HomeMy WebLinkAbout11092011 - packet CITY OF UKIAH
PLANNING COMMISSION AGENDA
November 9, 2011
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 September 28, 2011 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 items on this agenda, an appeal must
be received by the City Clerk no later than Monday November 21, 2011 at 5:00 p.m.
7. SITE VISIT VERIFICATION
8. VERIFICATION OF NOTICE
9. PUBLIC HEARINGS
A. Walmart Expansion Project Environmental Impact Report (File Nos.: 09-
42-EIR-PC/09-28-SDP-PC). Conduct a public hearing, take public and provide
Planning Commission comment, and possibly adopt a resolution to certify the
Walmart Expansion Project Environmental Impact Report (EIR). The project
proposes a 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
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.
center on the 13.44 acre site located at 1155 Airport Park Boulevard, APN 180-070-
38, in the Airport Industrial Park. 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 EIR analyzes an addition
of 52,320 square feet for a total store size of 161,350 square feet (a 3% increase of
the proposed square footage). The expansion of the store requires approval of a
Major Site Development Permit.
The P/anning Commission he/d a pub/ic hearing on the Wa/mart Expansion
Project Draft EIR on August Z0, 20iZ,
B. Walmart Expansion Project Site Development Permit (File Nos.: 09-28-
SDP-PC). Conduct a public hearing, take public comment and provide Planning
Commission comment, and provide direction to staff on the Walmart Expansion
Project Major Site Development Permit, 1155 Airport Park Boulevard, APN 180-070-
38, in the Airport Industrial Park. The project proposes a 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.
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.
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 September 28, 2011
3 Minutes
4
5 COMMISSIONERS PRESENT COMMISSIONERS ABSENT
6 Judy Pruden, Chair None
7 Jason Brenner
8 Linda Helland
9 Linda Sanders
10 Mike Whetzel
11
12 STAFF PRESENT OTHERS PRESENT
13 Kim Jordan, Senior Planner Listed below, Respectively
14 Jennifer Faso, Associate Planner
15 Greg Owen, Airport Manager
16 Cathy Elawadly, Recording Secretary
17
18 1. CALL TO ORDER
19 The regular meeting of the City of Ukiah Planning Commission was called to order by
20 Chair Pruden at 6:00 p.m. in the Council Chambers of the Ukiah Civic Center, 300 Seminary Avenue,
21 Ukiah, California.
22
23 2. ROLL CALL
24
25 3. PLEDGE OF ALLEGIANCE - Everyone cited.
26
27 4. APPROVAL OF MINUTES — August 10, 2011 &August 24, 2011 meeting minutes.
28 Commissioner Helland made the following changes to the August 10, 2011 meeting minutes:
29 • Correct the spelling of public speaker, Ike Hites to Ike Heinz.
30 • Page 18, line 4, sentence to read, `....of Mendocino County only increased by 1.8% over 10
31 years.
32 • Page 21, lines 52-54, sentence to read, `Bicycle planning experts at UC Davis say that a bike
33 route should only be signed and established if bike routes offer a higher degree of service than
34 alternative streets and if some of the follow apply: ............'
35
36 Commissioner Sanders made the following changes to the August 10, 2011 meeting minutes:
37 • Page 22, line 35, sentence to read, `This is a comment for the General Plan consistency
38 determination because it only addresses construction.'
39 • Page 25, line 5, sentence to read, `It is not her understanding that the general practice of Walmart
40 uses staff to patrol their parking lot.'
41
42 M/S Helland/Whetzel to approve August 10, 2011 minutes, as amended.
43
44 M/S Sanders/Whetzel to approve August 24, 2011 minutes, as submitted.
45
46 5. COMMENTS FROM AUDIENCE ON NON-AGENDA ITEMS
47
48 6. APPEAL PROCESS—Chair Pruden read the appeal process. For matters heard at this meeting,
49 the final date to appeal is October 11, 2011.
50
51 7. SITE VISIT VERIFICATION - Site visit for agenda item 9B was verified.
52
53 8. VERIFICATION OF NOTICE — Agenda items 9A & 9B were properly noticed in accordance with
54 the provisions of the Ukiah Municipal Code.
55
MINUTES OF THE PLANNING COMMISSION September 28, 2011
Page 1
1 9. PUBLIC HEARING
2 9A. Variance File No. 11-12-VAR-PC: Conduct a public hearing for a request for Planning
3 Commission approval of Major Variances to allow a pool (Accessory structure) to be located in
4 the required front setback and less than 15 feet from the front property line and to allow a 6-foot
5 fence to be located within the required front setback at 326 Washington Avenue, APN 003-520-
6 17.
7
8 Associate Planner Faso gave a staff report:
9 • The subject property is a corner lot in the R-2 zoning district that has by definition two fronts, a
10 side and a rear. As such the yard area located on the South Dora Street side is considered a front
11 yard. The applicant proposes to locate the pool five feet from a front property line. A variance is
12 required for the pool to be located in this location.
13 • The applicant proposes to locate a pool within the front yard located along South Dora Street.
14 The zoning code does not allow accessory structures in front yards. A variance is required for the
15 pool to be located within a front yard.
16 • The subject property has an existing six-foot fence that was constructed on top of the retaining
17 wall. A variance is required to allow a six foot fence to be located within the front setback.
18 • Having two fronts, the property owner is limited to a three-foot tall fence within the property lines
19 along both Washington Avenue and South Dora Street of this property. This would limit the
20 useable private yard space for this particular lot. The building code requires properties that
21 contain pools have a five-foot high fence to enclose the pool. With two front yards the property
22 owner is limited to the useable yard space for this particular lot because of the location of the
23 existing structures.
24 • The zoning ordinance defines the development standards for yard setbacks within the R-2 zoning
25 district. The setback requirements for this district are: Front: 15 ft. for dwellings and accessory
26 structures; Side: 10 feet; Rear: 15 feet.
27 • The project requires the approval of three variances to allow 1) an accessory structure (pool) to
28 be located within the required 15-foot front yard setback. 2) a pool to be located within a front
29 yard setback. 3) a six-foot fence to be located within the front yard setback.
30 • The necessary findings supporting approval of the three variances are included in the staff report.
31 • The project is consistent with the Ukiah General Plan and corresponding zoning district
32 requirements as provided for in staff's analysis of the project
33 • Staff is recommending approval.
34
35 Commission:
36 When was the existing six-foot fence constructed?
37
38 Staff: Public Works records indicate the City constructed a retaining wall along the perimeter of the
39 subject parcel in the 1960s and the fence was constructed on top of the retaining wall at some point over
40 the last 20 years.
41
42 PUBLIC HEARING OPENED: 6:13 p.m.
43
44 Michael Jenne': Neighbors have indicated the fence was constructed in the late 1960s shortly after
45 construction of the retaining wall and house.
46
47 Commission:
48 Q1. Referred to the applicanYs letter that explains the nature of the project and requested clarification
49 what the applicant meant to request is the east side of the property that borders Dora Street be changed
50 from front yard to rear yard.
51 Q2. Asked about the retaining wall that borders Dora Street and whether construction of a pool would
52 be a problem as far as pressure on the wall.
53
54
55
MINUTES OF THE PLANNING COMMISSION September 28, 2011
Page 2
1 Michael Jenne':
2 A1. Reference to the west side of the property was a typographical error and should be the east side
3 of the property.
4 A2. The project must comply with all engineering standards associated with the construction of a
5 swimming pool. The retaining wall on the Dora Street side will be reinforced using steel and concrete
6 materials to make certain the wall can support the weight of a swimming pool.
7
8 Staff: A building permit will be required for construction of the pool. Public Works along with the Building
9 Department will review the building permit application and if approved monitor the construction.
10
11 PUBLIC HEARING CLOSED: 6:15 p.m.
12
13 Commission:
14 • The property is unique.
15 • Privacy would not be an issue if the applicant decided a five-foot in height fence would be
16 sufficient as opposed to six-foot fence.
17
18 PUBLIC HEARING REOPENED: 6:20 p.m.
19
20 Commission:
21 Q1: What are the plans for the fence? Do the applicants intend to replace the existing six-foot fence
22 with a six-foot new fence?
23 Q2. Will the variance allow for a six-foot fence on all sides in the front setback? Requested
24 clarification the property will be fenced on three sides of the property to include a six-foot high fence on
25 the northern boundary, approval of Variance 1 will allow a six-foot in height fence on the Dora Street side
26 and what about the three-foot chain link fence on the Washington Avenue side in front of the house.
27 Q3. Would it be a problem to replace the existing six-foot fence with a better material? Should the
28 type of material be an issue?
29
30 Michael Jenne'/Patricia Jenne':
31 A1. The intent is to repair the existing six-foot wooden fence that runs along the Dora Street side of
32 the lot.
33 A2. There is an existing chain link fence in the front yard that faces Washington Avenue and this will
34 remain. Part of the fence on the Dora Street side is three feet.
35
36 Staff: The applicant is not proposing to change the fencing that currently exists, but rather is legalizing
37 what is there.
38
39 Staff:
40 A3. Should the Commission grant the variance for a six-foot wood fence then overtime if the fence is
41 repaired or replaced, it would be in the same location as approved or in a better location as it relates to
42 the zoning rules, which would be a further setback. This is not a condition of approval, but rather how
43 variances work.
44
45 Chair Pruden: The applicant may choose to use a different type of material, such as PVC or some type
46 of decorative wood. The Commission would not like to see a chain link fence with slates. Does the
47 Commission need to specify materials such that a chain link fence cannot be constructed in the future?
48
49 Staff:
50 • It appears the Commission would not be comfortable with a variance if the fence were chain link
51 or chain link with slates. One of the reasons fences are required to be setback from front property
52 lines is because of community design issues and consideration for pedestrian orientation. It may
53 be the Commission should condition the project that the fence shall not be chain link or chain link
54 with slates.
MINUTES OF THE PLANNING COMMISSION September 28, 2011
Page 3
1 • What the Commission is saying is rather than require a 15-foot setback for a six foot fence they
2 will support a variance to allow for a zero setback but in exchange for zero does not want to see a
3 chain link with slates.
4
5 PUBLIC HEARING CLOSED: 6:25 p.m.
6
7 Commission consensus:
8 • Variance 1 —Accessorv structures (pool) located in front yard setback.
9 Agrees with staff's analysis.
10 • Variance 2— Pool to be located in side and rear yards.
11 Agrees with staff's analysis.
12 • Variance 3—Six-foot fence in front setback.
13 Agrees with staff's analysis.
14 • Is okay with other fencing materials except a chain link fence because this type of fencing
15 material does not have the design compatibility the Commission would want to see in a
16 neighborhood.
17 • Add a finding for Variance 3 that if the fence is replaced or repaired it shall not be constructed of
18 chain link or chain line with slates. This is to ensure the fence at the zero lot line will not have an
19 impact on pedestrians.
20
21 M/S Sanders/Whetzel to approve Variance File No. 11-12-VAR-PC with Findings 1-4 as provided for in
22 attachment 1 and Conditions of Approval 1-7 as provided for in attachment 2 with the addition of a
23 condition the fence cannot be chain link and the addition of a finding the setback for the fence can be a
24 zero lot line provided the fence is not chain link. Motion carried (5-0).
25
26 MINOR VARIANCE FINDINGS TO APPROVE A REQUEST FOR THREE VARIANCES NEEDED TO
27 CONSTRUCT A POOL AT 326 WASHINGTON AVENUE.
28
29 The following findings are supported by and based on information contained in this staff report, the
30 application materials, and the public record.
31
32 1. See General Plan and Zoning Section of the staff report.
33
34 2. The following special circumstances apply to the subject property; therefore the strict
35 application of the code will deprive the property owner privileges enjoyed by other properties
36 within the R-2 zone.
37
38 Variance 1 Section 9035(A): Accessorv structures (pool) located in front vard setback.
39
40 A. The subject property is located on a corner and therefore by zoning code definition the
41 parcel has two fronts, a side and rear yard.
42 B. With two front yards the property owner is limited to the useable yard space for this
43 particular lot because of the location of the existing structures.
44 C. The site is developed with a single family dwelling and attached accessory structure that
45 take up much of the useable yard. The side yard of this parcel is only 5 feet wide (see
46 attachment 4, site photo)which does not allow enough room for a pool to be installed.
47 D. This particular corner parcel is unique in that it is surrounded by a 5 foot retaining wall
48 that runs parallel to the city sidewalk making the Dora Street frontage non-visible or
49 accessible from the public right of way. No other corner parcels in the area, and possibly
50 the city are configured similar to the subject parcel in that they are contained within a
51 retaining wall that sits above the public right of way.
52 E. If the property owner is held to the current regulations in regards to structures in the front
53 yard he would not be able to install a pool.
54
MINUTES OF THE PLANNING COMMISSION September 28, 2011
Page 4
1 Variance 2 Section 9176: Pools to be located in side and rear yards.
2
3 A. The subject property is located on a corner and therefore by zoning code definition the
4 parcel has two fronts. This limits the useable yard space for this particular lot to construct
5 a pool.
6 B. The parcel is developed with a single family dwelling and attached accessory structure
7 the structure is located towards the rear of the property leaving only five feet of rear yard
8 area, which does not allow enough room for a pool to be located.
9 C. If the property owner is held to the current regulations in regards to allowed pool locations
10 he would not be able to install a pool.
11 D. Because of the uniqueness of this particular lot the yard area defined as the front yard
12 which runs along Dora Street is not visible or accessible from the public right of way.
13
14 Variance 3 Section 9178 Six foot fence in front setback.
15 A. The subject property is a corner lot that has by definition two fronts. The property owner is
16 limited to a 3 foot tall fence along both Washington Avenue and South Dora Street of this
17 property. This limits the useable rear yard space for this particular lot.
18 B. The Building Code requires that properties that contain pools have at least a five foot
19 fence.
20
21 3. The issuance of these variances will not constitute a grant of special privilege based on
22 the following:
23
24 Variance 1 Section 9035(A): Accessory structures (pool) located in front vard setback.
25 A. The proposed pool would not block or change the pedestrian or vehicle circulation within
26 the neighborhood.
27 B. The project is required to comply with all applicable local, state and federal regulations.
28 C. The construction of the pool will not result in an intensification of the existing primary
29 residential use of the property. The proposed pool is accessory to the primary use.
30 D. The granting of this variance will not change the existing footprint of the primary structure
31 Therefore the privacy of the neighbors will not be compromised.
32 E. The proposed pool would be located in an area that functions as the rear of the property
33 and is not visible or accessible from the public street.
34
35 Variance 2 Section 9176: Pools to be located in side and rear vards.
36 A. Given that the subject parcel is a corner the parcel's defined side and rear are very
37 narrow and would not provide enough room to locate a pool. Other properties within the
38 district are able to locate a pool in their side or rear yards.
39 B. Based on staff's survey of the neighborhood there does not appear to be any other lots
40 with similar side and rear yards and therefore are able to locate a pool as allowed by the
41 Zoning Ordinance.
42
43 Variance 3 Section 9178 Six foot fence in front setback.
44 A. If the property owner is held to the current regulations in regards to fence heights he
45 would not be able to use his yard area as other property owners within this district have
46 been and are able to.
47
48 4. The granting of this variance will not be detrimental to the surrounding property owners
49 based on the following:
50
51 Variance 1 Section 9035(A): Accessory structures (pool) located in front yard setback.
52 A. The proposed pool would not block or change the pedestrian or vehicle circulation within
53 the neighborhood.
54 B. The project is required to comply with all applicable local, state and federal regulations.
MINUTES OF THE PLANNING COMMISSION September 28, 2011
Page 5
1 C. The construction of the pool will not result in an intensification of the existing primary
2 residential use of the property. The proposed pool is accessory to the primary use.
3 D. The granting of this variance will not change the existing footprint of the primary structure
4 Therefore the privacy of the neighbors will not be compromised.
5 E. The proposed pool would be located in an area that functions as the rear of the property
6 and is not visible or accessible from the public street.
7
8 Variance 2 Section 9176: Pools to be located in side and rear yards.
9 A. The proposed pool would not block or change the pedestrian or vehicle circulation within
10 the neighborhood.
11 B. The project is required to comply with all applicable local, state and federal regulations.
12 C. The construction of the pool will not result in an intensification of the existing primary
13 residential use of the property. The proposed pool is accessory to the primary use.
14 D. The granting of this variance will not change the existing footprint of the primary structure
15 Therefore the privacy of the neighbors will not be compromised.
16 E. The proposed pool would be located in an area that functions as the rear of the property
17 and is not visible or accessible from the public street.
18
19 Variance 3 Section 9178 Six foot fence in front setback.
20
21 A. The fence would not block or change the pedestrian or vehicle circulation within the
22 neighborhood.
23 B. As conditioned by the Planning Commission, the fence would not be detrimental to
24 surrounding property owners since it is an attractive solid wood fence and any fence
25 repair or replacement is prohibited from being constructed of chain link or chain link with
26 slats in order to provide compatibility with the neighboring properties and to maintain the
27 attractive appearance of the area and ensure that the fence at the zero lot line would not
28 have a detrimental effect on pedestrians.
29 C. The project is required to comply with all applicable local, state and federal regulations.
30 D. Enclosure of a portion of the yard with a six foot fence will not result in an intensification
31 of the existing primary residential use of the property. The proposed fence is accessory
32 to the primary use.
33 E. The fence design will be similar to other wood fences in the neighborhood.
34 F. The granting of this variance will not change the existing footprint of the primary structure
35 Therefore the privacy of the neighbors will not be compromised.
36
37 CONDITIONS OF APPROCAL OF THREE VARIANCES NEEDED TO CONSTRUCT A POOL AT 326
38 WASHINGTON AVENUE.
39
40 1. Variance approval is granted for the three variances needed to construct the in ground pool as
41 shown on the site plan submitted to the Community Development and Planning Department and
42 date stamped August 16, 2011 except as modified by the following conditions of approval.
43
44 2. Except as otherwise specifically noted, these variances shall be granted only for the specific
45 purposes stated in the action approving the variance and shall not be construed as eliminating or
46 modifying any building, use, zoning or other requirements except as to such specific purposes.
47
48 3. This approved variance may be revoked through the City's revocation process if the approved
49 project related to the Permit is not being conducted in compliance with the stipulations and
50 conditions of approval; or if the project is not established within two years of the effective date of
51 approval; or if the established and use for which the permit was granted has ceased or has been
52 suspended for twenty-four(24) consecutive months.
53
54 From the Planninq Commission
55
MINUTES OF THE PLANNING COMMISSION September 28, 2011
Page 6
1 4. Chain link fence or chain link fence with slats shall not be used for the six foot fence located within
2 the setback.
3
4
5 From the Buildinq Official (David Willouqhbv 467-5718)
6
7 5. Building permits are required for the installation of the gunite pool and associated electrical and
8 plumbing.
9
10 Standard Citv Conditions of Approval
11
12 6. No permit or entitlement shall be deemed effective unless and until all fees and charges
13 applicable to this application and these conditions of approval have been paid in full.
14
15 7. The property owner shall obtain and maintain any permit or approval required by law, regulation,
16 specification or ordinance of the City of Ukiah and other Local, State, or Federal agencies as
17 applicable. All construction shall comply with all fire, building, electric, plumbing, occupancy, and
18 structural laws, regulations, and ordinances in effect at the time the Building Permit is approved
19 and issued.
20
21 8. This approval is contingent upon agreement of the applicant and property owner and their agents,
22 successors and heirs to defend, indemnify, release and hold harmless the City, its agents,
23 officers, attorneys, employees, boards and commissions from any claim, action or proceeding
24 brought against any of the foregoing individuals or entities, the purpose of which is to attack, set
25 aside, void or annul the approval of this application. This indemnification shall include, but not be
26 limited to, damages, costs, expenses, attorney fees or expert witness fees that may be asserted
27 by any person or entity, including the applicant, arising out of or in connection with the City's
28 action on this application, whether or not there is concurrent passive or active negligence on the
29 part of the City. If, for any reason any portion of this indemnification agreement is held to be void
30 or unenforceable by a court of competent jurisdiction, the remainder of the agreement shall
31 remain in full force and effect.
32
33 10. NEW BUSINESS
34 Determine Planning Commission meeting schedule for November and December 2011.
35
36 The Commission reviewed the meeting schedule and recommended the following:
37 1) Retain the regularly scheduled Planning Commission meeting of November 9.
38 2) Cancel the regularly scheduled Planning Commission meeting of November 23 due to the
39 proximity of the Thanksgiving Day holidays.
40 3) November 30 is not an option.
41 4) Retain the regularly scheduled Planning Commission meeting of December 14.
42 5) Tentatively selected a special meeting for December 12 as a substitute for the December 28
43 re�ular meeting and tentatively selected December 19 or 20 for a special meeting with December
44 19 h as the preference. Staff to determine Council Chambers availability.
45
46 9B. Ukiah Municipal Airport Building Area and Land Use Development Plan Guidelines.
47 Conduct a public hearing and make a possible recommendation to the City Council on proposed revisions
48 to the Ukiah Municipal Airport Building Area and Land Use Development Plan Guidelines.
49
50 Senior Planner Jordan gave a staff report and:
51 • Recommends the Planning Commission conduct a public hearing to review the revised Ukiah
52 Municipal Airport Building Area and Land Use Plan Guidelines.
53 • Asked the Commission to make sure they have made all the changes they want to make.
54 • Recapped what the Airport Commission and Planning Commission review process has been
55 concerning the Guideline document.
MINUTES OF THE PLANNING COMMISSION September 28, 2011
Page 7
1 • Addressed staff's analysis and the fact the Airport is zoned Public Facilities (PF), what the Ukiah
2 Municipal Airport Master Plan recommends in that the City could consider adopting an Airport
3 overlay zone or an airport area specific plan similar in format and content to the AIP PD that
4 includes principal uses, conditional uses, prohibited uses, nuisances and development standards,
5 noting many of the proposed revisions in the Guidelines likely require amendments to individual
6 section of the zoning ordinance such as site development permit, use permit, landscaping, etc. in
7 order to be implemented. As such, the revised Guidelines could be adopted as:
8 • Guidelines;
9 ■ Guidelines with some associated zoning ordinance amendments; or,
10 ■ An amendment to the zoning ordinance to create an overlay zone or a zoning district
11 specific to the Airport.
12 • Requests the Commission provide a recommendation as to its preference of the above options
13 and if none of the options are preferred, staff asks the Commission to provide a recommendation
14 as how to proceed with the proposed revisions.
15 • To assist with the process staff has included attachment 1, Article 15 (Regulations in Public
16 Facilities (PF) Districts, Attachment 2, excerpts from the Airport Master Plan relative to land use
17 and environmental issues concerning an Airport Overlay Zone, Attachment 3, the Ukiah Municipal
18 Airport Building Area & Land Use Plan Development Guidelines dated April 7, 2004, and
19 attachment 4, Table 7A, Current Compatibility Criteria as provided for in the Airport Master Plan.
20
21 Commissioners Whetzel and Brenner recused themselves from participating in discussion/action of this
22 agenda item.
23
24 Chair Pruden referred to the July 27, 2011 Planning Commission minutes relevant to the discussion and
25 recommendations concerning revisions to the Guidelines and asked if these comments will carry forward
26 as changes within the document in addition to changes made tonight when the document goes to City
27 Council.
28
29 Staff: It may be the recommended revisions made by the Commission will be summarized and/or
30 excerpts made of minutes when Council reviews the document.
31
32 Chair Pruden: Pages 19 and 20 of the July 27 Planning Commission minutes provides that summary.
33
34 Chair Pruden: It appears the only area in the draft document that is of concern and needs further
35 discussion is the use table regarding rotocraft uses in terms of compatibility with fixed-wing aircraft.
