder to safely make their way from Talmage or the other side of Airport Park Blvd . to the store front. Please consider carefully the need for safety for those of us who daily travel to and past this destination by all modes of transport. KathyJohnson i � � � � Kim Jordan- _ -_ _ - _ _ _ _ _ _ _ - _ _ _ _ _ From : Charley Stump Sent: Monday, February 13 , 2012 7:33 AM To: Kim Jordan Subject: FW: [Fwd : Ukiah Walmart Supercenter application] FYI - - - - - Original Message - - - - - From : bodhirobin(�pacific . net [mailto : bodhirobin(�pacific . net ] Sent : Thursday , February 09 , 2012 1 : 35 PM To : Charley Stump Subject : [ Fwd : Ukiah Walmart Supercenter application ] Dear Mr . Stump , There are several good and valid reasons why Ukiah doesn ' t need a Walmart Superstore . 1 . There is a big box grocery store right down the block , FoodMaxx . Why do we need another one in the same shopping center ? 2 . The Ukiah area already is saturated with grocery stores , and we don ' t need another one . 3 . Walmart will take market share from the other grocery stores in the area using cheaper prices and the all - under - one - roof attractions , resulting in less traffic at Raley ' s shopping i center , Pear Tree Center , the Safeway area , Calpella Superette , and the Forks . Urban decay ; will result . 4 . Walmart will add 85 low - paying jobs that will replace the higher paying union jobs at the ' established grocery stores when their market share declines . 5 . The key to local prosperity is to keep the wealth here in our locality . Small business is the backbone of the economy , and fosters local economic health . Let ' s ' patronize our local stores and keep our money circulating here in Mendocino County rather than leeching off our assets to Walmart stockholders and CEO ' s . 6 . The Walmart Superstore is open 24/ 7 . Who goes to the grocery store at 3am that would . justify keeping on a full staff and utilities ? Travelers looking for a place to park their motorhome free for a week , and tweakers . The Walmart Superstore will attract more of these categories of people to our valley . � • I URGE YOU TO DECLINE THE WALMART EXPANSION TO A SUPERSTORE AND KEEP WALMART AS I5 . Sincerely , Robin Sunbeam PO Box 1133 , Ukiah , CA 95482 707 - 467 - 3934 1