36
37 PUBLIC HEARING OPENED: 6:50 p.m.
38
39 Commissioner Helland:
40 • There has been discussion by members of the public about consistency between the Airport
41 Master Plan and the Guidelines relevant to the location of rotocraft.
42 • Referred to the Airport Master Plan specific to:
43 ■ Page 2-9, helicopter operations, `To better accommodate transient helicopter operations,
44 the Master Plan recommends that at least two helicopter parking positions be designated
45 on the concrete apron located directly to the east of the airport terminal building.
46 Helicopters based at the Airport will continue to operate directly to/from their respective
47 on-airport facilities.'
48 ■ Page, 5-19, Other Airfield Design Elements, Helicopter Operations further addresses
49 rototcraft operations, noting `the short-to-intermediate time frame helicopter and airplane
50 operations at the Airport will of necessity continue to be interactive and dependent — as
51 they are at present.'
52 ■ Page 6-8, Transient Helicopter Parking Position, reiterates the desire for transient
53 helicopter parking at the Airport.
54 • The Master Plan clarified her questions/concerns about location of rotocraft.
55
56 John Eisenzopf:
MINUTES OF THE PLANNING COMMISSION September 28, 2011
Page 8
1 • Is a tenant at the Airport.
2 • Has no issue with the Guideline document.
3 • His primary concern is location of helicopter fixed-based operations (FBOs) being an allowed use
4 or even a permitted use on the northwest side of the Airport and does not see this is addressed in
5 the document. They are either not allowed or permitted on the northwest side.
6 • Supports that the Guideline document encourages helicopter operations on the eastside of the
7 Airport.
8 • As he sees it the protections, the oversight and due process in the revised document be at least
9 as strong as the current version.
10
11 Staff: Determined Mr. Eisenzopf was referencing the original version of the Guidelines and not the
12 revised version and referred him to the use table for rotocraft on pages 12 & 13 of the revised Guidelines.
13
14 John Eisenzopf:
15 • Advised he was not referencing the correct document that is being discussed tonight.
16 • Is of the opinion allowing rotocraft uses on the west side of the Airport is inappropriate and
17 hazardous and will drive fixed-wing operators out of that area.
18 • Relevant to Westside North, presently the closest neighbor to Calstar is Gordon Jahnke's hangar,
19 which is 20-feet away. He cannot open his hangar door without debris blowing in from Calstar
20 rotocraft. T&M Aviation is the next neighbor and owner Mike Whetzel must sweep his hangar out
21 daily.
22 • Would like to see the same protections in the revised Guideline document that exist in the original
23 document.
24 • Helicopter operations on the Northwest side should be either allowed or permitted so they have to
25 go through the same determination of appropriate use with review from the Airport Commission,
26 as well as endorsement from the Planning Commission.
27 • Is of the opinion the Calstar relocation should have never happened.
28 • Again, to allow an expansion of helicopter operation in the west side is unfortunate, inappropriate
29 and will drive fixed-wing operators out of this area.
30 • In the event Gordon Jahnke vacates his hangar and a helicopter operation moves into the space,
31 Mike Whetzel of T&M Aviation would be unable to open his hangar without a lot of debris coming
32 in.
33 • Allowing a helicopter use on the west side gives the Airport Manager the authority to place such
34 an operation in any hangar without oversight or review.
35
36 Staff:
37 • The 2004 Guidelines concerning Westside North Planning Area refer to allowed uses as 'aircraft'
38 uses, such as `aircraft avionics' whereas the revised Guidelines refer to the uses as `airplane' or
39 rotocraft uses. Aircraft is defined as `a device that is used or intended to be used for flight in the
40 air.' (FAA FAR Part 1). Airplane is defined as `an engine-driven fixed-wing aircraft heavier than
41 air that is supported in flight by the dynamic reaction of the air against its wings.' (FAA FAR Part
42 1). Aircraft Avionics is defined as `the development and use of electric and electronic equipment
43 for aircraft.' The definition of aircraft is not specific to airplane or fixed-wing aircraft and/or other
44 types of flying machines/apparatuses and includes helicopters. When the Airport Commission
45 went through the exercise of determining uses, they were very specific about differentiating
46 between airplane/fixed-wing aircraft uses and rotocrafUhelicopter uses.
47 • The same procedure of differentiating between airplane/fixed-wing aircraft and rotocraft uses was
48 followed in the use table for the east side of the Airport.
49 • The intent of the Guidelines was to make certain the uses were consistent with the Airport Master
50 Plan whereby many of the allowed uses referenced in the original version were included in the
51 revised version with some modification for clarity purposes according to uses that are appropriate
52 for fixed-wing or rotocraft type of uses relative to the various plan areas.
53
54 Commissioner Helland:
MINUTES OF THE PLANNING COMMISSION September 28, 2011
Page 9
1 • There was prior Planning Commission discussion about funding that is dependent on having a
2 place for rotocraft. What does `having a place' mean? Does it mean the use is allowed or would a
3 use permit suffice for retaining that funding?
4
5 Airport Manager Owen:
6 • Is not sure of the question. In terms of grant assurances, the Airport has to allow for aviation-
7 related activities and this may be what Commissioner Helland is referring to. Also, in order to
8 keep up with the grant assurances, the Airport is not allowed to discriminate against different
9 uses. His concern is if fixed-wing aircraft is allowed by right in a hangar and require a use permit
10 for a helicopter in a hangar, this could be determined to be discriminatory against the two.
11
12 Chair Pruden is of the opinion the concern should be about compatibility between fixed-wing aircraft and
13 rotocraft rather than discrimination.
14
15 Airport Manager Owen:
16 • On this subject, Airport uses must comply with FAA safety standards and as such must make the
17 necessary repairs to avoid jeopardizing FAA grant assurance funding.
18
19 Chair Pruden:
20 • Her only problem with the revised Guideline document is the use table for rotocraft uses,
21 specifically the uses categorized `A(1).'
22 • Supports changing 'A(1)' to `UP(1)' in the rotocraft section. Footnote `1' refers to `when the east
23 side of the Airport is developed and leases expire, these uses shall be relocated to the east side
24 of the Airport to Eastside North Subarea 3 provided the necessary infrastructure is available.'
25 • Is okay with the rotocraft uses that are allowed by right in the table.
26
27 Staff:
28 • The Airport Commission probably spent more time on how to deal with helicopters more than any
29 other issue concerning the Guideline document relative to determining where helicopters should
30 be allowed.
31 • There was Commission consensus that at least one area of the Airport accommodate helicopter
32 uses.
33 • The Airport Commission being the experts has decided that helicopters are appropriate and
34 should be allowed by right in the areas specified in the use table.
35 • Is concerned with changing rotocraft uses that are allowed by right to require a use permit when
36 in the previous Guidelines, referencing page 8, for Westside North allows by right `aircraft' uses
37 which by definition includes helicopters. Suddenly the rotocraft uses are becoming restrictive and
38 contrary to the Airport Commission's recommendation.
39
40 Commissioner Helland:
41 • Are the proposed changes specific only to Westside North or to all of the plan areas on the west
42 side?
43
44 Chair Pruden: Use permits are already required for the Westside South land designation. The A(1)
45 designations pertain to Westside North and Westside Central and she would like to change these
46 designations to UP(1) like that of Westside South. She is not proposing changes to the uses designated
47 'A' that allows for rotocraft parking/transient parking and repairs.
48
49 John Eisenzopf:
50 • According to the FAA development guidelines and best practices and advisory circulars he has
51 reviewed recommend the segregation of rotocraft and fixed-wing aircraft.
52 • One of the advisory circulars that was submitted to the Planning Commission before recommends
53 at least a 'three roto-diameter separation' in operations. This does not exist where Calstar is
54 presently located.
MINUTES OF THE PLANNING COMMISSION September 28, 2011
Page 10
1 • The discrimination issue is a `red herring' and that the FAA would encourage the Airport to
2 segregate rotocraft and fixed-wing aircraft and not encourage the Airport to put helicopter
3 operations in any hangar especially if it is going to endanger and/or have a negative impact on an
4 existing operation. The Calstar location already has had a negative impact on T&M Aviation and
5 has severely affected its closest neighbor.
6 • An expansion of those operations could very well put T&M Aviation out of business or force the
7 business to relocate to another location on the Airport.
8 • Is of the opinion the discrimination issue is invalid. We are allowing access to the Airport by
9 rotocraft where they are allowed to park and operate.
10 • Supports that appropriate facilities can be made available through the proper permit process.
11 • Is also of the opinion no Airport funding is at risk.
12
13 Duell Parks:
14 • Is a fixed-wing and helicopter pilot and a user of the Airport.
15 • Frequently uses the Sonoma County Airport and noted this airport has both fixed-wing aircraft
16 and helicopter operations working side-by-side.
17 • In his opinion there is no problem with helicopters fixed-wing aircraft working in close proximity to
18 one another in terms of safety factors.
19 • Speaking from experience, helicopter pilots today are more courteous than most airplane pilots.
20 • It is important for helicopter pilots and airplane pilots to be aware of one another.
21
22 Commissioner Helland:
23 • Asked Mr. Parks if additional consideration and attention would take care of the roto-wash issue
24 and debris that gets blown into fixed-wing areas.
25
26 Duell Parks: Has personal experience with helicopter and fixed-wing aircraft and noted fixed-wing aircraft
27 can generate just as much debris.
28
29 Commissioner Helland: Would the matter improve if the two aircraft operated further apart from one
30 another?
31
32 Duell Parks:
33 • It is just a matter of observing each other and exercising common courtesy.
34
35 Don Albright:
36 • Is vice-Chair of the Airport Commission.
37 • The Airport Commission gave the revised Guideline document a lot of consideration.
38 • Addressed Mr. Eisenzopf's comments regarding the difficulties T&M Aviation has with helicopter
39 activity operating in close proximity.
40 • Noted T&M Aviation actually services a helicopter out of that particular location which is much
41 closer than the Calstar issue.
42 • Explained how Calstar takes every precaution to make certain they do not impact neighbors
43 operating in the vicinity and measures taken to ensure safety.
44 • Rotocraft operators take precautionary measures to maintain a safe distance from fixed-wing
45 aircraft operations.
46 • Is not aware of any complaints concerning Calstar by FedEx and/or other Airport operations from
47 across the fence.
48
49 John Eisenzopf:
50 • It is appropriate to distinguish between recreational use of helicopters and other aircraft that Mr.
51 Parks represents and the helicopter that is occasionally serviced in the hangar next door to T&M
52 Aviation. Recreational users may fly once or twice a month and are aware of impacts to
53 neighbors. What is being discussed is perhaps locating another FBO that could be a 24-hour
54 operation like Calstar, which is taking off multiple times during the course of the day, day and
55 night, day in and day out. This represents a huge impact to other FBOs in the area. Calstar
MINUTES OF THE PLANNING COMMISSION September 28, 2011
Page 11
1 rotocraft are also much heavier than recreational private aircraft that Mr. Parks flies and that Mr.
2 Jahnke has in his hangar relative to the 'prop-wash' and impacts to the neighbors are many times
3 greater.
4 • Supports restricting private use hangars for helicopters for commercial use and not recreational
5 use.
6 • Helicopter operations that function day and night do have an impact on neighbors.
7 • It is not appropriate to locate these kinds of operations without oversight and it is absolutely
8 necessary there be a permitting process for such operations.
9
10 Airport Manager Owen:
11 • Addressed the statement concerning the helicopter operating next to T&M Aviation that has
12 operated from 10 to 15 years out of Mr. Jahnke's hangar. This same helicopter has operated out
13 of T&M Aviation this year and is actually taking off and landing directly on the T&M Aviation ramp.
14 • Noticed the other day the helicopter was operating less than 30 feet from a fixed-wing aircraft.
15 While the helicopter may be somewhat smaller than the Calstar helicopter, it is still a turbine
16 helicopter that is extremely fast.
17 • The helicopter takes off and lands a couple of times a day directly on T&M Aviation ramp with
18 fixed-wing aircraft less than 30 feet away. The helicopter is also stored in T&M Aviation's hangar.
19 • There have been no complaints from tenants in the area.
20
21 PUBLIC HEARING CLOSED: 7:15 p.m.
22
23 Commission consensus:
24
25 Chair Pruden: The only `sticking point' concerning the Guideline document is the compatibility issue and
26 would like to see the A(1) uses be changed to UP(1) in the use table for rotocraft for Westside North and
27 Westside Central.
28
29 Commissioner Helland:
30 • Finds the Guideline document to be one of the harder decisions while serving on the Planning
31 Commission relative to the issues compatibility versus discrimination and safety raised above.
32 • Is not concerned about the issue of discrimination because it is a community's right that its
33 elected and appointed bodies decide where to locate different uses and what the level of review
34 should be.
35 • Is unwilling to second guess the Airport Commission since they are the experts who worked on
36 the Guideline document for the past year and a half where only two objections were received to
37 what is written in the Guidelines.
38 • No one has suggested the document is an ideal situation and while everyone would prefer that
39 helicopter operations occur on the east side when the services and necessary infrastructure are
40 available unfortunately this is not the case at present.
41 • Is reluctant to change what is stated in the document.
42 • Is of the opinion that a use permit is highly onerous.
43 • Is willing to see the A(1) in either the Westside North or Westside Central changed to require a
44 use permit, but there needs to be somewhere rental sales and storage of rotocraft are allowed.
45
46 Commissioner Sanders:
47 • Does not want to make a recommendation that would go against the Airport Commission.
48 • There was a helicopter representative serving on the Commission.
49 • The Airport Commission carefully considered the document and corresponding uses in terms of
50 value and fairness to rotocraft and fixed-wing aircraft operations.
51 • The Planning Commission should support the recommendation of the Airport Commission.
52
53 Staff:
54 • Pointed out that for rotocraft parking-transient and rotocraft parking and tie downs refer to UCC
55 Section 5019. Based on this City code section, it is likely these uses would have to be allowed.
MINUTES OF THE PLANNING COMMISSION September 28, 2011
Page 12
1 • A UCC typically would preempt any desire there might be for a use permit.
2 • Looking at the previous Guidelines for Westside North, aircraft uses which would include
3 helicopters were allowed by right in this area.
4 • If Westside North remained as allowed by right, this would not be inconsistent with the previous
5 Guidelines. The Commission could consider doing something different for Westside Central or
6 Westside South that might be a middle ground, noting the Airport Commission worked very hard
7 to find a place where rotocraft was allowed by right because of concern for jeopardizing FAA
8 grant assurance possibilities if there was not at least one location where rotocraft uses were
9 allowed by right.
10
11 Chair Pruden: Is not suggesting any changes for rotocraft uses that are allowed by right in the use table.
12 Is only concerned about changing the five A(1) rototcraft use categories on Westside North and two A(1)
13 rotocraft use categories on Westside Central to UP(1).
14
15 Staff:
16 • Rotocraft hangars are categorized A(1) for Westside North and Westside South and prohibited in
17 the Westside Central.
18 • For Westside North, the A(1) category pertains to rotocraft hangars, rotocraft medical emergency
19 flight services (e.g. Calstar, Reach), rotocraft rental, rotocraft sales and leasing and rotocraft
20 storage &support equipment.
21 • The Airport Manager has some comments about making changes in this regard.
22
23 Chair Pruden:
24 • When the east side is developed, rotocraft uses would automatically be required to go there.
25 • Noted A(1)are included in Westside Central for rotocraft rental and rotocraft sales & leasing.
26 • Westside South is mostly UP(1)for rotocraft uses with the exception of rotocraft hangars.
27 • Is okay with allowing rotocraft hangars in Westside South because she views it as a temporary
28 situation.
29
30 Motion by Chair Pruden to recommend City Council approve the revised Guidelines with a change to
31 the use table for rotocraft that the A(1) categories for Westside North and Westside Central be changed
32 to UP(1).
33
34 Staff indicated there was other issues to address before a motion is made to recommend City Council
35 approve the Guideline document
36
37 Chair Pruden amended her motion to recommend City Council approve the changes on page 13 of the
38 use table for rotocraft as discussed above.
39
40 Motion failed for lack of second.
41
42 PUBLIC HEARING REOPENED: 7:38 p.m.
43
44 Jason Brenner:
45 • Important not to second guess the recommendations made by the Airport Commission
46 concerning the revised Guideline document.
47 • People who are unfamiliar with the flying of aircraft do not have the ability to make decisions that
48 will affect the functioning of this aspect of the Airport.
49 • The possibility of restricting rotocraft on the Airport is a critical issue.
50
51 PUBLIC HEARING CLOSED: 7:42 p.m.
52
53 Chair Pruden considers herself very knowledgeable about how the Airport functions and she helped
54 formulate the existing Airport Guideline document so she is no stranger to the process.
55
MINUTES OF THE PLANNING COMMISSION September 28, 2011
Page 13
1 Staff asked the Commission to:
2 • Make certain all outstanding Guideline issues are addressed.
3 • Have a discussion about Guidelines versus a Zoning Ordinance as to how the document should
4 move forward.
5
6 Staff: Related to allowed uses and interaction between rotocraft and fixed-wing aircraft, the Airport
7 Manager, Council and Airport Commission review leases so even if the use is allowed by right, if these
8 decision makers were of the opinion there was some kind of compatibility issue with the location of
9 rotocraft related to fixed-wing this aspect would be addressed in part through the lease. Certainly the use
10 permit is a public process requiring an application and public hearing, but the lease discussion also plays
11 a role in the decision process about potential compatibility issues between rotocraft and fixed-wing so a
12 mechanism is in place that addresses this issue.
13
14 Chair Pruden: Unfortunately the process did not work for the Calstar project or well in the past.
15
16 Commissioner Sanders: Would like more feedback from staff regarding page 3 of the staff report with
17 regard to the pros and cons for having just Guidelines, or Guidelines with some association with Zoning
18 Ordinance amendments or an amendment to the zoning ordinance to create an overlay zone or a zoning
19 district specific to the Airport.
20
21 Staff: It may be the Commission could create two separate documents that includes all the background
22 information that describes the various plan areas on the Airport to include a purpose statement etc., for
23 each area that would not really be appropriate language for a zoning code so for lack of a better term the
24 Guidelines should contain language that describes all the background information relative to the various
25 plan areas separate from language that pertains to `zoning' that would be codified in the Zoning
26 Ordinance.
27
28 There was Commission discussion concerning the three options noting the hierarchy of documents in
29 terms of planning decisions includes first the General Plan and Zoning regulations followed by Guidelines.
30 It was noted that guidelines are not necessarily followed.
31
32 Chair Pruden: What was the Airport Commission's concern about having a codified document versus
33 guidelines.
34
35 Staff: The concern was this was not the direction of Council.
36
37 Staff:
38 • A standalone document related to the Airport would likely include the purpose and intent
39 statement, all background information, Airport compatibility criteria, and land use descriptions.
40 • The use table would be part of a zoning ordinance specific to the Airport together with individual
41 sections of the ordinance pertinent to site development threshold levels/use permit and
42 corresponding findings, landscaping and parking standards, lighting standards etc., wherein many
43 of these standards differ from the existing PF zoning standards that pertain to the current zoning
44 regulations for the Airport.
45 • Is of the opinion that either the overlay zone or standalone zoning district for the Airport would be
46 appropriate.
47 • Rather than having to distinguish as to type of zoning ordinance, overlay or guidelines with some
48 associated zoning ordinance amendments, it would be perfectly fine for the Planning Commission
49 to just say they prefer implementing a zoning ordinance than guidelines.
50 • If the choice is to go with the Guidelines those sections of the document contradictory to the
51 current zoning for the Airport would have to be pulled out, such as language relevant to site
52 development/use permits and findings.
53
54 Chair Pruden:
MINUTES OF THE PLANNING COMMISSION September 28, 2011
Page 14
1 • Her preference would be to implement a zoning ordinance for the Airport, but not necessarily an
2 overlay zone that may have State planning-related special constraints such as floodplains,
3 topographical and/or other possible geographical or historical constraints.
4 • Supports implementing a standalone zoning ordinance for at this time with consideration for a
5 possible overlay in the future. Allowing for an overlay without zoning does not mean `a whole lot.'
6
7 Staff: The way this approach would work is to create an overlay with the Airport zoned PF-A with `A' as
8 reference to the Airport.
9
10 Commission consensus:
11 • All outstanding issues expressed by the Commission are documented and provided for in the July
12 27 Planning Commission meeting minutes. The only other issue is Commissioner Sanders'
13 request for information on the clear zone located north of the Airport in the area of Tamage Road
14 and Doolin Creek.
15 • Supports the guidelines become a zoning ordinance for the Airport.
16
17 Staff: Has indicated in the staff report `Doolin Creek/Talmage Road is not located within the boundaries
18 of the Guidelines and is not affected by the proposed revisions. The area is designated as Compatibility
19 Zone A — Runway Protection Zone or within the Building Restriction Line (refer to Mendocino County
20 Airport Land Use Commission, Table 7A). In Zone A normally acceptable uses include aircraft tie down
21 apron, pastures, field crops and vineyards and automobile parking whereby the density requirement in
22 this zone is limited to 10 persons per acre and the land area is required to remain open. A portion of
23 Doolin Creek is located north of the Airport in the A zone. At this time, the City does not have a Doolin
24 Creek Plan. Should resources allow in the future, the intent would be to continue the work to prepare and
25 adopt a plan/study for poolin Creek.'
26
27 Commissioner Sanders: Her request is the information section on page 3 of the staff report, Doolin
28 Creek/Talmage Road, be provided to Council.
29
30 M/S Sanders/Helland recommend City Council adopt Ukiah Municipal Airport Building Area and Land
31 Use Development Plan Guidelines with the recommendation of making the guidelines a zoning ordinance
32 and a section on the Doolin Creek Plan for Council to review.
33
34 Chair Pruden inquired how the document will be presented to Council.
35
36 Staff: What will likely occur is to present a `background documenY and what the zoning ordinance would
37 include.
38
39 Motion carried with the following roll call vote:
40
41 AYES: Commissioners Helland and Sanders
42 NOES: Chair Pruden
43
44 Chair Pruden approves of the document with the exception of page 13 concerning some of the use
45 designations for rotocraft.
46
47 11. PLANNING DIRECTOR'S REPORT
48 It is likely the Planning Commission will review the final Walmart EIR at the regular November 9 meeting.
49
50 12. PLANNING COMMISSIONERS' REPORT
51 Commissioner Sanders has information about the annual planning commission conference held at
52 Sonoma State University on December 3�d for those commissioners interested in attending.
53
54 Commissioner Sanders inquired about a letter in the UDJ concerning a pedestrian safety issue at the
55 new Sears building.
56
MINUTES OF THE PLANNING COMMISSION September 28, 2011
Page 15
1 Staff will look into the matter.
2
3 Chair Pruden commended Commissioner Sanders and the Friends of Gibson Creek for their clean-up
4 efforts and noted a lot of trash was pulled out.
5
6 13. ADJOURNMENT
7 There being no further business, the meeting adjourned at 8:14 p.m.
8
9 Cathy Elawadly, Recording Secretary
10
MINUTES OF THE PLANNING COMMISSION September 28, 2011
Page 16
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: November 9, 2011
4
5 TO: Planning Commission
6
7 FROM: Kim Jordan, Senior Planner
8
9 SUBJECT: Review of and comment and possible certification of the Walmart Expansion
10 Project Final Environmental Impact Report (FEIR)
11 1155 Airport Park Boulevard, APN 180-070-38
12 File Nos.: 09-28-SDP-PC and 09-42-EIR-PC
13
14 RECOMMENDATION
15
16 Staff recommends that the Planning Commission conduct a public hearing and adopt a
17 resolution to certify the Walmart Expansion Project Environmental Impact Report (EIR).
18
19 PROJECT DESCRIPTION AND SETTING
20
21 Project Description
22
23 An application has been received from TAIT and associates on behalf of Walmart for approval
24 of a major site development permit to allow a 47,621 square foot expansion (47,463 square foot
25 building expansion plus 158 square foot expansion of the outdoor garden center) of the existing
26 109,030 square foot store (104,152 square foot building plus 4,878 square foot outdoor garden
27 center) for a total square footage of 156,651 (151,615 square foot building plus 5,036 square
28 foot outdoor garden center) on a 13.44 acre site in the Airport Industrial Park Planned
29 Development (AIP PD). As part of the site development permit, the applicant is also requesting
3o approval of two modifications to the AIP Ord. 1098 landscaping requirements.
31
32 The proposed expansion would include the following:
33
34 ■ Increase in the sales area for general merchandise;
35 ■ Increase in the sales area for food sales;
36 ■ Increase in the food sales support and ancillary areas;
37 ■ Removal of the Tire and Lube Express;
38 ■ New indoor garden center;
39 ■ Change in store hours to 24 hours per day, seven days per week;
40 ■ Modification to the design of the exterior of the building;
41 ■ Increase in the number of parking spaces to 612 spaces (640 total parking spaces, 28 of
42 which would be used as cart corrals);
Walmart Expansion Environmental Impact Report(EIR)
1155 Airport Park Boulevard,APN 180-070-38
File Nos.:09-42-EIR-PC/09-28-SDP-PC
1
1 ■ Modification to the landscaping, including removal of the olive trees in the parking lot and
2 replacement with a more suitable species; and
3
4 ■ Incorporation of sustainable building features, such as daylighting of the grocery sales
5 area, retrofitting the lighting in the store, use of energy efficient HVAC units, and
6 installation non-PVC "white" roof.
7
8 Other possible uses as part of the expansion include distilled spirit sales, medical clinic, and/or
9 vision center.
10
11 The existing access to the site is provided from three driveways off of Airport Park Boulevard
12 and two additional driveways off of Commerce Drive. The access to the site is not proposed to
13 change as part of this Project.
14
15 The Project has been revised to include a pedestrian walkway from the new sidewalk on Airport
16 Park Boulevard through the parking lot to the walkway at the front of the store (see attachment
17 2, FEIR, site plan). The applicant has also provided revised shade calculations in response to
18 comments received on the Draft EIR.
19
2o Setting
21
22 The Project is surrounded by parcels with the following general plan and zoning designations
23 and land uses.
24
General Plan Zonin Land Uses
ProjeCt Master Plan Area Planned Development(PD)- Walmart-retail sales,food
(MPA) Airport Industrial Park tenant,Tire&Lube Express,
outdoorgarden center
North Master Plan Area Planned Development(PD)- Gas station and fast food
(MPA) Airport Industrial Park restaurant
Commercial (C) Community Commercial(C-1) Residential neighborhood north
of Talmage Road
South Master Plan Area Planned Development(PD)- Retail stores and restaurants
(MPA) Airport Industrial Park
East(1) Commercial (C) Heavy Commercial (C-2) Equipment rental,tractor sales
Community Commercial(C-1) and rental,construction yard,
lodge and rv parking
West Master Plan Area Planned Development(PD)- Hotels, restaurants, retail stores,
(MPA) Airport Industrial Park office
Public(P) Public Facility(PF) Ukiah Municipal Airport
Industrial (I) Manufacturing(M)
1. Eastside of Highway 101
25
26
27
28
29
Walmart Expansion Environmental Impact Report(EIR)
1155 Airport Park Boulevard,APN 180-070-38
File Nos.:09-42-EIR-PC/09-28-SDP-PC
2
1 BACKGROUND
2
3 Previous Project Approvals
4
5 The original Walmart store and associated site improvements were approved in 1993
6 (Resolution 93-19 and File No. 90-87 site development permit). The Project required approval
7 of a Major Site Development Permit and an amendment to the Airport Industrial Park (AIP)
8 Planned Development (PD). An EIR was prepared and certified for the Walmart Project site
9 development permit as well as for the amendment to the Airport Industrial Planned
10 Development (Resolution 93-16, certification of the Final EIR; Resolution 93-17, required CEQA
11 findings pursuant to CEQA Guidelines section 15091; and Resolution 93-20, establishing
12 mitigation monitoring program). The EIR evaluated a 93,792 square foot single story retail
13 store on a 14.8 acre lot with 740 parking spaces. The evaluation included in the EIR allowed
14 the future addition of 30,000 square feet.
15
16 Selection of EIR Consultant & EIR Prepartion
17
18 After it was determined that preparation of an EIR would be required in order to analyze the
19 potential environmental impacts of the Walmart Expansion Project, the City issued a request for
20 proposals in order to select an EIR consulting firm to prepare the EIR for the Project. Planning
21 department staff reviewed the proposals received in response to the RFP and selected three
22 environmental consulting firms to interview. Each EIR consultant along with their
23 subconsultants was interviewed by Planning Department staff. Based on their experience with
24 similar projects, knowledge of CEQA, expertise of their sub-consultants, and familiarity with the
25 area, staff recommended Environmental Science Associates (ESA) to prepare the EIR. City
26 Council approved the selection of ESA and awarded the contract on December 2, 2009.
27
28 The Project applicant is required to pay for the preparation of the EIR. This includes the cost of
29 the EIR consultant to prepare the EIR and staff time associated with the administration of the
30 EIR. The cost of the EIR consultant and City staff time is paid to the City prior to the start of
31 preparation of the EIR. The City received invoices from the EIR consultant and pays the
32 consultant directly. The applicants contact with the EIR consultant is severely limited by the City
33 and City staff is included in any contact between the EIR consultant and the applicant. It should
34 be noted that CEQA does not require this arrangement. The applicant may prepare the EIR and
35 submit the EIR along with the project for consideration by the local agency. To ensure that the
36 EIR, whether prepared by the local agency, applicant, or consultant, represents the judgment of
37 the local agency, CEQA requires this specific finding to be made in order to certify the EIR (see
38 attachment 1).
39
40 Comments on the Draff EIR
41
42 Many of the comments received on the Draft EIR were not related to the adequacy of the DEIR,
43 but rather Walmart's business practices, the consistency of the Project with the requirements of
44 AIP Ord. 1098, and disagreement with the conclusions reached in the DEIR.
45
46 As noted in the Final EIR, Walmart's business practices are not related to the environmental
47 effects of the proposed Project; therefore, these issues are not addressed as part of the EIR.
48 However, as noted in the Final EIR, the City (Planning Commission) will consider all comments
Walmart Expansion Environmental Impact Report(EIR)
1155 Airport Park Boulevard,APN 180-070-38
File Nos.:09-42-EIR-PC/09-28-SDP-PC
3
1 when making a decision on the Project; therefore, these comments would be considered as part
2 of Planning Commission's review of the Site Development Permit and are not a consideration
3 when deciding to certify the EIR.
4
5 Some comments focused on AIP Ord. 1098 which was adopted August 1, 2007. Since AIP Ord.
6 1098 was not in place at the time the existing development went through the project review and
7 approval process, the existing development is not subject to the requirements of AIP Ord. 1098;
8 and there is no requirement in AIP. Ord. 1098 or City code requiring the existing development to
9 be retrofitted to comply with AIP Ord. 1098. For additional information on the existing Walmart
10 development please see the Walmart Expansion Site Development Permit staff report.
11
12 AIP Ord. 1098 includes the landscaping requirements for the Project. AIP Ord. 1098 states:
13
14 The following guidelines shall be used by the Planning Commission when approving a
15 Site Development of Use Permit to ensure the high quality design, and the coordination
16 and consistency of development.
17
18 AIP Ord. 1098 further states:
19
20 The Planning Director, Zoning Administrator, Planning Commission, or City Council shall
21 have the authority to modify the required elements of a Landscaping Plan depending on
22 the size, sca/e, intensity and location of the development project.
23
24 Historically, the landscaping provisions included in AIP Ord. 1098 have been applied as
25 requirements and deviations from the requirements have been considered as part of the site
26 development or use permit when the applicant has requested approval of a modification to the
27 requirement. There is no indication that the landscaping requirements were adopted in order to
28 mitigate an environmental effect.
29
3o Some commenters stated that there was a conflict of interest because of Walmart's relationship
31 with CB Richard Ellis (CBRE) and asked how CBRE was selected. CBRE is an international
32 real estate and economic and fiscal consulting firm. The CBRE real estate division is separate
33 from the economic/fiscal consulting division.
34
35 CBRE was the subconsultant to two of the EIR consulting firms interviewed as part of the
36 selection process. Amy Herman of CBRE was interviewed as part of the selection process.
37 Based on Ms. Herman's experience and expertise in fiscal and economic data collection,
38 analysis, and reporting, staff considers Ms. Herman highly qualified to prepare the urban decay
39 analysis and fiscal impact study prepared for the Project. Prior to the preparation of the FEIR,
40 CBRE dissolved its economic consulting division. As a result, Ms. Herman, established ALH
41 Economics. Amy Herman of ALH conducted the work on the FEIR. CBRE had no relationship
42 or input on the preparation of the FEIR.
43
44 Even without the dissolution of CBRE consulting, staff disagrees that a conflict of interest exists.
45 CBRE operated the real estate division and economic consulting division as separate units. In
46 addition, there is no evidence to suggest or reason to believe that Walmart, through CBRE's
47 real estate division, influenced the outcome of the urban decay analysis or fiscal impact report.
48
Walmart Expansion Environmental Impact Report(EIR)
1155 Airport Park Boulevard,APN 180-070-38
File Nos.:09-42-EIR-PC/09-28-SDP-PC
4
1 Some commenters disagreed with the analysis and conclusions reached in the DEIR. CEQA
2 Guidelines section 15204(c) states:
3
4 Reviewers should explain the basis of their comments, and should submit data or
5 references offering facts, reasonab/e assumptions based on facts, or expert opinion
6 supported by facts in support of the comments. Pursuant to Section 15064, an effect
7 shall not be considered significant in the absence of substantial evidence.
8
9 It is not unreasonable that there may be a disagreement with some of the conclusions reached
10 in the EIR; however, disagreement alone does not indicate that the EIR is inadequate or the
11 information, analysis, or conclusions are faulty. CEQA Guidelines section 15151 states:
12
13 An EIR should be prepared wifh a sufficient degree of analysis to provide
14 decisionmakers with information which enables them to make a decision which
15 intelligently takes account of environmental consequences. An evaluation of the
16 environmental effects need not be exhaustive, but the sufficiency of the EIR is to be
17 reviewed in the light of what is reasonably feasible. Disagreement among experts does
18 not make an EIR inadequate, but the EIR should summarize the main points of
19 disagreement among the experts. The courts have looked not for perfection but for
20 adequacy, completeness, and a good faith effort at disclosure.
21
22 STAFF ANALYSIS
23
24 Environmental Review
25
26 Public Notice of Environmental Review
27
28 The following notices were provided as part of the preparation of the Walmart Expansion Project
29 EIR.
30
31 Notice of Preparation. Pursuant to CEQA Guidelines Section 15082, a Notice of
32 Preparation (NOP) advising that an environmental impact report (EIR) was to be
33 prepared for the Project was sent to the State Clearinghouse for distribution to
34 responsible and/or trustee agencies on March 11, 2010. The NOP was sent to property
35 owners within 300 feet of the parcel, property owners within the AIP, and persons on the
36 interested parties list. The notice was also published in the Ukiah Daily Journal and
37 posted on the project site. A scoping meeting was held on March 18, 2010 for the
38 purpose of identifying and receiving input on the potentially significant environmental
39 effects to be discussed in the EIR.
40
41 Notice of Availability (DEIR). As required, the DEIR was routed through the State
42 Clearinghouse to all responsible and trustee agencies and filed with the Mendocino
43 County Clerk. Notice of the availability of the DEIR was also sent to property owners
44 within 300 feet of the parcel, property owners within the AIP, tenants on parcels
45 contiguous to the Project, and persons on the interested parties list. The notice was also
46 published in the Ukiah Daily Journal, posted on the Project site, and posted on the City
47 of Ukiah website.
Walmart Expansion Environmental Impact Report(EIR)
1155 Airport Park Boulevard,APN 180-070-38
File Nos.:09-42-EIR-PC/09-28-SDP-PC
5
1 The 45 day review period on the DEIR started on July 5th and ended on August 18th at
2 5:00 p.m. On August 10, 2011, the Planning Commission held a public hearing to
3 receive public and provide Planning Commission comment on the adequacy of the
4 analysis presented in the DEIR.
5
6 Notice of FEIR. As required by Ukiah City Code, a public notice of the Planning
7 Commission public hearing for the Walmart Final EIR was provided as indicated below
8 (see Public Notice). On November 9, 2011, Planning Commission will conduct a public
9 hearing on the Walmart Expansion Project EIR.
10
11 Environmentallmpacts
12
13 The EIR identified several areas where the proposed Project would result in an environmental
14 impact. The impacts are identified as less than significant (LTS) or potentially significant (PS).
15
16 Less than Significant Impacts. The environmental topics that resulted in less than
17 significant impacts (LTS) and, therefore, do not require mitigation include:
18
19 ■ Urban Decay
20 ■ Land Use and Planning
21 ■ Public Services and Utilities
22 ■ Global Climate Change
23
24 Potentially Significant Impacts. The environmental topics that resulted in potentially
25 significant impacts that could be mitigated to less than significant include:
26
27 ■ Aesthetics (light and glare)
28 ■ Air Quality
29 ■ Geology and Soil
30 ■ Hazards and Hazardous Materials
31 ■ Hydrology and Water Quality
32 ■ Noise
33 ■ Biological Resources
34
35 Significant and Unavoidable Impacts. Significant and unavoidable impacts to Traffic
36 and Transportation were identified in the EIR.
37
38 Mitigation Measures
39
4o Most of the impacts identified as potentially significant can be reduced to a less than significant
41 level with the incorporation of the specific mitigation measures identified in the DEIR. These
42 mitigation measures would be incorporated into and carried out through a Mitigation Monitoring
43 and Reporting Program (MMRP) and Project conditions of approval. Mitigation Measures are
44 identified for Aesthetics, Air Quality, Geology and Soil, Hazards and Hazardous Materials,
45 Hydrology and Water Quality, Noise, Biological Resources, and Transportation and Traffic.
46 Impacts that are Significant and Unavoidable Impacts
47
Walmart Expansion Environmental Impact Report(EIR)
1155 Airport Park Boulevard,APN 180-070-38
File Nos.:09-42-EIR-PC/09-28-SDP-PC
6
1 Most of the impacts identified for Transportation and Traffic can be reduced to less than
2 significant with the incorporation of mitigation measures. Although mitigation measures have
3 been identified for the following impacts, the impacts remain significant and unavoidable.
4
5 ■ Existinq Plus Proiect Queuinq Analvsis
6 Impact 4.10-2: Implementafion of the Project would substantially increase potential
7 traffic safety hazards by increasing the degree to which an existing queuing backup
8 would exceed available storage length.
9
10 Mitigation Measure 4.10-2 has been identified and would improve queuing conditions to
11 acceptable conditions. However, since the improvement required by Mitigation Measure
12 4.10-2 is unfunded and is not included as part of the City of Ukiah's Capital Improvemenf
13 Program it cannot be considered a legally feasible mitigation measure. Without the
14 required funding mechanism, impact 4.10-2 remains significant and unavoidable.
15
16 ■ Cumulative Analysis-Future 2030 Plus Project Intersection Levels of Service
17 Impact 4.10-4: Implementation of the Project would increase traffic volumes on area
18 roadways under cumulative conditions.
19
20 Mitigation Measure 4.10-4 has been identified and would result in acceptable conditions.
21 However, since the improvement required by Mitigation Measure 4.10-4 is unfunded and
22 is not included as part of the City of Ukiah's Capital lmprovement Program it cannot be
23 considered a legally feasible mitigation measure. Without the required funding
24 mechanism, impact 4.10-4 remains significant and unavoidable.
25
26 ■ Cumulative Analysis-Future 2030 Plus Project Queuing Analysis
27 Impact 4.10-5: Implementation of the Project would substantially increase potential
28 traffic safety hazards by causing queuing backups that exceed, or by increasing the
29 degree to which queuing backs are projected to exceed, the available storage length
3o under 2030 No Project conditions.
31
32 Mitigation Measure 4.10-5 requires the implementation of Mitigation Measure 4.10-2
33 (see above). However, since the improvement required by Mitigation Measure 4.10-2 is
34 unfunded and is not included as part of the City of Ukiah's Capital Improvement Program
35 it cannot be considered a legally feasible mitigation measure. Without the required
36 funding mechanism, impact 4.10-5 remains significant and unavoidable.
37
38 Certification of the EIR
39
40 In order to certify the EIR, the City (Planning Commission) is required to make the following
41 specific findings pursuant to CEQA Guidelines section 15090(a):
42
43 1. The final EIR has been completed in compliance with CEQA;
44
45 2. The Final EIR was presented fo the decisionmaking body of the lead agency and that
46 the decisionmaking body reviewed and considered the information contained in the final
47 EIR prior to approving the project; and
48
Walmart Expansion Environmental Impact Report(EIR)
1155 Airport Park Boulevard,APN 180-070-38
File Nos.:09-42-EIR-PC/09-28-SDP-PC
7
1 3. The final EIR reflects the lead agency's independent judgment and analysis.
2
3 The certification of the EIR is separate and independent of an action of the site development
4 permit required for the Project. The Planning Commission may certify the EIR and approve,
5 conditionally approve or deny the Project. Staff has included a draft resolution to certify the EIR
6 (see attachment 1).
7
8 CEQA Guidelines section 15091 requires public agencies to make one or more written findings
9 supported by substantial evidence in the record for each of the significant environmental
10 impacts identified in the EIR prior to project approval and to provide an explanation of the
11 rationale for each finding.
12
13 Overriding Considerations
14
15 A project with significant and unavoidable impacts (as identified above) may be approved if the
16 economic, legal, social, technological or other benefits of the proposed project outweigh the
17 significant and unavoidable environmental effects of the project; in which case these
18 environmental effects may be considered "acceptable."
19
20 CEQA Guidelines section 15093 requires decision makers to balance the economic, social,
21 technological, or other benefits of the proposed project against its unavoidable environmental
22 impacts when deciding whether or not to approve a project with significant and unavoidable
23 impacts.
24
25 In order to approve a project that would result in significant and unavoidable environmental
26 effects identified in the EIR that cannot be reduced to a less than significant level, the Lead
27 Agency must state in writing the specific reasons to support the project approval based on a
28 balancing of project benefits against impacts remaining significant as identified in the Final EIR
29 and/or other information in the record. This is formally known as a "Statement of Overriding
30 Considerations" and is made pursuant to CEQA Guidelines, Section 15093. The findings
31 required for a statement of overriding considerations are made in addition to the findings
32 required by CEQA Guidelines section 15091.
33
34 Before approving a project with significant and unavoidable environmental impacts, a Lead
35 Agency is required to first certify the EIR and adopt a statement of overriding considerations. If
36 findings of overriding consideration are not adopted by the Lead Agency in those instances
37 where unavoidable project-related environmental effects identified in the EIR would remain
38 significant, the Lead Agency cannot approve the proposed project.
39
40 PUBLIC NOTICE AND COMMENT
41
42 Notice of this public hearing and the availability of the FEIR was provided in the following
43 manner:
44
45 ■ published in the Ukiah Daily Journal on October 30, 2011;
46 ■ posted on the subject parcel on October 27, 2011;
47 ■ mailed to all property owners within 300 feet of the subject parcel on October 27, 2011;
Walmart Expansion Environmental Impact Report(EIR)
1155 Airport Park Boulevard,APN 180-070-38
File Nos.:09-42-EIR-PC/09-28-SDP-PC
8
1 ■ mailed to all property owners within Airport Industrial Park Planned Development on
2 October 27, 2011;
3 ■ mailed to all tenants on parcels contiguous to the subject parcel on October 27, 2011;
4 and
5 ■ mailed and/or emailed to all persons on the Walmart Expansion interested parties list on
6 October 27, 2011.
7
8 On October 27, 2011, the FEIR was made available on the homepage of the City of Ukiah
9 website under Walmart Expansion Project. On October 31, 2011, copies of the FEIR and
10 appendices were available for review at the following locations:
11
City of Ukiah Main Branch Library
Planning & Community Development Dept. 105 North Main Street
300 Seminary Avenue Ukiah, CA 95482
Ukiah, CA 95482
12
13 As of the writing of this staff report, no written correspondence has been received regarding the
14 EIR. The comments received to date regarding the EIR are included in Chapter 2 of the Final
15 EIR (see attachment 2).
16
17 CONCLUSION
18
19 As part of this hearing, ESA (the City's EIR consultant) will provide an overview of the EIR
20 process, discuss the steps completed to date as part of this process for the Walmart EIR, and
21 identify the next steps in the process for the Walmart EIR.
22
23 The purpose of this public hearing is to:
24
25 1. take public and Planning Commission comment on the EIR for the Walmart Expansion
26 Project; and
27 2. adopt a resolution to certify the Walmart Expansion Project EIR.
28
29 Should the Planning Commission be in a position to adopt the resolution to certify the EIR, staff
3o requests that the Commission begin the public hearing for the site development permit which is
31 agendized as a separate item.
32
33
34 ATTACHMENTS
35
36 1. Draft Resolution to Certify the Walmart Expansion Project EIR
37 2. Final Environmental Impact Report available on the City of Ukiah website
38 cityofukiah.com or contact Kim Jordan at 707.463.6207 ofkjordan(a�cityofukiah.com
39 (Provided to Planning Commission on 10/31/2011)
40
41
42 S:Planning/Planning Commission/Staff Reports/Walmart FEIR
43
Walmart Expansion Environmental Impact Report(EIR)
1155 Airport Park Boulevard,APN 180-070-38
File Nos.:09-42-EIR-PC/09-28-SDP-PC
9
1 RESOLUTION NO.
2
3 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF UKIAH MAKING
4 FINDINGS PURSUANT TO PUBLIC RESOURCES CODE SECTION 21081 AND
5 CALIFORNIA ENVIRONMENTAL QUALITY ACT ("CEQA") GUIDELINES SECTION 15090 IN
6 CONNECTION WITH THE CERTIFICATION OF THE WALMART EXPANSION PROJECT
7 ENVIRONMENTAL IMPACT REPORT
8
9
10
11 WHEREAS:
12
13 1. The City of Ukiah ("City") as Lead Agency has conducted an environmental review for
14 the proposed Wal-Mart expansion project that included the Environmental Impact Report
15 (EIR) scoping period, the Draft EIR, public review of the Draft EIR, and the Final EIR;
16 and
17
18 2. The Final EIR consists of the Draft EIR, as revised, plus the Final EIR. The Final EIR
19 includes all written comments received regarding the Draft EIR, responses to comments,
20 and the Mitigation Monitoring and Reporting Program (MMRP).
21
22 3. The implementation of the EIR scoping and review process is described in Section 1.2 of
23 the Final EIR. The following is a summary of the City's environmental review for this
24 project.
25
26 A. The City issued a Notice of Preparation (NOP) for a 30-day comment period between
27 March 11, 2010, and April 12, 2010. The NOP was distributed to governmental
28 agencies, organizations, and persons interested in the proposed project. The City
29 sent the NOP to agencies with statutory responsibilities in connection with the
30 proposed project with the request for their input on the scope and content of the
31 environmental information that should be addressed in the EIR. The City Planning
32 and Community Development Department held a Scoping Meeting on March 18,
33 2010 to take comments regarding the scope of the EIR in response to the NOP. The
34 environmental issues raised during the scoping process were considered in the Draft
35 EIR.
36
37 B. The Draft EIR was released on July 5, 2011. The Notice of Availability was published
38 in the Ukiah Daily Journal on July 3, 2011. The Notice of Completion was delivered
39 to the State Clearinghouse on July 5, 2011 (State Clearinghouse # 2010032042).
40 The review period closed on August 18, 2011. The Planning Commission of the City
41 of Ukiah held a public hearing to receive comment on the Draft EIR on August 10,
42 2011. 24 written comment letters were received during the review period, in addition
43 to comments made at the Planning Commission hearing on August 10. These
44 comments are included in their entirety in Chapter 2 of the Final EIR.
45
46 C. The Final EIR was released on October 31, 2011, 10 days prior to the first Planning
47 Commission hearing regarding EIR certification and project consideration.
48
49
Walmart Expansion Environmental Impact Report(EIR)
1155 Airport Park Boulevard,APN 180-070-38
File Nos.:09-42-EIR-PC/09-28-SDP-PC
10
1 4. The custodian of the Project record is the City of Ukiah Planning and Community
2 Development Department. The documents and other materials, which constitute the
3 record of proceedings for the City's certification of the EIR and potential approval of the
4 Project, including, but not limited to the items described in Public Resources Code
5 Section 21167.6(e), are located at the Planning and Community Development
6 Department, 300 Seminary Ave., Ukiah, CA 95482, and are available for review during
7 normal City business hours.
8
9 NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Ukiah
10 finds as follows:
11
12 1. Pursuant to CEQA Guidelines Section 15090 (Title 14 of the California Code of
13 Regulations, Section 15090) the Planning Commission certifies that the Final EIR has
14 been completed in compliance with the California Environmental Quality Act ("CEQA")
15 and the State CEQA Guidelines. The Planning Commission makes the following
16 findings:
17
18 A. The Final EIR has been completed in compliance with CEQA.
19
20 B. The City retained ESA of San Francisco, California, to prepare the Draft and
21 Final EIR documents for the proposed Project. The EIR was prepared under the
22 supervision and direction of the City Planning and Community Development
23 Department staff and presented to the Planning Commission. The EIR was
24 presented to the Planning Commission on November 9, 2011. The Planning
25 Commission has reviewed and considered the information contained in the Final
26 EIR.
27
28 C. The Final EIR reflects the City's independent judgment exercised in accordance
29 with CEQA Section 21082.1 (c) by reviewing, analyzing and revising material
3o prepared by the consultant; circulating the Draft EIR as a City document and
31 certifying that the Final EIR reflects the independent judgment of the lead
32 agency.
33
34 2. The proposed Project has the potential to result in significant impacts on the
35 environment. Pursuant to the CEQA Guidelines, an EIR is the required environmental
36 documentation for the City's consideration of the Project.
37
38
39
40
41 Judy Pruden, Chairperson
42
43
44
45 ATTEST:
46
47
48 Joanne Curry, City Clerk
Walmart Expansion Environmental Impact Report(EIR)
1155 Airport Park Boulevard,APN 180-070-38
File Nos.:09-42-EIR-PC/09-28-SDP-PC
11
1
Walmart Expansion Environmental Impact Report(EIR)
1155 Airport Park Boulevard,APN 180-070-38
File Nos.:09-42-EIR-PC/09-28-SDP-PC
12
1 ITEM NO. 9B
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: November 9, 2011
4
5 TO: Planning Commission
6
7 FROM: Kim Jordan, Senior Planner
8
9 SUBJECT: Walmart Expansion Site Development Permit & Modification to Landscape
10 Standards
11 1155 Airport Park Boulevard, APN 180-070-38
12 File Nos.: 09-28-SDP-PC
13
14 RECOMMENDATION
15
16 Staff recommends the Planning Commission conduct a public hearing on the Site Development
17 Permit (SDP) for the proposed Walmart expansion and provide direction to staff regarding the
18 approval, conditional approval, or denial of the SDP. Should the Planning Commission be in a
19 position to recommend approval or conditional approval of the Project, staff also requests the
20 Planning Commission provide direction on the Statement of Overriding Considerations for the
21 Project.
22
23 PROJECT DESCRIPTION AND SETTING
24
25 Project Description
26
27 An application has been received from TAIT and associates on behalf of Walmart for approval
28 of a major site development permit (SDP) to allow the expansion of and exterior modifications to
29 the existing Walmart store and modifications to the parking area and landscaping at 1155
30 Airport Park Boulevard, APN 180-070-38, in the Airport Industrial Park (AIP) (see attachments 1
31 and 2, project description and request for modification). The SDP application also includes a
32 request for approval of two modifications to the landscaping requirements included in AIP
33 Planned Development Ordinance 1098.
34
35 Current Site and Store
36
37 The site is currently developed with the existing Walmart store, parking and circulation facilities,
38 truck dock/loading area, and landscaping. The Walmart store includes a 104,152 square foot
39 building plus 4,878 square foot outdoor garden center which is located on the south side of the
40 building on a 13.44 acre site. The store includes the sale of general merchandise, food, garden
41 supplies, and beer and wine. The store also has a Tire and Lube Express sales and service
Walmart Expansion Project Site Development Permit
1155 Airport Park Boulevard,APN 180-070-38
File Nos.:09-28-SDP-PC/09-42-EIR-PC
1
1 center and a food tenant space (Subway). The store is open 6:00 a.m. to midnight seven days a
2 week.
3
4 Access to the site is provided via five access driveways — three access driveways from Airport
5 Park Boulevard and two access driveways from Commerce Drive. The easternmost driveway
6 on Commerce Drive also provides access to the truck dock/loading area. A gravel access road
7 for emergency vehicles leads from the north side of the store around the rear of the store ending
8 at the paved area near the loading dock.
9
10 The site includes 587 onsite parking spaces, of which 20 are taken by cart corrals, providing
11 567 net vehicle parking spaces. Based on the size of the store, a minimum of 422 vehicle
12 parking spaces is required (417 for the retail store plus 5 for the outdoor garden center). The
13 site provides a surplus of 145 parking spaces (567 - 422). The site is developed with one
14 loading dock with two doors located at the southeast corner of the building.
15
16 The landscaping on the site is comprised of lawn as groundcover along the Airport Park
17 Boulevard and Commerce Drive street frontages, and between the rear of the building and US
18 101. The primary parking lot tree is Swan Hill Olive; however, Chinese Pistache and Cherry
19 Laurel (see attachment 9, landscaping plans).
20
21 Proposed Site Design and Store
22
23 The Project would expand the existing building by 47,463 square feet and the outdoor garden
24 center by 158 square feet for a total expansion of 47,621 square feet. The Project would result
25 in a 151,615 square foot building plus 5,036 square foot outdoor garden center for a total store
26 size of 156,651 square feet. The majority of the increase in building square footage would be
27 allocated to grocery sales. Other uses of the additional building area include an increase of the
28 general merchandise sales area, increase in the food sales support and ancillary areas; and
29 new indoor garden center. The Tire and Lube Express would be removed as part of the Project.
3o Other uses that may be included as part of the expansion are distilled spirit sales, medical clinic,
31 and/or vision center. The hours of operation would be extended to 24 hours per day seven days
32 per week.
33
34 The exterior modifications proposed as part of the Project include three entry vestibules at the
35 front of the store, canopy over each vestibule, store front windows, awnings between the entry
36 vestibules, and benches. The exterior of the building would also be modified with varied
37 parapet heights, accent stone veneer on the canopy columns and as a decorative "base" below
38 the storefront windows, and earth tone colors. These features are intended to create a more
39 pedestrian friendly scale and to break up the mass and length of the building into smaller
40 section ands.
41
42 Parking and Loading
43
44 Access to the site would not be changed as a result of this Project. The emergency access
45 road would be paved as part of the Project. The eastern most driveway on Commerce Drive
46 would continue to provide access to the loading dock. The loading dock would be relocated
47 slightly east and north and would be expanded from two doors to four doors.
48
Walmart Expansion Project Site Development Permit
1155 Airport Park Boulevard,APN 180-070-38
File Nos.:09-28-SDP-PC/09-42-EIR-PC
2
1 The number of onsite parking spaces would increase to 632 from 587 parking spaces. Of the
2 632 parking spaces, 20 would be used for cart corrals leaving 612 spaces available for vehicle
3 parking. The expanded parking lot includes 96 new parking spaces, some of which would
4 replace parking spaces lost as a result of the expansion the building to the north. The new
5 parking spaces would be added by removing landscaping along the Airport Park Boulevard and
6 Commerce Drive street frontages. Access to the new parking spaces along Airport Park
7 Boulevard would be provided via the existing drive aisle. Access to the new parking spaces
8 along Commerce Drive would be provided via a new drive aisle. The expanded parking area
9 and new drive aisle would not alter the existing onsite circulation.
10
11 Landscaping and Tree Removal
12
13 In order to expand the building and provide the required parking for the Project, landscaping and
14 trees would be removed (see attachment 9, sheets L2.0 and L3.0). The groundcover removed
15 would be lawn. All of the "Swan Hill" Olive trees in the parking lot would be removed and
16 replaced with a more suitable species that would provide a larger shade canopy. Since the
17 olive trees have not provided the shade canopy coverage anticipated when the landscaping
18 plan was originally approved, staff recommended that the applicant consider removing the olive
19 trees and replacing them with a species that would provide better shade coverage of the parking
20 area. Two quercus coccineas (trees #113 and #131) would be removed in order to expand the
21 parking lot. All of the trees at the front of the building (Chinese Pistache and Crape Myrtle) and
22 at the east end of the parking aisles (Chinese Pistache and Cherry Laurel) would be removed
23 due to the re-grading needed to provide the at-grade entries to the store. Several trees at the
24 corner of Airport Park Boulevard and Commerce Drive would be removed in order to provide the
25 required parking.
26
27 The landscaping plan includes the planting of 157 trees, groundcover and shrubs (see
28 attachment 9, sheet L4.0). The trees to be planted include: Red Oak and London Plane in the
29 parking lot; Crape Myrtles as accent trees at the front of the building; Coast Live Oak and
30 California Redwood along Airport Park Boulevard, Commerce Drive, and Highway 101; and
31 Chinese Pistache at the eastern end of the parking aisles (to replace the trees that would be
32 removed due to grading). The ratio of trees planted to trees removed is 1.45:1 (157/108).
33
34 Please note: The information included on attachment 9, sheets L2.0-L4.0 differs from the
35 information included Table 4.12-2 FEIR. An errata for this table will be prepared and provided to
36 the Planning Commission at the November 9, 2011 meeting on the Walmart Expansion Project
37 EIR. The number of trees to be removed was further evaluated and it was determined that
38 additional trees would require removal due to construction impacts (related primarily to
39 regarding the site for the at-grade entry). Almost all of the additional trees identified for removal
4o are located at the front of the store and are non-native. One additional Scarlet Oak (#131) has
41 been identified as "to be removed" which is located at the middle drive aisle on Airport Park
42 Boulevard.
43
44 Pedestrian and Bicycle Amenities
45
46 Pedestrian facilities proposed as part of the Project include the installation of sidewalks on
47 Airport Park Boulevard and Commerce Drive and a pedestrian walkway extending from the new
48 sidewalk on Airport Park Boulevard to the front of the store. The Project also includes a Class
Walmart Expansion Project Site Development Permit
1155 Airport Park Boulevard,APN 180-070-38
File Nos.:09-28-SDP-PC/09-42-EIR-PC
3
1 III bike route on Airport Park Boulevard and bike racks at the front and south side of the
2 building.
3
4 Setting
5
6 The Project site is surrounded by parcels with the following general plan and zoning
7 designations and land uses.
8
General Plan Zonin Land Uses
ProjeCt Master Plan Area Planned Development(PD)- Walmart-retail sales,food
(MPA) Airport Industrial Park tenant,Tire& Lube Express,
outdoor garden center
North Master Plan Area Planned Development(PD)- Gas station and fast food
(MPA) Airport Industrial Park restaurant
Commercial (C) Community Commercial(C-1) Residential neighborhood north
of Talmage Road
South Master Plan Area Planned Development(PD)- Retail stores and restaurants
(MPA) Airport Industrial Park
East(1) Commercial (C) Heavy Commercial (C-2) Equipment rental,tractor sales
Community Commercial(C-1) and rental,construction yard,
lodge and rv parking
West Master Plan Area Planned Development(PD)- Hotels, restaurants, retail stores,
(MPA) Airport Industrial Park office
Public(P) Public Facility(PF) Ukiah Municipal Airport
Industrial (I) Manufacturing(M)
1.Eastside of Highway 101
9
10
11 BACKGROUND
12
13 Original Project Approvals
14
15 The original Walmart project required approval of a Major Site Development Permit and an
16 amendment to the Airport Industrial Park (AIP) Planned Development (PD). City Council
17 approved the original Walmart project in 1993 (City Council Resolution 93-19 and Site
18 Development Permit File No. 90-87). An environmental impact report (EIR) was prepared and
19 certified for the existing Walmart development as well as for the amendment to the AIP PD
20 (Walmart and Amendment to Airport Industrial Park Planned Development EIR). As part of
21 certifying the EIR and approving the AIP PD Amendment and Walmart development, City
22 Council adopted the following resolutions and ordinance:
23
24 ■ Resolution 93-16 certifying the Final EIR for the AIP Planned Development Amendment
25 and the Walmart Site Development Permit;
26 ■ Resolution 93-17 making the required California Environmental Quality Act (CEQA)
27 findings pursuant to CEQA Guidelines section 15091;
28 ■ Resolution 93-18 determining AIP PD Amendment and Walmart SDP consistent with
29 Airport Land Use Law;
Walmart Expansion Project Site Development Permit
1155 Airport Park Boulevard,APN 180-070-38
File Nos.:09-28-SDP-PC/09-42-EIR-PC
4
1 ■ Resolution 93-19 approving the Walmart SDP;
2 ■ Resolution 93-20, establishing mitigation monitoring program for the AIP PD Amendment
3 and the Walmart Site Development Permit; and
4 ■ Ordinance 92-9 amending the AIP Planned Development.
5
6 The EIR mitigation monitoring program (resolution 93-20) included a total of 38 mitigation
7 measures all of which were included as conditions of approval (resolution 93-19).
8
9 Public Comment
10
11 Many of the comments received in response to the Draft EIR, were related to the existing
12 Walmart development and not related to the proposed Project or the adequacy of the draft EIR.
13 In order to provide as much information as possible to decision makers and the public, staff has
14 attempted to answer as many of these questions as possible. Below are Master Responses
15 that address many of the the comments provided relating to the existing Walmart development
16 and the original approvals.
17
18
Table 1: Existin Walmart Develo ment
Miti ation Measures and Conditions of Approval
Approved Project and Certified EIR The existing Walmart store is 109,030 square feet which
The certified EIR and approved Site Development is less than the total store size(approved store size plus
Permit allowed a 93,732 square foot store with the expansion)evaluated in the EIR and approved as part of
future right to a 30,000 square foot addition on the east the Site Development Permit. As such,it is consistent
side of the building,740+nine foot wide parking spaces with the original approvals and EIR.
on a 14.8 acre lot.The EIR also assumed the The 109,030 square foot store requires a minimum of 5
development of 1 service station and 1 fast food outlet parking spaces for the outdoor garden center(4878
on the parcel located to the north of Walmart. sf/1000 sf)and 417 parking spaces for the retail use
(104,152 sf/250 sf)for a total of 422 parking spaces.
The existing development provides 567 parking spaces
(587 spaces—20 cart corrals)which exceeds the
minimum parking requirement. Applicants may
propose and the City may approve more than the
minimum amount of parking required by the Ukiah City
Code(UCC).
The one acre parcel referred to in the approval is the
parcel located at the southeast corner of Talmage Road
and Airport Park Blvd.which has been developed with a
gas station, mini-mart,and fast food restaurant.
Walmart EIR COA/MM#2b: Traffic This mitigation measure allowed the construction of an
Walmart shall be responsible for coordinating with alternate design if the design was approved by CalTrans
CalTrans and constructing an additional access and the City Engineer. An alternate design was
approach to Talmage Road on the existing Highway 101 constructed;therefore,the project is consistent with
south to Talmage Road east exit ramp. Such approach this mitigation measure.
shall form a "T" intersection with Talmage Road on its Installation of a signal was required when signal
southern border;shall be stop sign controlled;and shall warrants required it and were to be paid through
allow left turn movements to westbound Talmage capital improvement fees(UCC section 9543).
Road. Walmart may construct an alternate design that A signal at the intersection of Talmage Road and the US
accomplishes the same purpose, if approved by 101 exit ramp is not included in the AIP/RBP CIP.
Walmart Expansion Project Site Development Permit
1155 Airport Park Boulevard,APN 180-070-38
File Nos.:09-28-SDP-PC/09-42-EIR-PC
5
Table 1: Existin Walmart Develo ment
CalTrans and the City Engineer. In concert with this
access improvement,the existing Highway 101 south to
Talmage Road west exit ramp,currently located north
of Talmage Road,shall be abandoned. Within three(3)
months of the effective date of its Site Development
Permit,Walmart shall submit plans to CalTrans in
acceptable form. Walmart shall complete construction
of the necessary improvements within six(6)months of
receiving all necessary permits.A traffic signal at this
intersection shall be installed when signal warrants
require it. Cost of the signal shall be paid through the
adoption of a resolution under UCC Section 9543.
Walmart EIR COA/MM#8b: Visual Compliance with this MM/COA would have been
The shade trees provided in the parking lot shall be of determined as part of staff review of building permit
sufficient size in trunk diameter, height,and canopy plans and compliance with the approved building
diameter to provide substantial shading of the parking permit plans would have been verified prior to issuance
area at the time the store opens to public use.Walmart of the certificate of occupancy for the existing
shall plant one shade tree per four(4)parking spaces, development.As such,City staff previously determined
using fifteen (15)gallon trees as a minimum size. that the existing landscaping complied with this
Planter islands within which the trees are placed shall MM/COA. Of note,the location of the tree planters on
be designed to protect the trees from being damaged the site is consistent with the plans for the original Site
by vehicles using the parking lot. Development Permit. Also, no performance standards
related to trunk diameter, height,canopy diameter,or
shade coverge were included as part of the MM/COA.
The parking lot includes 587 parking spaces which
would require 147 trees(587/4). From the site plan,it
appears that there are fewer than 147 trees located in
the parking lot. However,there are 221 trees on the
Project site.Some of the 74 trees could have been
counted as parking lot trees.
Staff acknowledges that the olive trees have provided
far less shade than anticipated; however since the
MM/COA does not include performance standards and
the olive trees were approved by the City,the existing
development is consistent with this MM/COA.
Walmart EIR COA/MM#20:Air Quality/Traffic Class II bike lanes have been installed on both sides of
Bike lanes shall be extended to the site from the the street from the Hastings Road/South State Street
Hastings Road/State Street intersection,subject to intersection to the intersection of Hasting/Airport
feasibility as shall be determined by the City Engineer; Road/Commerce Drive with the exception of a section
following completion of widening and improvement of immediately east of the intersection where the right-of-
Talmage Road westerly from the site to State Street, way is too narrow to install bike lanes.
bike lanes shall be provided along Talmage Road. Sidewalk has been installed on the north side of
Sidewalks shall be put in place along the northerly side Hastings Road from the intersection of South State
of Hastings-Airport Road access to Commerce Street/Hastings Road to the intersection of
Boulevard to provide pedestrian access in conjunction Hasting/Airport Road/Commerce Drive with the
with roadway improvements.Where possible,and exception of a section immediately east of the
roadway and rights of way permit,trees should be intersection where the right-of-way is too narrow.
planted along sidewalks by the applicant to provide a Due to airport compatibility concerns and lack of right-
shaded walkway;the planting of such trees along of-way,shade trees were not planted.
Walmart Expansion Project Site Development Permit
1155 Airport Park Boulevard,APN 180-070-38
File Nos.:09-28-SDP-PC/09-42-EIR-PC
6
Table 1: Existin Walmart Develo ment
Hastings Avenue by the applicant shall not interfere Until recently,this section of Talmage Road was under
with airport operations. CalTrans jurisdiction, not the City of Ukiah's. The road
was not widened and the existing road width was not
adequate to provide the bike lanes indicated in this
MM/COA. The City recently acquired this section of
Talmage Road from CalTrans. City Council has indicated
its desire to have pedestrian and bicycle improvements
constructed in this area.
Walmart EIR COA/MM#21:Air Quality/Traffic Staff requested and the applicant provided information
Walmart shall develop a carpooling program for its regarding the carpool program (see attachment 3). The
employees,and shall offer meaningful incentives to store currently has a carpool coordinator that
those who carpool. Further Walmart shall monitor the implements the Employer Trip Reduction
progress and success of its carpooling program,on a Implementation Plan. Neither ongoing monitoring of
semi-annual basis and make any appropriate the program by the City nor performance measures
adjustments to enhance its success. After the program were required as part of the COA/MM.
is established,Walmart shall file a written report with
the Director of Community Development describing the
project.
Subsequent Entitlement Approvals
Outdoor Sales Use Permit(File No.96-11) At the time this use permit was approved,the site
On April 10, 1996, Planning Commission approved a use provided more parking spaces than required.As part of
permit to allow the outdoor display and sales of garden the proposed Project,the site would provide the
supplies and the construction of a greenhouse in the minimum number of parking spaces required by the
western portion of the parking area adjacent to UCC.
Commerce Drive. The applicant has provided additional information
regarding outdoor sales and has indicated the
expansion of the store would eliminate the need for
outdoor sales(see attachment 3).
See Table 4, Parking section for additional information
Seasonal Sales Use Permit(98-29) This seasonal sales use permit was in addition to Use
On November 18, 1998,the Zoning Administrator Permit 96-11 that approved the outdoor sales and
approved seasonal outdoor sales in a portion of the display of garden supplies.
parking lot located at the front of the store.The sales At the time this use permit was approved,the site
were allowed to occur 30 days or fewer per calendar provided more parking spaces than required.As part of
year. the proposed Project,the site would provide the
minimum number of parking spaces required by Code.
The applicant has provided additional information
regarding outdoor sales and has indicated the
expansion of the store would eliminate the need for
outdoor sales(see attachment 3).
See Table 4, Parking section for additional information
Redwood Business Park/Airport Industrial Park Capital Improvement Pro ram (CIP)
Redwood Business Park/Airport Industrial Park Capital The original RBP/AIP CIP was adopted by the City
Improvement Program(CIP) Council on September 1, 1999. Based on the
information provided by the Public Works Department,
the following improvements are included in the
RBP/AIP CIP: intersection improvements at Airport Park
Blvd.and Talmage Road; minor widening of Talmage
Walmart Expansion Project Site Development Permit
1155 Airport Park Boulevard,APN 180-070-38
File Nos.:09-28-SDP-PC/09-42-EIR-PC
7
Table 1: Existin Walmart Develo ment
Road between the US 101 southbound off-ramp and
Airport Park Blvd.;and intersection improvements at
South State Street and Hastings Ave./Washington Ave.
Current CIP Fund Balance As of November 2,2011,the RBP/AIP CIP fund balance
is$260,348.79. This fund balance is not adequate to
fund all of the improvements included in the CIP.
Projects Subject to CIP Fee Projects approved during or after the adoption of the
CIP fee are required to pay the fee. Projects approved
prior to the adoption of the CIP program and associated
fee were not required to pay the fee. The existing
Walmart development was approved prior to the
creation of the CIP and fee and therefore was not
subject to the fee since it did not exist at the time. The
proposed Project is subject to the CIP fee which is
estimated to be$17,835.99 based on a development
area of 2.52 acres.
Walmart Business Practices and Existin Store Operations
Camping,Panhandling,Onsite Consumption of Ukiah City Code section 6081 prohibits camping on
Alcoholic Beverages private property and includes the following definitions:
■ Camp or Camping: The activity of living
temporarily in the outdoors,including to place,
pitch, or use camp facilities or camp
paraphernalia for such purposes.
■ Camp Facilities:Includes, but is not limited to,
tents, huts, motor vehicles, recreational
vehicles or temporary structures, when
established,maintained or operated to camp.
UCC section 6091 prohibits panhandling in any public or
private parking lot and within 20 feet of any entrance or
exit of a retail store.
A condition of approval for the Project would require
the site to be posted with signs notifying the public of
these prohibitions. This would also be addressed as
part of the Security Plan required for the Project.
Employee Use of the Onsite Medical Clinic and/or Staff requested additional information from the
Vision Care Center applicant in order to provide a response to this
comment(see attachment 3).
Hours of Operation The City does not have an ordinance that restricts store
Commenters recommended less than 24 hour hours. Within the AIP PD, FoodMaxx operates 24 hours
operation. a day seven days per week. Safeway also has 24 hour
operations. Staff requested additional information
from the applicant in order to provide a response to this
comment(see attachment 3).
Type of New Jobs—Full Time or Part Time Staff requested additional information from the
applicant in order to provide a response to this
comment(see attachment 3).
1
Walmart Expansion Project Site Development Permit
1155 Airport Park Boulevard,APN 180-070-38
File Nos.:09-28-SDP-PC/09-42-EIR-PC
8
1 STAFF ANALYSIS
2
3 General Plan. The General Plan land use designation of the site is Master Plan Area (MPA).
4 This MPA is comprised of the areas commonly known as Airport Industrial Park (AIP) and
5 Redwood Business Park (RBP). The MPA land use designation is intended to meet precise
6 planning needs and is a means of providing for a variety of land uses in larger areas and/or
7 areas with parcels under multiple ownerships. The MPA designation is the intended land use
8 for areas proposed for specific plans, areas plans, or planned developments. In this case, the
9 MPA designation is applied to a planned development (PD). The land uses allowed and
10 development standards are determined by the zoning standards approved as part of the PD
11 zoning designation.
12
13 The general plan goals and policies that may be applicable to the Project have been included in
14 the EIR. Some of the goals and policies identified are more applicable on a programmatic basis
15 than on a project basis; however, all of the goals and policies were included in the general plan
16 analysis in order to provide as much information as possible to decision makers and the public.
17 Staff has reviewed the general plan goals and policies in order to identify those goals and
18 policies that are typically addressed on a programmatic basis. These goals and policies are
19 identified in italics as Program Level Goal/Policy in the table below.
20
21 One additional goal is included in Table 2 below that was not included in the EIR since this goal
22 is related to economic development and does not relate to an environmental effect. Staff
23 requests Planning Commission determine whether or not the Project is consistent with this goal.
24
Table 2 : General Plan Consisten Anal sis
Goal/Polic Consistenc Determination
Economic Develo ment
ED-1 Staff requests the Planning Commission determine whether or not the
Support a strong local economy. project is consistent with this goal.
For past projects, Planning Commission has considered revenue
generation such as an increase in property tax and/or sales tax
revenue,job creation (including the number,type,and benefits and
income associated with the jobs), and/or whether the applicant was a
local resident or business owner when making this consistency finding.
Planning Commission may also consider other information as provided
as part of the record.
Overall General Plan and Growth Mana ement
GP-1 This policy is unrelated to potential physical impacts that may result
Promote,attract or assist in developing from the proposed Project. Consistency with this policy will be
businesses, particularly those that add determined by the Planning Commission.
value to resources already found or
processed in the Ukiah Valley.
GP-2 This policy is unrelated to potential physical impacts that may result
Promote business development, from the proposed Project.Consistency with this policy will be
emphasizing local ownership of determined by the Planning Commission.
businesses in order to keep capital
growth within the community.
GP-20.2 Program Level Goal/Policy
Protect water supplies from adverse Consistent:The proposed Project would implement construction and
Walmart Expansion Project Site Development Permit
1155 Airport Park Boulevard,APN 180-070-38
File Nos.:09-28-SDP-PC/09-42-EIR-PC
9
Table 2 : General Plan Consisten Anal sis
Goal/Polic Consistenc Determination
impacts. operational stormwater quality protection measures in compliance
with the Stormwater Pollution Prevention Plan and the City's
Stormwater Management Plan,including implementation of an erosion
and sediment control plan.Additional mitigation is proposed to
address water quality impacts during grading and dewatering activities.
See Section 4.6 for a listing of regulatory requirements and mitigation
measures designed to protect water quality.
GP-20.3 Consistent:As described in Section 4.2,Air Quality,the proposed
Maintain and enhance air quality. Project would not exceed the applicable thresholds for criteria
pollutants including particulate matter and ozone precursors.
GP-24 Consistent:See detailed discussion of this topic in Section 4.1,
Conserve and enhance the natural Aesthetics.
beauty of the Ukiah Valley.
GP-25 Consistent:See detailed discussion of this topic in Section 4.1,
Ensure aesthetic qualities in the design Aesthetics.
and construction of the community.
GP-25.2 Consistent:The proposed Project would expand the existing entry and
In areas to be developed or redeveloped, vestibule area and an additional entry and vestibule area will be added
ensure usable open space and common to the front of the store. Entry areas will feature large trees native to
space. the Ukiah landscape and will provide seating for customers waiting for
pickup.The areas that flank each of the entry vestibules will feature
decorative awnings to further shade customers from the elements.
See also GP-26, below.
GP-26 Consistent:Some areas of existing landscaping will be removed to
Require that landscaping be a significant provide additional parking to meet the City requirements.The planter
component of development and islands along the front drive aisle will be removed and replaced due to
redevelopment. the reconstruction of the store front and drive aisle to meet
accessibility requirements.The existing olive trees in the parking field
planters will be replaced with more suitable shade trees. New parking
areas along street frontages will be enhanced with shrubbery that will
screen the parking field from public view as well as new planter islands
and trees. New trees will be planted on the east side of the expanded
building to break up the massing of the building and to provide visual
relief along the Highway 101 corridor. New planter islands and trees
will be placed along the front building sidewalk to provide shade and
seating for waiting customers.
GP-27 Consistent:See detailed discussion of this topic in Section 4.1,
Maintain scenic viewsheds of the Valley. Aesthetics.
GP-28 Program Level Goal/Policy
Make Ukiah a leader in the development Consistent:The proposed Project includes multiple sustainable
of responsible resource-conserving ways features designed to reduce consumption of resources.See Section
of living and doing business,giving the 3.0, Project Description,for the complete list.
fullest consideration to the impacts of
our actions on future generations.
GP-29.3 Consistent:While regional shopping uses rely heavily on the
Promote public transportation,services automobile,the project is located at an existing retail site served by
within walking distance in transit,and mitigation measures will upgrade the bicycle and pedestrian
Walmart Expansion Project Site Development Permit
1155 Airport Park Boulevard,APN 180-070-38
File Nos.:09-28-SDP-PC/09-42-EIR-PC
10
Table 2 : General Plan Consisten Anal sis
Goal/Polic Consistenc Determination
neighborhoods,and any other feasible infrastructure (see Section 4.10,Transportation). Further,by including
means of preventing needless vehicle groceries,the store will provide a one-stop shopping opportunity,which
use and pollution. will prevent the need for customers to visit multiple stores for their
general merchandise and grocery purchases.
O en S ace and Conservation
OC-1.2 The proposed Project is the expansion of an existing retail store at a
New residential,commercial, and developed site.Therefore,the inclusion of open space as a condition
industrial development shall include of new development is not applicable.
open space as defined in the Land
Development Code.
OC-7.4 Consistent:See detailed discussion of this topic in Section 4.6,
Take measures to lessen flooding Hydrology.
resulting from runoff.
OC-9.5 Consistent:The project is consistent with this goal as described in DEIR
Establish water course protection areas Section 4.6, Hydrology.
with construction limits to provide
protection for riparian vegetation and
stream banks.
OC-13.1 Program Level Goal/Policy
Maintain long-term sustained yield of Consistent:The project is consistent with this goal as described in DEIR
the Valley's groundwater system shall be Section 4.6, Hydrology.
the standard for evaluation for
groundwater protection programs.
OC-14.1 Program Level Goal/Policy
Support actions to retain water in the Consistent:The project is consistent with this goal as described in DEIR
Ukiah Valley. Section 4.6, Hydrology.
OC-15.1 Consistent:The proposed Project would implement construction and
Protect water quality from adverse operational stormwater quality protection measures in compliance
impacts of urban and agricultural runoff. with the Stormwater Pollution Prevention Plan and the City's
Stormwater Management Plan,including implementation of an erosion
and sediment control plan.Additional mitigation 4is proposed to
address water quality impacts during grading and dewatering activities.
See Section 4.6 for a listing of regulatory requirements and mitigation
measures designed to protect water quality.
OC-16.1 Consistent:The proposed Project would implement construction and
Protect surface water supplies from operational stormwater quality protection measures in compliance
water generated in parking lots. with the Stormwater Pollution Prevention Plan and the City's
Stormwater Management Plan, including implementation of an
erosion and sediment control plan.See Section 4.6 for a listing of
regulatory requirements and mitigation measures designed to protect
water quality.
OC-16.2 Program Level Goal/Policy
Manage stormwater flows to reduce the Consistent:The proposed Project would implement construction and
hazard of flooding from increased operational stormwater quality protection measures in compliance
stormwater flows. with the Stormwater Pollution Prevention Plan and the City's
Stormwater Management Plan.See Section 4.6 for a listing of
regulatory requirements and mitigation measures designed to reduce
flood impacts of stormwater flows.
Walmart Expansion Project Site Development Permit
1155 Airport Park Boulevard,APN 180-070-38
File Nos.:09-28-SDP-PC/09-42-EIR-PC
11
Table 2 : General Plan Consisten Anal sis
Goal/Polic Consistenc Determination
OC-22 Consistent: Five native Valley oaks located on the Project site would
Conserve and replenish valley oaks in the be retained by the Project.
Va l l ey.
OC-22.1 Consistent: Five native Valley oaks located on the Project site would
Maintain, protect,and replant stands of be retained by the Project.
Valley Oaks
OC-23 Consistent:The proposed Project incorporates some native plants and
Native plant landscaping shall be trees that will survive in a commercial development environment as
encouraged. well as Mediterranean species that do not require excessive water use.
OC-23.1 Consistent:The proposed Project incorporates some native plants and
Define standards that include native trees that will survive in a commercial development environment as
plant landscaping. well as Mediterranean species that do not require excessive water use.
The Airport Industrial Park development standards strongly encourage,
but do not require, native plants.
OC-24 Consistent:The proposed Project would replace all olive trees in the
Replace aging trees with new trees. parking area with large canopy deciduous trees.Additional trees and
other vegetation would also be planted as part of the Landscape Plan.
OC-25 Consistent:The proposed Project would remove the existing olive
Maintain and enhance the City's canopy trees and replace with large canopy deciduous trees.The shade would
of shade trees. increase under the proposed Project.
OC-25.1 Consistent:The proposed Project would remove the existing olive
Protect existing healthy mature trees to trees and replace with large canopy deciduous trees.The shade would
maintain shade and area attractiveness. increase. Of the 221 trees currently on the Project site, 108 would be
removed, 113 would be retained,and 157 would be planted. Most of
the trees to be removed are the olive trees in the parking lot and the
decorative trees located in front of the building and at the eastern
ends of the parking aisles. These trees olive trees and trees at the end
of the parking aisles do not provide suitable shade currently and would
be replaced with trees that would be more suitable and provide a
larger shade canopy. The decorative trees at the front of the building
would be replaced in kind and no provide shading.
OC-28 Consistent:See detailed discussion of this topic in Section 4.1,
Visually enhance the Highway 101 Aesthetics.
corridor through the Planning Area.
OC-28.1 Consistent:The proposed Project includes new landscaping adjacent
Upgrade the visual appearance of the to the Highway 101 corridor and screening of all rooftop-mounted
corridor along Highway 101. equipment.
OC-29 Consistent:The proposed Project would remove the existing olive
Maintain and enhance the"urban trees and replace with large canopy deciduous trees.Of the 221 trees
forests"which create a sense of urban currently on the Project site, 154 would be retained.
space.
OC-29.1 Consistent:The proposed Project would remove the existing olive
The development review process shall trees and replace with large canopy deciduous trees.The shade would
incorporate measures to maintain and increase. Of the 221 trees currently on the Project site, 113 would be
enhance the urban tree canopy. retained and 157 new trees would be planted. Most of the trees to be
removed have small tree canopies and do not contribute in a
meaningful way to the urban tree canopy. The replacement trees
Walmart Expansion Project Site Development Permit
1155 Airport Park Boulevard,APN 180-070-38
File Nos.:09-28-SDP-PC/09-42-EIR-PC
12
Table 2 : General Plan Consisten Anal sis
Goal/Polic Consistenc Determination
would provide a larger tree canopy.
OC-31.1 Program Level Goal/Policy
Concentrate development to encourage Consistent:The proposed Project is located in a concentrated
mass transit and limit automobile use. commercial area and is surrounded by similar land uses.
OC-32.1 Consistent:The proposed Project would implement construction air
The City and County shall require all air quality mitigation measures to reduce emissions from construction
quality mitigation measures to be sources in accordance with MCAQMD guidelines.
reasonable,effective,feasible,
measureable,and implementable
concurrent with project development.
OC-34.1 Consistent:The MCAQMD has been contacted,and the City will
Submit all discretionary applications to circulate the Draft EIR to the MCAQMD.
the MCAQMD for review and comment.
OC-37.2 Consistent:The proposed Project would implement construction air
Work to reduce particulate emissions quality mitigation measures to reduce emissions from construction
from construction activities. sources in accordance with MCAQMD guidelines.See Section 4.2 for a
listing of regulatory requirements and mitigation measures to reduce
PM emissions from construction activities.
OC-38.1 Consistent:The proposed Project would include energy efficient HVAC
Require"clean air" heat sources in new units,central energy management system,and the capture of waste
construction. heat from refrigeration equipment to heat water for the kitchen
preparation areas.
Noise
NZ-1 Consistent:The proposed Project would not result in a significant
Stabilize or reduce transportation noise impact to residential areas regarding transportation noise.See
impacts on adjacent residential. detailed discussion of this topic in Section 4.8, Noise.
NZ-1.6 Consistent:The proposed Project is located beyond the noise contour
Incorporate sound reducing measures in line in which impacts from airport operations would be expected.
new construction around the airport.
NZ-2.2 Consistent:An analysis of the Project's noise impacts has been
Ensure adequate analysis of noise conducted (see Section 4.8, Noise). Mitigation measures are proposed
impacts when reviewing project permits. to reduce construction and operational noise impacts on sensitive
receptors.
NZ-2.3 Consistent:See detailed discussion of this topic in Section 4.8, Noise.
Land use designations shall follow State
of California noise and land use
compatibility guidelines.
NZ-2.4 Consistent: Mitigation measures are proposed to reduce operational
Protect existing residential areas from noise impacts on sensitive receptors.See Section 4.8.
future noise impacts.
Safe
SF-1 Consistent:See detailed discussion of this topic in Section 4.4,Geology
Regulate new development in fault and Soils.
zones.
SF-1.1 Consistent:The proposed Project is not located within an Alquist-
Avoid urban-scale development within Priolo Earthquake Fault Zone.
Alquist-Priolo Earthquake Fault Zones.
Walmart Expansion Project Site Development Permit
1155 Airport Park Boulevard,APN 180-070-38
File Nos.:09-28-SDP-PC/09-42-EIR-PC
13
Table 2 : General Plan Consisten Anal sis
Goal/Polic Consistenc Determination
SF-2 Consistent:See detailed discussion of this topic in Section 4.4,Geology
Regulate development across or near and Soils.
earthquake faults outside the Alquist-
Priolo Earthquake Zone.
SF-2.1 Consistent:The proposed Project would comply with all applicable
Provide development guidelines for California Building Standards Code requirements.
building outside Alquist-Priolo
Earthquake Fault Zones.
SF-2.2 Consistent:See detailed discussion of this topic in Section 4.4,Geology
Protect people and property from and Soils.
landslide danger.
SF-3.1 Consistent:The Project site is not located within a 100-year flood zone
Ensure adequate standards for and is greater than 1,000 feet from Doolin Creek and Russian River.
development within the One Hundred The Project site does not lie in a floodplain or in an area with flood
Year Flood Plain. risks.
Ener
EG-1 Program Level Goal/Policy
Create land use patterns which facilitate Consistent:The proposed Project will not affect land use patterns;
the conservation of energy. however,the proposed Project would include energy-conserving
features such as skylights, night dimming,and white roofs.
Furthermore,the proposed Project would remove the existing olive
trees and replace with large canopy deciduous trees.The shade
coverage would increase. In addition, by including groceries,the store
will provide a one-stop shopping opportunity,which will prevent the
need for customers to visit multiple stores for their general merchandise
and grocery purchases,thereby reducing energy expended on multiple
shopping trips.
EG-1.1 Consistent:The proposed Project includes sidewalks along Airport
Locate shopping,employment and Park Boulevard and partially along Commerce Drive as well as a Class
recreation opportunities within walking III bicycle route along Airport Park Boulevard that would serve the
or bicycling distance of proposed and residential area located approximately 500 feet north of the site.
existing housing. Bicycle racks accommodating 45 bicycles would also be included.
EG-4 Consistent:The proposed Project would include energy-conserving
Maximize on-site energy use,especially features such as skylights, night dimming,and white roofs.
in new developments.
EG-4.1 Consistent:The proposed Project would include energy-conserving
Incorporate solar energy considerations features such as skylights, night dimming,and white roofs.
into the design, review and approval of
all development.
EG-5 Consistent:The proposed Project would remove the existing olive
Site design shall incorporate shade trees trees and replace with large canopy deciduous trees.The shade
for energy conservation. coverage would increase.
EG-5.1 Consistent:The proposed Project would remove the existing olive trees and
Encourage minimum canopy coverage of replace with large canopy deciduous trees.The shade coverage would
all paved area on a lot. increase.
EG-6 Consistent:The proposed Project would include energy-conserving
Promote energy efficiency features in features such as skylights, night dimming,and white roofs.
Walmart Expansion Project Site Development Permit
1155 Airport Park Boulevard,APN 180-070-38
File Nos.:09-28-SDP-PC/09-42-EIR-PC
14
Table 2 : General Plan Consisten Anal sis
Goal/Polic Consistenc Determination
the design of all new structures and in
the retrofitting of existing structures.
EG-6.1 Consistent:The proposed Project would include energy-conserving
Design new buildings with the maximum features such as skylights, night dimming,and white roofs.
feasible energy efficiency.
EG-6.3 Consistent:The proposed Project would include energy-conserving
Promote retrofitting of privately-owned features.These may include such modifications as skylights,efficient
buildings to increase energy efficiency. HVAC units,white roofs, lighting retrofit, use of recycled steel and
plastic, low-flow water fixtures,and a Construction&Demolition
Debris Recy-cling Program,among others.See Sections 4.9 and 4.11
for discussion.
Parks and Recreation
PR-13.3 Consistent:The proposed Project includes a new Class III bicycle route
All new developments shall incorporate along Airport Park Boulevard.
safe bicycle lanes in project street
design.
Historic and Archeolo ical Resources
HA-4.1 Consistent:The proposed Project consists of the expansion of an
Consider the visual character of existing Walmart store located in an urbanized area of the City of
surrounding developments when Ukiah that is generally devoted to commercial and retail uses.The
reviewing discretionary project proposed Project includes new landscaping designed to be compatible
approvals. with adjacent properties,and screening of rooftop mechanical equipment.
Mitigation Measure 4.1-3 would require the preparation of a
photometric plan demonstrating that lighting will not spillover onto
adjacent properties.All outdoor light fixtures would be directed
downwards.
Communi Facilities and Services
CF-1 Program Level Goal/Policy
Maintain a safe and adequate water While this policy may not be applicable on a project by project basis,
system to meet the needs of existing and the proposed Project would not exceed available water supply and is
projected development. therefore consistent.See detailed discussion of this topic in Section
4.9, Public Services and Utilities.
CF-6 Program Level Goal/Policy
Maintain quality sewage treatment and While this policy may not be applicable on a project by project basis,
disposal services. the proposed Project would not exceed available sewer capacity and is
therefore consistent.See detailed discussion of this topic in Section
4.9, Public Services and Utilities.
CF-6.1 Program Level Goal/Policy
Maintain an adequate level of service in While this policy may not be applicable on a project by project basis,
the City's sewage collection,treatment the proposed Project would not exceed available sewer capacity and is
and disposal system to meet the needs therefore consistent.See detailed discussion of this topic in Section
of existing and projected development 4.9, Public Services and Utilities.
and all State and Federal Guidelines.
CF-8 Program Level Goal/Policy
Maintain effective,fast,and dependable While this policy may not be applicable on a project by project basis,
emergency medical response in the the proposed Project would not significantly increase emergency
Valley. medical response times and is therefore consistent.See DEIR section
4.9, Public Services and Utilities.
Walmart Expansion Project Site Development Permit
1155 Airport Park Boulevard,APN 180-070-38
File Nos.:09-28-SDP-PC/09-42-EIR-PC
15
Table 2 : General Plan Consisten Anal sis
Goal/Polic Consistenc Determination
CF-11 Program Level Goal/Policy
Ensure adequate public school facilities Consistent:The proposed Project would not be expected to result in a
necessary to sustain a quality learning substantial increase in school-aged children since it is not increasing
environment as the population of the the population.The applicant would be required to pay applicable
Planning Area increases. school impact fees in accordance with SB 50.
CF-11.2 Consistent:The proposed Project would not be expected to result in a
Consider potential impacts on the Ukiah substantial increase in school-aged children.The applicant would be
Unified School District during the review required to pay applicable school impact fees in accordance with SB
of discretionary projects. 50.
Circulation and Trans ortation
CT-1.1 Consistent:The roads providing primary access to the site consist of
Land use entitlements shall be based on arterial and collector streets.The proposed Project,in combination
the classification and capacity of the with current and proposed development,would contribute trips to
street or road providing primary access. some intersections that are anticipated to operate below acceptable
standards. Necessary intersection improvements have been identified,
and the Project applicant is required to provide fair-share payments to
fund the improvements.That said,full funding sources have not been
identified to fund these improvements,and as such the improvements
may not ultimately be made or be made on a timely basis and would
result in significant unavoidable impacts. Nevertheless,although
intersections may operate below acceptable standards after the
Project is operational because improvements may not be in place,the
Project is located in an area designated for commercial development,
and will have satisfied its obligations by providing fair share
contributions to improvements.
CT-1.3 Consistent:The proposed Project has been analyzed for its direct and
All proposed development shall be cumulative transportation impacts(see Section 4.10,Transportation).
reviewed for its immediate and The proposed Project would contribute trips to intersections that
cumulative transportation impacts. cumulatively are anticipated to operate below acceptable standards.
Necessary intersection improvements have been identified,and the
Project applicant is required to provide fair-share payments to fund
the improvements.Although intersections may operate below
acceptable standards after the Project is operational because
improvements may not be in place,the Project will have satisfied its
obligations by providing fair share contributions to improvements.
CT-3 Consistent:While the proposed Project is located at an existing retail
Design new development and site,it includes sidewalks along Airport Park Boulevard and Commerce
redevelopment projects to be as Drive as well as a bicycle route along Airport Park Boulevard. Bicycle
accessible by foot, bicycle,and transit,as racks accommodating 45 bicycles would also be included.The Project
they are by auto. would assist in the relocation of an existing bus stop.See Section 4.10,
Transportation,for additional information.
CT-3.1 Consistent:While the proposed Project is located at an existing retail
New development and Redevelopment site,it includes sidewalks along Airport Park Boulevard and Commerce
projects shall specifically include plans Drive as well as a bicycle route along Airport Park Boulevard. Bicycle
for pedestrian facilities, bike lanes, bike racks accommodating 45 bicycles would also be included.See Section
racks,and transit stops. 4.10,Transportation,for additional information.
CT-6 Program Level Goal/Policy
Increase the use of bicycle Consistent:The proposed Project includes a bicycle route along
Walmart Expansion Project Site Development Permit
1155 Airport Park Boulevard,APN 180-070-38
File Nos.:09-28-SDP-PC/09-42-EIR-PC
16
Table 2 : General Plan Consisten Anal sis
Goal/Polic Consistenc Determination
transportation. Airport Park Boulevard. Bicycle racks accommodating 45 bicycles
would also be included.
CT-6.2 Program Level Goal/Policy
Promote the use of bicycles as a viable Consistent:The proposed Project includes a bicycle route along
and attractive alternative to cars. Airport Park Boulevard. Bicycle racks accommodating 45 bicycles
would also be included.
CT-6.3 Consistent:The proposed project would be required to provide bicycle
Provide bicycle lanes or paths along improvements consistent with AIP Ordinance 1098, including class III
major streets. routes on Airport Park Blvd.and a fair-share payment to extend Class II
bicycle lanes on Hastings Road.See Mitigation Measure 4.10-3c for
details.
CT-7 Consistent:The proposed Project includes sidewalks along Airport
Develop pedestrian access. Park Boulevard and Commerce Drive to complete the pedestrian
access network to the site. Mitigation Measure 4.10-3d also requires
extension of the sidewalk that connects accessible parking spaces
along the center drive aisle to the central building entrance through
the parking lot to Airport Park Boulevard.
CT-7.1 Consistent:The proposed Project includes sidewalks along Airport
Treat pedestrian access as an integral Park Boulevard and Commerce Drive to complete the pedestrian
part of all road improvements within the access network to the site..
City and within urbanized development
areas of the County.
CT-8 Program Level Goal/Policy
Encourage increased use of public Consistent:The project site is currently served by a transit stop. In
transportation. addition, mitigation is proposed requiring the Project applicant work
with the Mendocino Transit Authority and City of Ukiah to identify a
suitable location to install a bus shelter at the transit stop.
CT-8.1 Consistent:The project site is currently served by a transit stop. In
Make it easier to utilize bus service. addition, mitigation is proposed requiring the Project applicant work
with the Mendocino Transit Authority and City of Ukiah to identify a
suitable location to install a bus shelter at the transit stop.
CT-9 Program Level Goal/Policy
Maximize the use of public While this policy may not apply on a project by project basis,the
transportation through efficient land use project site includes an existing transit stop. It would therefore be
patterns and supporting incentive considered consistent.See Section 4.10.
programs
CT-9.1 Consistent: Mitigation is proposed requiring the Project applicant
Include design features in new work with the Mendocino Transit Authority and City of Ukiah to
commercial and residential areas that identify a suitable location to install a bus shelter at the bus stop on
make public transportation convenient. Commerce Drive, between Walmart and FoodMaxx.
CT-9.2 Program Level Goal/Policy
Support a strategy to provide funding This policy does not apply to expansion of an existing use. However,
and incentives to increase ridership the site does include an existing transit stop,the pedestrian network in
opportunities. and around the site will be improved,and landscaping will be
upgraded, resulting in a more transit friendly environment.
CT-11 Program Level Goal/Policy
Encourage increased use of car-or van- This policy does not necessarily apply on a project by project basis.
Walmart Expansion Project Site Development Permit
1155 Airport Park Boulevard,APN 180-070-38
File Nos.:09-28-SDP-PC/09-42-EIR-PC
17
Table 2 : General Plan Consisten Anal sis
Goal/Polic Consistenc Determination
pooling. However,existing store has a coordinator to facilitate carpooling.The
proposed Project does not alter current practice.
CT-13.1 Consistent:The driveways and access points serving the existing store
Utilize landscaping and other amenities would remain with the expansion. On-site circulation would remain
to improve the appearance and traffic largely unchanged from what currently exists.The site layout is
patterns of onsite parking facilities. consistent with standard parking lot and access design and includes no
apparent safety deficiencies. New landscaping in the parking lot will
replace existing olive trees with more suitable shade trees; new
shrubbery and planter islands will also provide shade and seating areas
for customers.
CT-16.1 Consistent:The study intersections were analyzed using
Level of service shall be the standard to methodologies published in the Highway Capacity Manual.The Ukiah
judge whether a road has adequate Valley General Plan and Growth Management Program establish the
remaining capacity to service the traffic criteria for acceptable operation.The City has determined that the
generated by a proposed project. level of service standard of LOS D would be applied to the overall
intersection operation of stop-controlled intersections rather than
individual movements or approaches of an intersection.
CT-16.4 Consistent:The proposed Project would contribute trips to
Balance the need for new development intersections that are anticipated to operate below acceptable
with methods of accommodating standards. Necessary intersection improvements have been identified,
increasing traffic. and the Project applicant is required to provide fair-share payments to
fund the improvements.Although intersections may operate below
acceptable standards after the Project is operational because
improvements may not be in place,the Project will have satisfied its
obligations by providing fair share contributions to improvements.
Housin
H-2.3 Consistent:The project would provide some additional jobs at an
Housing/Jobs Balance:consider the existing commercial site, but given the current unemployment rate in
housing need created by large the City,those jobs are expected to come from current residents. As a
commercial, industrial or office result,the project would not create a housing need and therefore
developments. would not negatively impact the housing/jobs balance.
Communi Desi n
CD-1.1 Consistent:The proposed Project includes curved roofs and walls,
Encourage appropriate scale, materials, earth tone colors,and a combination of natural and contemporary
setbacks,and landscaping to enhance materials to provide contrasting colors and textures in order to break
the Valley's beauty and historic fabric. up building mass.Other design features include an extensive
Landscape Plan,screening of rooftop mechanical equipment,and
downward directed lighting.
CD-4 Consistent:The proposed Project consists of the expansion of an
Seek uniform,attractive landscaping existing Walmart store located in an urbanized area of the City of
standards for non-single family Ukiah.The Project includes new landscaping compatible with adjacent
residential development throughout the properties,sidewalks and bicycle routes, screening of rooftop
Valley. mechanical equipment,and downward directed lighting.
CD 4.1 Consistent:The proposed Project consists of the expansion of an
Establish and enforce landscaping existing Walmart store located in an urbanized area of the City of
standards in all non-single family Ukiah.The Project includes new landscaping compatible with adjacent
residential, multi-family residential, properties,sidewalks and bicycle routes, screening of rooftop
commercial,and industrial development mechanical equipment,and downward directed lighting.
Walmart Expansion Project Site Development Permit
1155 Airport Park Boulevard,APN 180-070-38
File Nos.:09-28-SDP-PC/09-42-EIR-PC
18
Table 2 : General Plan Consisten Anal sis
Goal/Polic Consistenc Determination
and all redevelopment projects.
CD-4.2 Consistent:The proposed Project incorporates some native plants and
Encourage planting of native trees and trees that will survive in a commercial development environment as
plants. well as Mediterranean species that do not require excessive water use.
CD-4.3 Consistent:The proposed project would upgrade the existing tree
Require landscaping that will result in the canopy.-.See the discussion of this topic in Chapter 3, Project
creation of new street canopies. Description,and Section 4.1,Aesthetics.
CD-5 Consistent:The proposed Project includes curved roofs and walls,
Preserve and enhance the scenic setting earth tone colors,and a combination of natural and contemporary
of the Ukiah Valley. materials to provide contrasting colors and textures in order to break
up building mass.Other design features include an extensive
Landscape Plan,screening of rooftop mechanical equipment,and
downward directed lighting. In addition,the proposed Project
concentrates development on an existing retail site.
CD-5.1 This policy may not apply to an existing commercial business park, but
Maintain areas without urban scale to the extant that the project concentrates development on an
development that provide visual existing retail site, it is consistent with this policy.
separation between the Valley's
communities.
CD-5.3 Consistent:The proposed Project includes new landscaping adjacent
Encourage an attractive U.S. 101 to the Highway 101 corridor and screening of all rooftop-mounted
viewshed. equipment. In addition, parking lot lighting would be directed
downwards away from adjacent properties and the sky.The proposed
project would expand the building size, but by concentrating
development on an existing site and improving the site(fa�ade,
landscaping, lighting)the Project is consistent with this policy.
CD-6 Consistent:See discussion of Policy CD-5.1.
Ensure community separation and
identification.
CD-6.1 Consistent:See discussion of Policy CD-5.1 and GP-27.
Enhance, protect and preserve
viewscapes and visually important
community separators.
CD-7 Consistent:The Project site is visible from a major arterial street and
Improve the appearance of area Highway 101,which is designated as a first level gateway by the
gateways. General Plan.The proposed Project would improve the visual quality
of the site by upgrading the landscaping, lighting,and building fa�ade.
See Section 4.1,Aesthetics,for further discussion.
CD-8 Program Level Goal/Policy
Recognize that general area appearance Consistent:This policy may not be applicable to the expansion of an
-especially of orchards and vistas-is a existing retail site within a commercial business park. For additional
cultural and visual resource. discussion of aesthetic impacts,see Section 4.1,Aesthetics.
CD-8.1 Consistent:The proposed Project includes new landscaping and
Encourage the preservation of scenic screening of all rooftop-mounted equipment. In addition, parking lot
views,vistas,and streetscapes. lighting would be directed downwards away from adjacent properties
and the sky.The Project site is not located within a scenic highway and
would not obstruct views of hills to the east and west.See discussion
Walmart Expansion Project Site Development Permit
1155 Airport Park Boulevard,APN 180-070-38
File Nos.:09-28-SDP-PC/09-42-EIR-PC
19
Table 2 : General Plan Consisten Anal sis
Goal/Polic Consistenc Determination
of this topic in Section 4.1,Aesthetics.
CD-17 Consistent:The proposed Project would not relocate the existing
Require commercial and industrial parking lot. However,the Project would enhance the landscaping and
parking lots to be designed and sited so lighting of the existing parking lot.
as to increase the attractiveness of the
areas in which they are located.
CD-17.1 Consistent:The proposed Project would not relocate the existing
Require commercial and industrial parking lot. However,the Project would enhance the landscaping and
parking lots to be designed subservient lighting of the existing parking lot.
to the structure it serves.
1
2 Ukiah Municipal Airport Master Plan & Mendocino County Airport Comprehensive Land
3 Use Plan (CLUP). The Ukiah Municipal Airport Master Plan and Mendocino County Airport
4 Comprehensive Land Use Plan include compatibility criteria to ensure that development is
5 compatible with airport operations. The compatibility criteria are the same for both documents.
6 The Project is located in Airport Compatibility Zone C (Common Traffic Patterns). Table 3
7 includes the applicable compatibility criteria with staff analysis.
8
Table 3: Air ort Com atibili Criteria Anal sis
Normally Acceptable Uses: The existing Walmart store and proposed expansion are an
Intensive retail uses,intensive manufacturing or intensive retail use which is a Normally Acceptable Use in
food processing uses,two-story motels, multi- compatibility zone C.
family residential, residential subdivisions,
parks/playgrounds
Maximum Non-Residential Intensity: Based on a 13.44 acre site,2,016 people would be allowed
150 people per acre on the site at any time. This is less than the number of
people anticipated on the site. Based on the analysis
included in the EIR,918 people would be expected on the
site at any time which is well below the allowable maximum.
Open Space: Based on a building area of 156,651 square feet and a 13.44
15%Recommended.To be calculated over the acres site,27%of the site would be developed with
entire zone(for planning and zoning purposes). structures, leaving the remaining 73%open which is
consistent with this compatibility criterion.
9
10 Zoning. The subject property is zoned Planned Development (PD) and is part of the Airport
11 Industrial Park (AIP) PD. The zoning regulations for the AIP PD are included in AIP Ordinance
12 1098 (see attachment 4). This ordinance includes the allowed uses and development standards
13 for the parcel. Development standards that are not included in the AIP Ordinance 1098 are
14 determined by the City of Ukiah Zoning Code.
15
16 Airport Industrial Park Ordinance. The AIP PD includes several different zoning designations.
17 The subject parcel has a Retail Commercial zoning designation. In the Retail Commercial
18 zoning designation, retail commercial stores are an allowed use (no use permit required). The
19 existing use of the site is consistent with this zoning designation. The proposed Project would
20 expand the existing uses of the site by increasing the building square footage and creating an
Walmart Expansion Project Site Development Permit
1155 Airport Park Boulevard,APN 180-070-38
File Nos.:09-28-SDP-PC/09-42-EIR-PC
20
1 outdoor garden area. The new uses included in the additional square footage are primarily
2 comprised of grocery and general merchandise sales. The uses proposed for the expansion of
3 the store are consistent with the allowed retail commercial store use.
4
5 The current version of the AIP PD ordinance was adopted on August 1, 2007. The existing
6 development was approved and constructed prior to the adoption the current AIP ordinance.
7 New development on the site is required to comply with the requirements of AIP Ordinance
8 1098. The Project is not required to retrofit or modify the existing development in order to
9 comply with current AIP ordinance requirements. Since the Project involves the development of
10 an existing site, there are constraints inherent in the location of new development on the site.
11 The location of the existing building, parking and loading areas, and landscaping determine the
12 most appropriate location for the building expansion and additional parking.
13
14 Retail commercial stores require approval of a Site Development Permit (SDP) (AIP PD
15 Ordinance 1098, Page 5, Section D1). AIP PD Ordinance 1098 includes development
16 standards which were developed to ensure compatibility among uses and consisfency in the
17 appearance and character of development (AIP PD Ordinance, page 14, para. G). The
18 development standards include standards such as minimum lot size, maximum lot coverage,
19 building setbacks, building height, screening, sidewalks and bike lanes, parking, landscaping,
20 and building orientation and design. Table 4 below analyzes the Project's consistency with the
21 requirements of AIP PD Ordinance 1098.
22
Table 4: AIP Ordinance 1098 Consisten Anal sis
Retail Commercial Store Applicant has submitted a Site Development Permit application for Planning
Site Development Permit Approval Commission review and consideration as required.
Required
Minimum Lot Size The parcel is 13.44 areas which exceeds this minimum requirement.The Project
20,000 square feet is therefore consistent with this requirement.
Maximum Lot Coverage Based on a 13.44 acre site,a maximum building and structures coverage of
40% -Applies to buildings and 234,179 sf would be allowed. The existing building with the proposed
structures,does not apply to parking expansion would be 156,651 square feet which is less than the maximum
and landscaping. allowed.
Building Setbacks(minimum) The building is setback more than 25 feet from Airport Park Boulevard and
25 feet from street frontage(Airport Commerce Drive. The 60 foot setback has been applied to the US 101 ramp as
Park Blvd.and Commerce Drive);60 well as the highway itself. The minimum distance of the building to the
feet from the Highway 101 property Highway 101 property line is 62 feet(see attachment 9,sheet SP-1).
line;sideyard setbacks determined as
part of the Site Development Permit.
Building Height(maximum) The maximum building height is 34 feet 4 inches (see attachment 9,sheet 1,
50 feet elevations).
Screening(required for) The Project includes a loading dock,a recycling area at the rear of the building
Storage areas, loading docks and adjacent to the loading docks, and rooftop equipment.The Project description
ramps,and other appurtenance items states that rooftop equipment will be screened from off-site view the building's
of poor visual quality. parapet walls.
In order to ensure adequate screening of rooftop equipment,a condition of
approval would be included that requires the location of rooftop equipment to
be shown on building permit plans and site lines and building sections to
demonstrate adequate screening and screening subject to staff review and
approval.
Walmart Expansion Project Site Development Permit
1155 Airport Park Boulevard,APN 180-070-38
File Nos.:09-28-SDP-PC/09-42-EIR-PC
21
Table 4: AIP Ordinance 1098 Consisten Anal sis
Screening Materials(required) The materials used to screen the above areas are split face CMU and black
Masonry walls, landscaping,or ornamental metal fencing.
decorative fencing.
Bike Lanes The Project includes a Class III bike route on Airport Park Boulevard. In addition,
Class III bike lanes are required on all Transportation and Traffic mitigation measure 4.10-3c requires the installation
primary streets. of Class III bike routes on both sides of Airport Park Boulevard.
Access Driveways and Deceleration The Project does not propose to change the access to the site. The existing
Lanes access includes three driveways from Airport Park Boulevard and two from
Commerce Drive.The Project has been reviewed by the Public Works
Department and an EIR has been prepared for the Project. No modifications to
the access driveways or the need for decelerations lanes was identified as
necessary for the Project by the Public Works Department or the EIR
Desi n Re uirements
Building Orientation This requirement was not part of the AIP PD when the existing development
Building should include design went through the project review and approval process and sidewalks were not
elements oriented to pedestrian usage, included as a condition of approval or mitigation measure for the project for the
such as linked walkways and sidewalks. existing developmnet;therefore,the existing development does not provide
this design element nor was it required.
Sidewalk Requirements Since the approval of the existing development,the AIP PD ordinance has been
Lots with frontages along the primary amended to include this requirement. The Project includes 5-foot wide
street shall provide a 5-foot curvilinear curvilinear sidewalks along the Airport Park Boulevard and Commerce Drive
sidewalk located within the required frontages,a pedestrian walkway from the Airport Park Boulevard sidewalk
front setback. Every effort shall be through the parking lot to the front of the store,and a walkway from the
made to link development with Commerce Drive sidewalk to the south side of the store. In some areas the
attractive and accessible pedestrian sidewalk would be straighter in order to accommodate existing trees and new
facilities. tree planting. In addition,Transportation and Traffic mitigation measure 4.10-
3d requires the sidewalks on Airport Park Boulevard and Commerce Drive to be
a minimum of 6 feet wide and eight to ten feet wide where possible. This
mitigation measure would be included as a condition of approval for the
project.
The sidewalk on Airport Park Boulevard will connect to the existing sidewalks
located to the north of the site along the gas station and mini-mart frontage,to
the south of the site along the Applebee's and Michael's frontage,to the west
of the site on both sides of Commerce Drive from Airport Park Boulevard to
Hastings Road,and to the east of the site along Commerce Drive.
Building Location This requirement was part of the AIP PD Ordinance when the existing
The location of buildings shall be development went through the project review and approval process; as such
coordinated with other buildings and consistency with this requirement for the existing development was determined
open space on adjacent lots. as part of the original project. To a large degree,the location of the existing
building determines the location of the expansion area. The project approved
in 1992 included a future expansion of 30,000 located to the east of the
building. The proposed Project includes this expansion plus an expansion to the
south in the area of the existing garden center and tire lube express and to the
north to accommodate the indoor and outdoor garden centers.
The south side of Commerce Drive is developed with two uses. Applebee's is
located on the corner of Commerce Drive and Airport Park Boulevard and set
close to the corner. Furniture Design Center is developed on the rear parcel and
has a similar building location with the parking located in front of the store,
loading and other"back of house" uses located behind the store.
Walmart Expansion Project Site Development Permit
1155 Airport Park Boulevard,APN 180-070-38
File Nos.:09-28-SDP-PC/09-42-EIR-PC
22
Table 4: AIP Ordinance 1098 Consisten Anal sis
Building Location and Orientation All of the building and orientation measures are recommended rather than
Buildings should be sited to preserve required based on the use of the word "should" rather than "shall"with the
solar access opportunities,and should exception of the requirement not to site buildings in the middle of large parking
include passive and active solar design lots.
elements. Since the Project is for the expansion of an existing building,the location of the
Buildings should be oriented to building has already been determined. The Project does include daylighting of
minimize heating and cooling costs. the grocery sales area,store front windows on the front of the building,and
Buildings should be creatively sited to sustainability features.
provide open views of the site and The Project would expand primarily to the east as was evaluated in the EIR for
surrounding environment. the existing development and approved as part of the SDP for the original
Buildings shall not be site in the middle development. The expansion to the south would utilize the outdoor garden
of large parking lots. center area,Tire Lube Express and fill-in inset areas of the building in this
location. The expansion to the north is for the indoor and outdoor garden
centers.
The primary view in this area would be of the eastern and western hills. Due to
the height of the building, location of the expansion areas, and size of the
parcel,views of the site and surrounding area would experience a minor change
as a result of the Project.
The existing parking lot is sited in front of the building and would be expanded
in order to meet the minimum parking requirement. The new parking spaces
would also be located in front of the building;therefore the Project is consistent
with this requirement. The remaining measures are recommendations and are
difficult to apply to the proposed Project since the Project expands an existing
development and is not new construction.
Architectural Design The proposed site plan is primarily determined by the existing development on
Individual projects shall exhibit a the site. The site plan includes the expansion of the parking lot and locates
thoughtful and creative approach to most of the new parking adjacent to existing drive aisles in order to reduce the
site planning and architecture. size of the parking area needed to comply with the City's parking requirements.
Projects shall be designed to avoid the The Project includes storefront windows on the front of the building and three
accumulation of large structures with storefront entries.The existing store provides one entry and has no storefront
similar building elevations and facades. windows. In order to break up the length and mass of the building,the Project
Buildings shall be limited in height, uses varied parapet heights, paint colors,awnings,curved roofs at the center of
bulk,and mass and shall be designed the building and over the Market and Pharmacy and Home Living entries,and
to avoid a box-like appearance. incorporates cultured stone into the base of the awning, under the store front
windows,and as column features on the building. The bulk and mass on the
side and rear elevations are reduced by using varied parapet heights and paint
colors.Other Projects in the AIP PD use similar building materials.
Building Exteriors The primary building material is split face CMU.This is consistent with the
Colors and building materials shall be material of the existing building and most buildings within the AIP PD.Other
carefully selected,and must be materials include cultured stone, metal for the awnings,and decorative metal
compatible with surrounding fencing. All of these materials are used on other buildings located proximate to
developments,and shall be finalized the project site.The proposed colors are tan and brown earth tone colors.
during the Site Development Permit The colors and materials of the building and cultured stone are compatible with
process. other buildings within the AIP PD, including Branches restaurant,the new paint
colors for Applebee's,the hotels,the newly constructed Sears building,and the
small commercial center on the corner of Airport Park Boulevard and
Commerce Drive.
Walmart Expansion Project Site Development Permit
1155 Airport Park Boulevard,APN 180-070-38
File Nos.:09-28-SDP-PC/09-42-EIR-PC
23
Table 4: AIP Ordinance 1098 Consisten Anal sis
Lighting As required,the applicant has submitted a photometric plan that includes the
All lighting plans shall emphasize pole mounted parking lot lighting(see attachment 9, photometric plan). New
security and safety and shall minimize exterior building mounted lighting is also proposed as part of the project (see
energy usage. attachment 9,elevations); however,this lighting is not included on the
Lighting for development shall include photometric plan and a cutsheet has not been submitted as part of the
shielded, non-glare types of lights. application. The project would reuse the existing 39-foot poles.All of the
Lighting shall not be directed towards fixtures would be replaced and some would be reduced in number as noted on
Highway 101,the Ukiah Municipal the photometric plan. The fixture proposed for the parking lot has been
Airport,adjacent properties,or included as part of the application materials(see attachment 4). This fixture is
upwards towards the sky. fully downcast. Based on the location of the poles and the downcast fixture,
pole mounted parking lot lighting would not be directed towards Highway 101,
the Ukiah Municipal Airport,adjacent properties,or upwards towards the sky.
A draft condition of approval would be included that requires this fixture to be
submitted as part of the building permit plans,for the design to be compatible
with building architecture,and the location and lighting levels to be included as
part of the photometric plan required as part of the building permits and
subject to staff review and approval.
Aesthetics mitigation measure 4.1-2 included in the EIR also addresses exterior
lighting.
Design Amenities Design amenities are not required of the project but are encouraged.
Fountains, kiosks, unique landscape The project does not include a fountain or kiosk. The project elevations include
islands,outdoor sitting area,and other benches at the front of the store which could be considered outdoor sitting area
quality design amenities are (see attachment 9).The number of benches is not identified and the design of
encouraged. the bench is unclear. Staff requests that Planning Commission determine the
appropriate number and location of benches at the front of the store.
The project does not include an outdoor area for employees. It appears there
may be an opportunity for an outdoor employee area in the landscaped area to
the east of the outdoor garden center and/or in the triangular landscaped area
to the north of the parking area adjacent to the garden center. Staff
acknowledges homeless people often congregate in these areas and providing
outdoor sitting areas could create an attractive nuisance. Staff has discussed
the possibility of providing outdoor sitting areas for employees with the
applicant and the applicant is willing to provide such an amenity but is
concerned that it will be used by the homeless rather than employees or
customers.
Staff requests that the Planning Commission determine if outdoor areas for
employees should be provided as part of the project. Should the Planning
Commission decide to require this for the project,a condition of approval would
need to be included for the project.
Parkin Re uirements
Parking(minimum required)(1) A minimum of 577 parking spaces are required for the retail space(144,180 sf),
Generally provided according to UMC 30 parking spaces for the indoor garden center(7,435 sf),and 5 parking spaces
Retail Store: 1 space per 250 sf gross for the outdoor garden center for a total of 612 parking spaces.
leasable floor area The project includes 632 parking spaces of which 20 would be used for cart
Indoor Nursery: 1 space per 250 gross corrals providing 612 net vehicle parking spaces which is consistent with the
square feet minimum number of parking spaces required for the project.
Outdoor Nursery: 1 space per 1,000 sf The existing store has, in the past, used part of the parking lot for outdoor sales.
Since the proposed project provides exactly the minimum number of parking
spaces required (612), no outdoor sales would be allowed since this would
Walmart Expansion Project Site Development Permit
1155 Airport Park Boulevard,APN 180-070-38
File Nos.:09-28-SDP-PC/09-42-EIR-PC
24
Table 4: AIP Ordinance 1098 Consisten Anal sis
reduce the parking provided to less than the minimum. A condition of approval
would be included prohibiting outdoor sales in the parking lot and indicating
that UP-96-11 and UP-98-29 are superseded by the SDP approval.
Additional Parking Considerations
In order to determine the parking demand for the project,a parking study was
prepared by W-Trans. The parking study included holiday and non-holiday
parking counts. The holiday parking counts were taken on Saturday December
19 and Tuesday December 22,2009.The highest holiday parking demand was
477 spaces(1 space for every 228 sf of store). Based on the building size
proposed,687 parking spaces would be required to accommodate parking
demand during the holiday peak. The project would provide 75 fewer spaces
than necessary to meet the holiday peak parking demand.
The Ukiah City Code does not require projects to provide parking for holiday
peak demand. The additional need for parking could be provided through the
implementation of a transportation demand management(TDM) program
which could be required of the project to ensure adequate parking during the
holiday season.
The non-holiday parking counts were taken on Wednesday February 17 and
Saturday February 20,2009. The highest non-holiday parking demand was 315
spaces(1 space for every 347 sf of building area). Based on the building size
after the expansion,451 parking spaces would be required to meet non-holiday
parking demand.The project provides 612 parking spaces as required by the
UCC which is anticipated to provide adequate non-holiday parking for the
Project.
The parking study also indicates there is adequate parking within the AIP PD to
provide overflow parking to meet the holiday peak parking demand. However,
offsite parking spaces cannot be used to provide parking for this Project since
the parking spaces were required and/or approved as part of a separate
development.
The project provides the minimum number of parking spaces required by the
UCC. AIP PD Ordinance 1098 allows the Planning Commission to deviate from
the parking requirements included in the UCC(see footnote 1 below).
Staff requests the Planning Commission determine if the project should be
required to provide additional onsite parking to meet the holiday peak parking
demand,enter an agreement to use excess parking on a different site to
accommodate peak parking demand, implement a TDM program in order to
ensure there is onsite parking available to serve the project during the holiday
season,or to approve the parking as proposed.
Loading Spaces(1) The existing store has one loading dock with two doors. The project would
A sufficient number of off-street replace the existing loading dock and relocate it slightly north and east. The
loading spaces shall be provided to new loading dock would include four doors.The size and location of the loading
meet the needs of the approved use. dock and number of doors has been designed to meet the delivery needs of the
Adequate apron and dock space shall store(see attachment 1, project description). The site plan also includes four
also be provided for truck 12'x 25' parking spaces for smaller delivery vehicles.The Project includes
maneuvering on individual lots. adequate truck maneuvering(see attachment 9,site plan).
Bicycle Parking Twelve parking spaces are required for the 612 vehicle parking space plus 29
1 space for every 50 vehicle spaces based on the number of employees.The project site plan includes bike racks on
plus 1 space for each 10 employees the south and west sides of the building. However,the exact number of parking
Walmart Expansion Project Site Development Permit
1155 Airport Park Boulevard,APN 180-070-38
File Nos.:09-28-SDP-PC/09-42-EIR-PC
25
Table 4: AIP Ordinance 1098 Consisten Anal sis
spaces is unknown. Based on the number of employees and parking spaces, it
appears that 41 bicycle parking spaces would be required.
Transportation and Traffic Mitigation Measure 4.10-3bA requires the project to
comply with this requirement and this mitigation measure would be carried
forward as a condition of approval for the project. A condition of approval
would be included requiring the location, number and style of bike rack to be
included as part of the building permit plans and subject to staff review and
approval. The project description from the applicant indicates that bike parking
would be provided as required by the UCC(see attachment 1).
AIP Landsca in Re uirements 2
Retain existing trees whenever The site currently includes 221 trees(see attachment 9,sheets L1.0 and L2.0).
possible. Of these, 112 would be removed as part of the Project. All of the"Swan Hill"
Olive trees would be removed and replaced with a more suitable parking lot
tree with a larger canopy in order to provide increased shading of the parking
lot.The Crape Myrtles,Cherry Laurels,and Chinese Pistache located in front of
the building and at the eastern end of the parking aisles would be removed due
to the re-grading of the site necessary to provide an at-grade entry to the store.
Two Scarlet Oaks would be removed in order to expand the parking lot. All five
native Valley Oaks would be retained. For a complete list of the trees to be
retained and removed see attachment 9,sheets L2.0 and L3.0.
The applicant proposed the removal of the olive trees after discussions with
staff. Staff requested the applicant consider removing the olive trees and
replanting with a more appropriate and larger shade canopy tree since these
have not grown to the size or provided the shade anticipated.
Since the majority of the trees to be removed,are non-native, underperforming
in regards to shade coverage, primarily decorative(as opposed to shade
providing and/or native),and would be replaced with more suitable species, it is
the opinion of staff that the project is consistent with this requirement. In
order to eliminate and/or reduce potential construction impacts on the trees to
remain,a condition of approval would be included that requires tree protection
zones and other requirements for construction in the area of the trees that
would be retained.
Use a variety of trees species that The planting plan includes the following existing to remain and proposed tree
provide diversity in form,color and species-October Glory Red Maple,Crape Myrtle,Cherry Laurel,Chinese
texture. Pistache, Coast Live Oak,Scarlet Oak,Valley Oak, Red Oak,California Redwood,
Deodar Cedar, Raywood Ash, and Austrian Pine. The species include deciduous
and evergreen trees. The variety of trees to remain and to be planted provides
the diversity of form,color and texture required.
Maintain traffic visibility at corners. The plans have been reviewed by the Public Works Department and no
comments or conditions of approval were received related to visibility issues at
corners. Based on the species planted, location of the trees related to the
intersection and driveways, and the lack of comments from Public Works, no
visibility issues at the corners are anticipated as a result of the proposed
landscaping plan.
Coordinate street frontage landscaping The project frontage extends the length of one block on Commerce Drive and
to achieve a uniform appearance. the majority of the block on Airport Park Boulevard.The project includes trees
AIP Ordinance 1098,page 17,section along the project frontages that are compatible with trees on Commerce Drive
I(1Je and Airport Park Boulevard. The project would remove most of the lawn and
replace it with groundcover and shrubs which is consistent with newer projects
Walmart Expansion Project Site Development Permit
1155 Airport Park Boulevard,APN 180-070-38
File Nos.:09-28-SDP-PC/09-42-EIR-PC
26
Table 4: AIP Ordinance 1098 Consisten Anal sis
in the area and the preference to remove lawn and replace it with lower water
use shrubs and groundcover.
Provide landscaping proportional to The planting plan includes a total of 157 new trees(see attachment 9,sheet
building elevations. L4.0). The mature size of the trees would range from 20 feet to 60 feet in width
AIP Ordinance 1098,page 17,section and 30 feet to 80 feet in height. Since many of the existing trees would remain,
I(1)f the project would include many trees with a mature canopy. The existing
mature tree canopy and the size of the trees to be planted are proportional to
the building elevations.
Landscape plantings shall be those The existing trees to remain and the trees to be planted are low water usage
which grow well in Ukiah's climate trees with the exception of the October Glory Red Maple which is a medium
without extensive irrigation. water usage species. The oak trees,deodar cedar, redwood,Chinese pistache
AIP Ordinance 1098,page 17,section are known to grow well in Ukiah's climate. The crape myrtle is known to grow
I(1)g in Ukiah's climate but to remain small which is consistent with its use as a small
accent tree at the front of the store. The project also includes shrubs that are
native to Ukiah.
All landscape plantings shall be of The planting plan does not indicate the size of the plantings.
sufficient size, health,and intensity so Conditions of approval would be included that requires trees to be a minimum
that a viable and mature appearance size of#15 and shrubs a minimum size of S gallon and the size and spacing of
can be achieved in three years. the groundcover to be noted on the building permit plans and subject to staff
AIP Ordinance 1098,page 17,section review and approval.
I(1)h
Deciduous trees shall constitute the Trees are not planted adjacent to the south elevation of the building. Crape
majority of the trees proposed along myrtles are planted in front of the store; however,these trees would remain
the south and west building exposures; relatively small and are intended as decorative accents. Trees are planted in the
non-deciduous tree species shall be parking lot west of the building and in the landscape areas along the Airport
restricted to areas that do not inhibit Park Boulevard and Commerce Drive. This standard does not appear to require
solar access. trees along the south and west exposures, but rather requires the trees to be
AIP Ordinance 1098,page 17,section deciduous when planting of trees is along these exposures is proposed. The
I(1)i location of the trees to be planted would not inhibit solar access.
Parking lots with 12 or more parking The existing parking lot is not subject to this requirement and this requirement
stalls shall have a tree placed between did not exist in the AIP PD when the existing development went through the
every four parking stalls within a project review and approval process. There is no requirement in the UCC that
continuous linear planting strip rather requires the existing development to be retrofitted to comply with this
than in individual tree wells,unless requirement.
clearly infeasible. The expanded parking lot is subject to this requirement and does include one
AIP Ordinance 1098,page 17,section planter island every four parking spaces as required (see attachment 9,site plan
I(1)j and landscaping plan).
Parking lot trees shall be primarily The existing parking lot is not subject to this requirement and this requirement
deciduous species,and shall be did not exist in the AIP PD when the existing development went through the
designed to provide a tree canopy project review and approval process. There is no requirement in the UCC that
coverage of 50%over all paved areas requires the existing development to be retrofitted to comply with this
within 10 years of planting. requirement and it is acknowledged that the existing parking lot does not
Based upon the design of the parking comply with this shade canopy requirement. The shade coverage in the existing
lot,a reduced number of trees may be parking lot is 8.4%(see attachment 9,sheet L4.1).
approved through the discretionary Many comments have been received regarding consistency of the project with
review process. this requirement. Based on these comments,the applicant was asked to review
AIP Ordinance 1098,page 17,section the shade calculations submitted as part of this application and staff has
1(1)j reviewed with the applicant how the shade calculations were calculated.
Walmart Expansion Project Site Development Permit
1155 Airport Park Boulevard,APN 180-070-38
File Nos.:09-28-SDP-PC/09-42-EIR-PC
27
Table 4: AIP Ordinance 1098 Consisten Anal sis
To date,the shade calculations provided as part of entitlement projects have
not been questioned by the public or decision makers. The review of the
Walmart project has pointed out several deficiencies in the requirement to
provide 50%shade coverage within 10 years of planting. The deficiencies
include: no definition of the paved area subject to the 50%shade requirement;
no canopy size of various tree species at 10 years,and no explanation or
example of how the shade coverage should be calculated.
Staff research into 10 year tree canopy size yielded no results.Staff has learned
most communities with a requirement for shading use the 15 year or mature
tree size,define the paved area that is to be used in the calculations, provide
canopy sizes to be used in the calculations and an explanation of how the shade
coverage is to be calculated. Staff has also learned that the size of the tree
canopy will typically double in size from 10 to 15 years.
Based on this new information and the deficiencies in the current ordinance
noted above, it is highly unlikely a project would be able to comply with the 50%
shade requirement at 10 years unless most of the parking lot were planted with
trees(such as a one tree every 2 parking spaces which would greatly increase
the size of the parking lot overall, including the number of drive aisles and
parking rows necessary).
Due to these issues,staff requested the applicant use the City of Davis shade
ordinance to calculate the percentage of shade. The applicant has provided two
different shade calculations—one using the City of Davis standard for shade at
15 years and one using the USFS information for 10 year tree canopies. Staff
requested that the applicant use the City of Davis standard since this tree
ordinance is often cited by members of the community as a "good"ordinance.
Using the City of Davis ordinance,the project would shade 61.3%of the new
parking area and 43.6%of the total parking area in 15 years(see attachment 9,
sheet L4.2).
Using the USFS 10 year tree canopy size,the project would shade 15%of the
entire parking lot within 10 years(see attachment 9,sheet L4.3).
Since the new parking area would not provide the required 50%shade
coverage,the applicant is requesting Planning Commission approval of a
modification to this landscaping standard (see attachment 2).See Table 6
below.
Please Note: Based on the issues identified above,all future development
projects in the AIP PD will likely need to apply for a modification to the shade
coverage requirement unless the ordinance is amended to address the
deficiencies identified above.
Parking lots shall have a perimeter The existing parking lot has landscaping on the west and south perimeters.
planting strip with both trees and There is no landscaping on the north perimeter shared with the gas station,
shrubs. mini-mart,and fast food restaurant. Trees are planted on the east perimeter
AIP Ordinance 1098,page 17,section (front of the store). The project would retain,although reduce,the amount of
I(1)k landscaping along the west and south perimeters of the project. The project
would remove the existing trees located at the front of the building and would
replace them with new trees. The project does not propose to modify the north
side of the site and is not required to retrofit the existing development in order
to comply with this requirement.
Parking lots with 12 or more parking The project provides a pedestrian walkway from the new sidewalk on Airport
stalls shall have defined pedestrian Park Boulevard,through the parking area,to connect to the walkway at the
Walmart Expansion Project Site Development Permit
1155 Airport Park Boulevard,APN 180-070-38
File Nos.:09-28-SDP-PC/09-42-EIR-PC
28
Table 4: AIP Ordinance 1098 Consisten Anal sis
sidewalks or marked pedestrian front of the store. The project also includes a striped walkway from the
facilities within landscaped areas sidewalk on Commerce Drive across the drive aisle to connect with the walkway
and/or separated from automobile located at the southern end of the store which connects to the walkway that
travel lanes. Based upon the design of leads to the store entries. The existing development includes a walkway
the parking lot,and the use that it is proximate to the north property line shared with the gas station, mini-mart,and
serving, relief from this requirement fast food restaurant. The sidewalk connects to a striped walkway across the
may be approved through the drive aisle to connect with the walkway at the front of the store.The sidewalk
discretionary review process. would not be changed as a result of the project;the location of the striped
AIP Ordinance 1098,page 17,section walkway would be changed due to the location of the indoor and outdoor
I(1)1 garden centers.
With the addition of the central pathway from Airport Park Boulevard to the
front of the store,the project is consistent with this requirement since this
pathway provides access through the primary parking area. The two other
pathways provide additional pedestrian access through the parking areas;
however,these connections are not considered to be primary(most heavily
used) parking areas based on the location of the store entries and the historical
use of the parking lot.
Street trees may be placed on the The project site is developed with an existing commercial building, parking
property proposed for development facilities,and landscaping(including tees)along the Airport Park Boulevard and
instead of within the public right-of- Commerce Drive street frontage. The property line is located at the face of curb
way if the location is approved by the at the street. As such,street trees cannot be located in the right-of-way and
City engineer, based upon safety and must be located on the property. Trees are already planted along both street
maintenance factors. frontages and new trees would also be planted. It is not possible to determine
AIP Ordinance 1098,page 17,section which trees are street trees and which trees are landscaping trees. Based on
I(1)m frontage of 1532 feet on Airport Park Boulevard and Commerce Drive,51 street
trees would be required (1 tree for every 30 feet of parcel frontage). The
landscaping plan for the Project includes more than 51 trees planted along the
Airport Park Boulevard and Commerce Drive street frontages.
All new developments shall include a The project would not comply with this requirement. In order to provide the
landscaping coverage of 20%of the 20%landscape coverage, 117,090 square feet of landscaping is required. The
gross area of the parcel, unless project would provide 92,911 square feet(15.8%of the parcel). In order to
because of the small size of the parcel, comply with this requirement,the project would need to provide an additional
such coverage would be unreasonable. 24,179 square feet of landscaping.
AIP Ordinance 1098,page 17,section The applicant is requesting Planning Commission approval of a modification to
I(1)n this landscaping requirement(see attachment 2).See Table 6 below.
A minimum of 50%of the landscaped The landscaping plan includes groundcover,shrubs,and trees. No non-live
area shall be dedicated to live landscaping is proposed as part of the landscaping plan.
plantings.
AIP Ordinance 1098,page 17,section
I(1)n
Landscaping plans shall include an The existing development has an automatic irrigation system.An irrigation plan
automatic irrigation system. has been submitted as part of the application materials(see attachment 9).
AIP Ordinance 1098,page 17,section
I(1Jo
All required landscaping for Landscape maintenance is a standard condition of approval for all development
commercial development projects shall projects and would be included as part of the conditions of approval for this
be maintained in a viable condition. SDP.
AIP Ordinance 1098,page 17,section
►(1)p
Walmart Expansion Project Site Development Permit
1155 Airport Park Boulevard,APN 180-070-38
File Nos.:09-28-SDP-PC/09-42-EIR-PC
29
Table 4: AIP Ordinance 1098 Consisten Anal sis
Si n Re uirements
Signage The applicant has provided details of the proposed signs (see attachment 5). All
Generally comply with UMC sign of the existing signs would be removed and replaced with the signs proposed as
regulations for commercial uses. A part of this SDP application. The proposed signs would be considered the"sign
detailed sign program is required. program"for the site.As such,any change to the signage would require
application for and approval of a SDP amendment and this requirement would
be included as a condition of approval.
The project includes building mounted signs on the front and rear elevations as
allowed by the Sign Ordinance.
The maximum sign area on a single building frontage is 500 square feet. The
front elevation would have a maximum sign area of 467 square feet and the
rear elevation a maximum sign area of 215 square feet which is less than the
maximum allowed.
Freeway Facing Signs The original site development permit approved a freeway facing sign and a
Placement of signing shall be limited subsequent site development permit allowed revisions to the approved signage
to street frontages and business for the site including the freeway facing sign. As required,the applicant has
frontages except sign orientation to provided the signage proposed as part of the project(including the freeway
parking areas,freeways, pedestrian facing sign)as part of the site development permit application. Other buildings
malls, internal courts or sign programs in the AIP have freeway facing signs and this site has a history of a freeway
may be allowed subject to a site facing sign. The proposed location and design of the freeway facing sign is
development permit. similar to the existing freeway facing sign.
Sign Illumination Signs would be internally lit by LED(see attachment 1).
Signs in commercial and industrial
zones, if illuminated,shall be indirectly
illuminated, i.e.,shall not have directly
exposed bulbs, lamps,tubes or other
illumination devices.
Sign Area The Commerce Drive frontage is 679 linear feet,which would allow 1018 square
The site is allowed 1.5 square feet of feet of sign area. The Airport Park Boulevard frontage is 823 linear feet which
sign area for each lineal foot of parcel would allow 1279 square feet of sign area. Since the site is a corner lot,the
frontage. project is allowed a total of 2297 square feet of sign area (1279+1018).The
Since the site is located on a corner, total sign area for the project is 682 square feet(see attachment 5)which is less
there is frontage on Commerce Drive than the maximum sign area allowed for the site.
and Airport Park Boulevard. Based on the above,the project is consistent with this requirement.
1. The Planning Commission may deviate from the parking requirements contained in the Ukiah Municipal Code on a case-by-case
basis. Any deviation must be supported by findings related to a unique use,such as a Mixed-use development,or use not
specifically described in the Ukiah Municipal Code,and findings that otherwise demonstrate no on-street parking congestion will
result.AIP Ordinance 1098,Page 16,Section G(14J(d)
2. The Planning Director,Zoning Administrator,Planning Commission,or City Council shall have the authority to modify the
requirement elements of a Landscaping Plan depending upon the size,scale,intensity,and location of the development project.
AIP Ordinance 1098,Page 17,Section 1(1J(qJ
1
2
3 Design Guidelines. The project is located outside of the boundaries of the City of Ukiah
4 Downtown Design District. As such, the project is subject to the design guidelines for projects
5 that are not located within the boundaries of the Downtown Design District. Table 5 below
6 provides an analysis of the project's consistency with the design guidelines.
7
Walmart Expansion Project Site Development Permit
1155 Airport Park Boulevard,APN 180-070-38
File Nos.:09-28-SDP-PC/09-42-EIR-PC
30
Table 5: Design Guidelines for Projects Outside the Downtown Design District Consistency
Anal sis
Site Features The site is developed with an existing commercial building, parking and
Site design is compatible with the loading facilities,and landscaping. No natural features remain on the
natural environment,and incorporates site since the entire site was disturbed in order to construct the existing
the major existing features. project. The project does include many mature trees planted as part of
the existing project and most of these trees would remain, including the
valley oaks. The project limits the need to expand the parking lot by
using existing drive aisles to provide access to new parking stalls.
Coordination The project is for the expansion of an existing building and parking lot.
Facilities are shared and coordinated The northernmost driveway on Airport Park Boulevard also provides
with adjacent properties. access to the uses on the adjacent parcels to the north (gas station,
Setbacks are compatible with mini-mart,and fast food restaurant. This access would remain as part of
character of adjacent frontages. the project.
Setbacks are minimized to enhance the The setbacks have already been determined as part of the existing
pedestrian environment. development. The setbacks to the parking area are consistent with
other properties on Airport Park Boulevard (such as Michael's,Staples,
Food Maxx, Branch's Restaurant, and Friedman's Home Improvement).
The setbacks to the parking area on Airport Park Boulevard and
Commerce Drive would be reduced due to the expansion of the parking
lot. The project includes the installation of sidewalks on Airport Park
Boulevard and Commerce Drive which will further minimize the setback
from the street and provide better coordination within this site and with
adjacent sites,thereby enhancing the pedestrian facilities.
Pedestrian Access The project would expand the existing building and parking lot. The
Site has pedestrian orientation, project includes two additional entries at the front of the store,the
consistent with uses,design and installation of storefront windows,and awnings,accent trees,and
architecture. benches at the front of the store. All of these features improve the
Pedestrian elements are attractive and pedestrian orientation of the existing building.The awnings are
functional. integrated into the design of the building and benches are located under
Parking areas with 12 or more stall: the central awning. The design of the benches has not been provided as
define sidewalk or marked pedestrian part of the application.A condition of approval would be included
facilities in landscaped areas or requiring the specs/manufacturer's information for the proposed bench
separated from traffic lanes required. to be included as part of the building permit plans and subject to staff
review and approval.
For parking areas with 12 or more stalls,see AIP Ordinance above.
Parking Lots The project is the expansion of an existing building and parking lot,as
Decrease visual prominence and such the location of the parking lot has been determined. The parking
reduce heat island effect. lot would be expanded by 96 parking spaces in order to provide the
minimum number of parking spaces required by the UCC.The project
attempts to limit the expansion of the parking lot be using existing drive
aisles and expanding the parking field to include one new row of parking
along the Airport Park Boulevard frontage and two rows of parking along
the western portion of the Commerce Drive frontage. The parking lot
would be screened by additional tree planting,as well as the planting of
shrubs(see attachment 9,sheet L4.0).
The existing olive trees in the parking lot would be removed and
replaced with new trees that are more suitable as parking lot trees and
would provide a larger tree canopy;thereby greatly increasing the
shading in and decreasing the prominence of the existing and expanded
Walmart Expansion Project Site Development Permit
1155 Airport Park Boulevard,APN 180-070-38
File Nos.:09-28-SDP-PC/09-42-EIR-PC
31
Table 5: Design Guidelines for Projects Outside the Downtown Design District Consistency
Anal sis
parking lot. This increase in shading would reduce the heat island effect.
Landscaping See Table 4,AIP landscaping analysis above.
Scale and nature of landscape
materials is appropriate to the site and
structure.
Twenty percent of the gross lot area
landscaped,50%live plantings.
Parking with 12 or more stalls: 1 tree
per 4 stalls within continuous linear
strips. Perimeter planting strips to use
trees and shrubs.
Focus on deciduous trees achieving
50%shading within 10 years.
Parking lots generally: Perimeter
planting strips,street trees selected
from Ukiah Master Tree List required.
Signs The signs are individual white letters against a darker building
Signs are compatible with architectural background with the exception of the Walmart sign which also includes
character of buildings. the yellow spark. The location of the Walmart signs on the front and
rear of the building is consistent with the location of the existing
Walmart signs. New signs would be installed over each entry(Outdoor
Living, Home&Living, Market&Pharmacy). The size of the signs is in
scale with the building and in the case of the entry signs in scale with the
entry on which each sign is located.
Lighting The existing poles for the pole mounted parking lot lighting will remain;
Lighting harmonizes with site, building however, light fixtures will be replaced and in some places the fixture
design,architecture,and landscaping. will be replaced with a single-head (see attachments 4 and 9, lighting
plan and light fixture). The light fixture proposed is consistent with
others installed in the AIP.
The project also includes new building mounted lighting. These fixtures
have not been submitted as part of the application and a condition of
approval would be included that the manufacturer's specs/cutsheets be
submitted part of the building permit plans and subject to staff review
and approval. The mitigation measures for Aesthetics also require a
lighting plan to be submitted for the project. These requirements would
ensure the lighting is consistent with this guideline.
Visual Appearance See Table 4,Building Features and Design Amenities above.
Buildings are visually cohesive, The project does not include perimeter fencing. There is decorative
compatible and complementary. metal fencing located around the outdoor garden center, and metal gate
Buildings exhibit variety and located in the compressor area.
distinctiveness. The project includes increased landscape planting, breaks up the mass of
Variety of architectural features the building by using,varied parapet heights, paint colors,awnings,
encouraged tied to comprehensive columns,and decorative stone.
design theme.
Building exterior compatible with
surrounding properties.
Visible fences compatible with project
and visually attractive.
Walmart Expansion Project Site Development Permit
1155 Airport Park Boulevard,APN 180-070-38
File Nos.:09-28-SDP-PC/09-42-EIR-PC
32
Table 5: Design Guidelines for Projects Outside the Downtown Design District Consistency
Anal sis
Site and building are visually attractive
from neighboring properties,traffic
and corridors,and public spaces.
Walkable and Bikeable Communities The project includes the installation of a Class III bike route along the
The project provides connections for Airport Park Boulevard project frontage. There is a Class II on-street
walkers and bicyclists to the path from just west of the South State Street/Hastings Road intersection
surrounding community. to the intersection of Commerce Drive/Hasting Road.Since the project is
Sidewalks provide convenient and safe located in developed area where streets have already been constructed
access. and available street width and right-of-way are limited,there are no
Entrances provide convenient access. opportunities for nor do on-street bike paths exist in many locations.
For Walkable Communities,see Table 4,sidewalk requirements above.
The pedestrian walkway leads from the proposed sidewalk on Airport
Park Boulevard to the walkway at the front of the store. There is also a
sidewalk on Commerce Drive that provides a striped walkway across the
drive aisle to walkway located at the south side of the store which
connects to the walkway at the front of the store. There is an existing
sidewalk located proximate to the north property line which will connect
to a relocated striped walkway across the drive aisle located at the north
side of the building. This striped walkway will connect with this walkway
located at the front of the store. There are three separate entries
dispersed along the front of the store.
Based on the above,the project is consistent with these requirements.
Energy conservation The project is for the expansion of an existing building and parking lot.
Active and passive solar and other The project does not include solar panels nor trees along the south or
renewable energy design and devices west elevations. The project would include a substantial increase in
are used. parking lot shade by replacing the existing olive trees in the parking lot
Devices are unobtrusive and and replacing them with a more suitable and larger canopy parking lot
complement design. trees. The project includes the installation of a white roof and
daylighting of the grocery sales area.
Green Building The project would expand an existing store. The project includes
Sustainable site,water efficiency, sustainability features,some of which would be used throughout the
energy, materials and resources, store(existing store and expansion)and some of which would only be
indoor environmental quality. used in the expansion area,as described in the project description
provided by the applicant and included in the EIR(see attachment
1).These include water conserving fixtures, use of recycled materials in
the expansion area, use of low VOC paint, day lighting in the grocery
area,energy efficient HVAC units,white roof for the entire store, and a
retrofit of existing store lighting and lighting in the expansion to
fluorescent T-8 lamps.
Visitability and Universal Design The project would remove the curb located at the walkway at the front
The site and its elements are accessible of the store and modify the grade to make an at-grade entrance to the
to people at differing stages,ages and store;thereby eliminating a barrier for some people. The project
circumstances of life;accessible includes three entries making access to the store more convenient. The
primary and interior entrance and project includes ADA parking and access pathways as required,and ADA
routes. curb ramps at the corner of Airport Park Boulevard and Commerce
Drive.
Mitigation measure 4.10-3d requires the installation of high-visibility
cross walk markings across driveway entrances to the project and ADA-
Walmart Expansion Project Site Development Permit
1155 Airport Park Boulevard,APN 180-070-38
File Nos.:09-28-SDP-PC/09-42-EIR-PC
33
Table 5: Design Guidelines for Projects Outside the Downtown Design District Consistency
Anal sis
compliance curb ramps at driveway crossings and transition points along
the projectfrontage.
Maintenance A condition of approval would be included requiring adequate and
Demonstrate consideration of site and regular maintenance of the project. The project would also be subject
building maintenance. to the City's Commercial Property Maintenance Ordinance.
1
2 Site Development Permit. As noted above allowed uses in the AIP PD require approval of a
3 Site Development Permit. Zoning Code section 9263(E) requires the Planning Commission to
4 make specific findings when acting to approve site development permit applicafions. The
5 findings shall not be vague and conclusionary. The findings shall be sufficiently detailed to
6 apprise a reviewing court of the basis of the action by bridging the gap between the evidence
7 and the decision-maker's conclusions and shall be based upon evidence in the administrative
8 record. Failure to make findings that support the following determinations shall result in the
9 denial of the site development permit application.
10
11 As part of the Site Development Permit, the applicant is requesting Planning Commission
12 approval of modifications from the following two landscaping requirements included in AIP
13 Ordinance 1098 (see attachment 2):
14
15 ■ Parking lots shall be designed to provide a tree canopy coverage of 50% over all paved
16 areas within ten years of planting (AIP Ordinance 1098, page 17, section I(1)(j)); and
17 ■ All new developments shall include a landscaping coverage of 20% of the gross area of
18 the parcel, unless because of the small size of the parcel, such coverage would be
19 unreasonable (AIP Ordinance 1098, page 17, section I(1)(n)).
20
21 AIP Ordinance 1098 grants the decision making body the authority to modify the required
22 elements of a Landscaping Plan depending upon the size, sca/e, intensity, and location of the
23 development project (AIP Ordinance 1098, page 17, section I(1)(q). AIP Ordinance 1098 does
24 not require any specific findings to be made to support the modification.
25
26 AIP Ordinance 1098 states that the landscaping requirements are to be used to ensure high
27 quality design, and the coordination and consistency of development.
28
29 The staff analysis of the requested modifications is provided in Table 6 below.
30
Table 6: Landsca in Modification Anal sis
Shade Coverage Requirement This requirement only applies to the expanded parking area.The project
Parking lots shall be designed to provide a includes the expansion of the existing retail commercial building and the
tree canopy coverage of 50%over all paved expansion of the parking lot in order to provide the minimum number of
areas within ten years of planting parking spaces required by the UCC.The project includes the replacement
AIP Ordinance 1098,page 17,section 1(1J(jJ of the Olive trees in the parking lot with red oak and October glory red
maple which will provide a larger shade canopy.
While this requirement identifies a shade percentage to be achieved at 10
years, it has several deficiencies in that it does not indicate how the shade
coverage should be calculated, provide the canopy size of various tree
Walmart Expansion Project Site Development Permit
1155 Airport Park Boulevard,APN 180-070-38
File Nos.:09-28-SDP-PC/09-42-EIR-PC
34
Table 6: Landsca in Modification Anal sis
species at 10 years,or define the parking area that is subject to this
requirement.
As noted above,the deficiencies in this requirement have come to light as
a result of public comment on the Walmart DEIR. In order to provide an
analysis of the shade provided,staff directed the applicant to use the
information provided in the City of Davis shade ordinance to calculate the
shade coverage.
Using the City of Davis ordinance,the project would shade 61.3%of the
new parking area and 43.6%of the total parking area in 15 years(see
attachment 9,sheet L4.2).
Using the USFS 10 year tree canopy size,the project would shade 15%of
the entire parking lot within 10 years(see attachment 9,sheet L4.3).
Regardless of the standard used,the project would improve the parking
lot shade coverage by removing the olive trees and replacing them with
larger canopy trees and providing the required landscaped islands with
trees in the expanded parking area.
Based on staff research,communities that have a shade ordinance most
commonly use a 15 year tree canopy when calculating shade coverage.
Staff was unable to find another community that used a 10 year canopy
for the purpose of calculating shade coverage.
In staffs opinion,the project would 1) provide sufficient shade coverage in
15 years; 2)significantly improve the overall shade coverage of the parking
lot; and 3) be consistent with the use of the landscaping standards to
ensure high quality design, and the coordination and consistency of
development since the project would improve the design of the parking lot
landscaping and would be consistent with other projects in the area that
have comparable parking lot landscaping.
Staff requests the Planning Commission decide whether or not to approve
or deny the request for the modification and to provide information that
supports the decision.
Percentage of Landscape Coverage The project is for the expansion of an existing retail commercial building.
All new developments shall include a The expansion of the building will also require additional onsite parking to
landscaping coverage of 20%of the gross be provided. As noted above,the project complies with the lot coverage
area of the parcel, unless because of the requirement for buildings and structures and provides the minimum
small size of the parcel,such coverage would amount of parking allowed by the Code.
be unreasonable. In order to provide the 20%landscape coverage, 117,090 square feet of
AIP Ordinance 1098,page 17,section 1(1J(n) landscaping is required. The project would provide 92,911 square feet
(15.8%of the parcel).
In order to provide the 20%landscape coverage,the project would need
to provide an additional 24,179 square feet of landscaping. This would
require a reduction in the square footage of the store and a corresponding
reduction in parking area.
An alternative to approving the modification to the 20%landscape
coverage requirement would be to require the project be revised to
comply with the requirement by reducing the size of the building and
parking area.
If the purpose of the 20%landscape coverage is aesthetics, in staffs
opinion,the project would improve the quality and aesthetics of the
landscaping by removing lawn, planting a mix of native and appropriate
Walmart Expansion Project Site Development Permit
1155 Airport Park Boulevard,APN 180-070-38
File Nos.:09-28-SDP-PC/09-42-EIR-PC
35
Table 6: Landsca in Modification Anal sis
non-native species, increasing the number of trees on the site,and
providing additional shade coverage in the parking lot.
If the purpose of the requirement is to ensure a certain amount of
pervious surface,the project could be required to provide the 24,179
square feet of landscaping needed to comply with the 20%coverage in the
form of pervious materials.
Staff requests that the Planning Commission decide whether or not to
approve or deny the request for the modification and to provide
information that supports the decision.
1
2 The required findings are included below in Table 7 along with staffs' analysis.
3
Table 7: Site Development Permit Analysis
The proposal is consistent with the goals, To be determined by Planning Commission.
objectives,and policies of the General See Table 2 above.
Plan.
The proposed project is consistent with To be determined by Planning Commission. If the Planning Commission is
AIP Ordinance 1098 and the UCC. unable to approve the requested modifications from the AIP Ordinance 1098
landscaping requirements,the project would be inconsistent with this finding.
The location,size,and intensity of the The project would expand an existing retail commercial building and the
proposed project will not create a parking lot. The project includes three entries at the front of the store and
hazardous or inconvenient vehicular or sidewalks on the Airport Park Boulevard and Commerce Drive street
pedestrian traffic pattern. frontages,a central pedestrian walkway through the parking field from the
sidewalk on Airport Park Boulevard to the front of the store,a marked
walkway from the sidewalk on Commerce Drive to the sidewalk located on
the south side of the store;and a sidewalk along the north property line that
connects to the front of the store via a marked pathway. The pedestrian
traffic pattern in the immediate area is improved by the project with the
construction of new sidewalks. The project provides three walkways to the
front of the store or the walkway at the north or south side of the store which
leads to the stores entries. Based on the size of the store,the location of the
store on the site,and the intensity of the project,the sidewalks and
pedestrian walkways provide an improved pedestrian pattern that would not
be hazardous.
The project would not change the existing access to the site—three entry
driveways on Airport Park Boulevard and two driveways on Commerce Drive.
The EIR for the project did not identify any impacts related to site access. The
parking facility would be expanded to the south and west. One drive aisle
would be added to the south in order to provide access to new parking
spaces. The parking lot traffic pattern is consistent with the existing
circulation pattern on the site and therefore would not be expected to create
a hazardous or inconvenient traffic pattern
The accessibility of off-street parking The project would expand the existing parking facility.There are currently
areas and the relation of parking areas three access driveways located on Airport Park Boulevard and two access
with respect to traffic on adjacent streets driveways on Commerce Drive. These would not be changed as a result of
will not create a hazardous or the project. The new parking would be located to the west proximate to
inconvenient condition to adjacent or Airport Park Boulevard and to the south proximate to Commerce Drive. The
surrounding uses. new parking to the west would be accessed using the existing drive aisle.The
Walmart Expansion Project Site Development Permit
1155 Airport Park Boulevard,APN 180-070-38
File Nos.:09-28-SDP-PC/09-42-EIR-PC
36
Table 7: Site Develo ment Permit Anal sis
new parking to the south would be accessed via a new drive aisle. The new
parking areas and drive aisle would not change the existing circulation pattern
on the site. The minor changes to the off-street parking would not create a
hazardous or inconvenient condition to adjacent or surrounding uses.
Sufficient landscaped areas have been The project provides landscaping along the property lines on Highway 101,
reserved for purposes of separating or Airport Park Boulevard,and Commerce Drive. No landscaping is provided
screening the proposed structure(s)from along the northern property line shared with the gas station, mini-mart,and
the street and adjoining building sites, fast food restaurant. The lack of landscaping in this area was approved as
and breaking up and screening large part of the existing development and would not change as a result of this
expanses of paved areas. project.
The project would remove landscaping areas comprised primarily of lawn
along Airport Park Boulevard and Commerce Drive in order to provide the
parking required in order to expand the project. The building expansion to
the east would remove landscaping comprised primarily of lawn. The
expansion areas to the north and south would not remove any landscaping.
The proposed planting plan includes the removal of most of the lawn. The
planting plan includes the planting of groundcover,shrubs,and trees. The
number and type of trees planted provided sufficient landscape areas to
separate and screen the building from adjoining sites and the new parking lot
trees would provide larger tree canopies breaking up the large expanse of
paved area.
The proposed development will not The building is separated from the nearest building to the south by
restrict or cut out light and air on the Commerce Drive and the landscaping and parking areas on the south side of
property,or on the property in the the building.The expansion to the north is proximate to the US 101 ramp.The
neighborhood,or impair the value expansion to the east is located proximate to US 101. The setback to the
thereof. properties to the west would not be changed since the building would not be
expanded to the west. The building is separated from the nearest buildings to
the west by the parking facility and Airport Park Boulevard.
The project would upgrade and improve the appearance of the building,
parking lot and landscaping and would increase the shade coverage in the
parking lot. These improvements would improve the value of the property
itself and would not be expected to impair the value of property in the
neighborhood.
The improvement of any commercial or The zoning of the subject property is Planned Development.The site is
industrial structure will not have a located in the Airport Industrial Park PD. The adjacent sites to the north,
substantial detrimental impact on the south,and west are also zoned PD and located in the AIP PD. Highway 101 is
character or value of an adjacent located to the east of the site and the parcels located east of Highway 101 are
residential zoning district. zoned Community Commercial and Heavy Commercial.
Since there are no residential zoning districts,adjacent to the subject parcel,
this finding does not apply to the project.
The proposed development will not The site is developed with a retail building, parking area, loading area,and
excessively damage or destroy natural landscaping required as part of the original site development permit. There
features,including trees,shrubs,creeks, are no creeks or other water course(s)located on the site. The natural grade
and the natural grade of the site. of the site was modified in order to accommodate the existing development.
Existing trees will be removed as identified on sheets L2.0, L3.0,and L4.0 of
the landscaping plan. None of the trees to be removed are valley oaks;the
only tree recommended for preservation in the City's General Plan.
The olive trees in the parking lot will be removed since they have not grown
to the size anticipated and required for providing shade in the parking lot.
Walmart Expansion Project Site Development Permit
1155 Airport Park Boulevard,APN 180-070-38
File Nos.:09-28-SDP-PC/09-42-EIR-PC
37
Table 7: Site Develo ment Permit Anal sis
The project will plant trees to replace the olive trees as shown on Sheet L4.0.
There is sufficient variety,creativity,and The project includes parapets with varied heights,varied earth tone colors,
articulation to the architecture and store front windows,three entries with canopies,and awnings to break up
design of the structures(s)and grounds the length and mass of the front of the building. The same color is used to
to avoid monotony and/or a box-like identify each entry. The project includes both straight horizontal and curved
appearance. parapet/roof lines.Varied earth tone colors and parapet heights are used to
break up the mass and length of the building on the sides and rear of the
building. The decorative fencing for the outdoor garden center and roll up
fabric doors for the indoor garden center break up the north elevation of the
building.
1
2
3 ENVIRONMENTAL REVIEW
4
5 Pursuant to CEQA Guidelines Section 15082, a Notice of Preparation (NOP) advising that an
6 environmental impact report (EIR) was to be prepared for this project was sent to the State
7 Clearinghouse for distribution to responsible and/or trustee agencies on March 11, 2010 and
8 posted with the Mendocino County Clerk. The NOP was sent to property owners within 300 feet
9 of the parcel, property owners within the AIP, and persons on the interested parties list. The
10 notice was also published in the Ukiah Daily Journal and posted on the project site. A scoping
11 meeting was held on March 18, 2010 for the purpose of identifying and receiving input on the
12 potentially significant environmental effects to be discussed in the EIR.
13
14 As required, the DEIR was routed through the State Clearinghouse to all responsible and
15 trustee agencies and posted with the Mendocino County Clerk. Notice of the availability of the
16 DEIR was also sent to property owners within 300 feet of the project site, property owners within
17 the AIP PD, tenants on contiguous parcels, and persons on the interested parties list.
18
19 The 45 day review period on the DEIR began on July 5�2011 and ended on August 18�2011 at
20 5:00 p.m. At the regularly scheduled Planning Commission meeting of August 10, 2011, the
21 Planning Commission held a public hearing to receive public and provide Planning Commission
22 comment on the adequacy of the analysis presented in the DEIR. The comments received on
23 the DEIR are available on the homepage City's website at cityofukiah.com.
24
25 The Final EIR includes the DEIR, comments made on the DEIR, responses to comments on the
26 DEIR, and changes to the EIR. A joint public notice for the Walmart Expansion Project FEIR
27 and SDP was provided as noted below (see Public Notice and Comment). A public hearing on
28 the EIR is scheduled for the November 9, 2011 Planning Commission meeting. The EIR is
29 required to be certified before a decision can be made on the project.
30
31 PUBLIC NOTICE AND COMMENT
32
33 The notice provided for this hearing was a combined notice for the public hearing for the FEIR
34 and the public hearing for the site development permit. Notice of this public hearing was
35 provided in the following manner:
36
37 ■ published in the Ukiah Daily Journal on October 30, 2011 and November 6, 2011;
Walmart Expansion Project Site Development Permit
1155 Airport Park Boulevard,APN 180-070-38
File Nos.:09-28-SDP-PC/09-42-EIR-PC
38
1 ■ posted on the subject parcel on October 27, 2011;
2 ■ mailed to all property owners within 300 feet of the subject parcel on October 26, 2011;
3 ■ mailed to all property owners within Airport Industrial Park Planned Development on
4 October 26, 2011;
5 ■ mailed to all tenants on parcels contiguous to the subject parcel on October 26, 2011;
6 ■ emailed to all persons on the Walmart Expansion interested parties list on October 26,
7 2011; and
8 ■ mailed to all persons on the Walmart Expansion interested parties list on October 26,
9 2011;
10 ■ posted on the City of Ukiah website on October 27, 2011.
11
12 The written comments received to date regarding this site development permit are included as
13 attachment 8.
14
15 CONCLUSION
16
17 The purpose of this public hearing is to:
18
19 1. Take public and Planning Commission comment on the Walmart Expansion Project site
20 development permit and associated modifications to the requirements of AIP Ordinance
21 1098;
22
23 2. Provide direction on the approval, conditional approval, or denial of the site
24 development permit and associated modifications to the requirements of AIP Ordinance
25 1098 in order to allow staff to prepare the required findings and return to the
26 Commission; and
27
28 3. Continue the matter to the December 14, 2011 Planning Commission meeting and direct
29 staff to return with a resolution supporting the direction provided by the Commission.
30
31 ATTACHMENTS
32
33 1. Project Description from Applicant date stamped October 31, 2011
34 2. Request for Modification to Landscape Standards from Applicant date stamped October
35 17, 2011
36 3. Additional Information Provided by Applicant date stamped October 25, 2011
37 4. Parking Lot Light Cutsheet date stamped October 31, 2011
38 5. Signage Information date stamped October 31, 2011 (also see project plan elevations)
39 6. Airport Industrial Park Ordinance 1098 (provided to Planning Commission separately on
40 10/31/2011)
41 7. Fiscal Impact Report (provided to Planning Commission separately on 10/31/2011 and
42 available on the City of Ukiah website homepage at cityofukiah.com)
43 8. Public Comment
44 9. Project Plans (reduced and full size) date stamped November 2, 2011
45 The attachments are available on request. P/ease contact Kim Jordan at 707.463.6207 or
46 kjordan(a�cityofukiah.com.
47
48 S:Planning/Planning Commission/Staff Reports/Walmart SDP
Walmart Expansion Project Site Development Permit
1155 Airport Park Boulevard,APN 180-070-38
File Nos.:09-28-SDP-PC/09-42-EIR-PC
39