HomeMy WebLinkAbout93-17 airport ceqa findingsRESOLUTION NO. 93-17
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
UKIAH MAKING FINDINGS PURSUANT TO PUBLIC
RESOURCES CODE SECTION 21081 AND CALIFORNIA
ENVIRONMENTAL QUALITY ACT ("CEQA") GUIDELINES
SECTION 15091 IN CONNECTION WITH THE APPROVAL
OF ORDINANCE NO. 92-9 AMENDING AIRPORT
INDUSTRIAL PARK PLANNED DEVELOPMENT; AND SITE
DEVELOPMENT PERMIT APPLICATION NO. 90-87
SUBMITTED BY WALMART STORES, INC.
WHEREAS:
1. The City Council has certified as adequate and complete
and Environmental Impact Report ("EIR"), consisting of a Draft
Environmental Impact Report, dated January 1992 ("DEIR"), and a
Final Environmental Impact Report, dated June 1992 ("FEIR"), for
Ordinance No. 929 amending the Airport Industrial Park Planned
Development ("AIP-PD") , submitted by Redwood Business Park of
Ukiah, a California limited partnership, Gary L. Ackerstrom,
general partner, and Site Development Permit Application No. 90-77
submitted by Wal-Mart Stores, Inc. (hereafter, referred to
collectively as "the Project"); and
2. The EIR has identified significant environmental impacts
of the Project; and
3. The EIR has identified an alternative location for the
Project which the EIR has concluded will have fewer significant
environmental impacts than the location propgsed by Wal-Mart; and
4. The City Council has determined to approve the Project;
and
5. Public Resources Code section 21081 and CEQA Guideline
section 15091 provide that the City shall not approve or carry out
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a project for which an EIR has been completed which identifies one
or more significant environmental impacts, unless it makes
specified findings;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Ukiah finds as follows.
1. The EIR was prepared and made available for public review
and comment in full compliance with the procedures set forth in
CEQA and the CEQA Guidelines.
2. Both the EIR and the Project were considered by the
Planning Commission and City Council at noticed public hearings on
July 22-24, 1992, and August 13-14, 1992, respectively, which were
conducted in full compliance with all legal requirements.
3. The City Council has considered all documents submitted
for consideration prior to or during the hearings it conducted and
all testimony presented during the hearings as well as the EIR, the
Staff Report, dated July 10, 1992, and the Staff Report, dated
August 6, 1992. The Staff Reports are incorporated herein by
reference. It has independently reviewed and considered this
resolution, the Analysis of Information Contained in EIR for Wal-
Mart Project and Suggested Conditions of Approval, which is
attached hereto as Exhibit A, and the Conditions of Approval for
Site Development Permit Application No. 90-87 which is attached
hereto as Exhibit B.
4. The Project is described in the EIR, including the DEIR at
pp. 9-10, as modified by the FEIR at pp. 1-2. This description is
incorporated herein by reference. As a combined result of the
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Project, Wal-Mart will be entitled to construct a 93,792 square
foot, single story general retail discount store on a 14.8 acre lot
with the future right to add an additional 30,000 square feet of
retail space to the building. The Project will also include 740+
nine foot wide parking spaces. An additional one acre lot could be
developed in the future for commercial uses, included general
retail.
5. The EIR evaluated the impacts of the Project itself as
well as its impacts in combination with impacts from past, present
and probable future projects, including impacts from the eventual
completion of the AIP both as presently approved and with possible
future amendments, allowing for expanded commercial development.
Those impacts, both individual and cumulative, along with
recommended mitigation measures and suggested conditions of
approval, are summarized in the Analysis of Information Contained
in EIR for Wal-Mart Project and Suggested Conditions of Approval,
which is attached hereto as Exhibit A and incorporated herein by
reference as though set forth in full.
6. Measures designed to avoid or substantially lessen the
significant environmental effects of the Project as identified in
the EIR are set forth in the Conditions of Approval for Site
Development Permit Application No. 90-77 which is attached hereto
as Exhibit B and incorporated herein by reference as though set
forth in full.
7. Geology. For the reasons stated in Exhibit A (at pp. 1-
2), adoption of condition 6 in Exhibit B will avoid or reduce to
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acceptable levels the geological impacts of the Project. Condition
6 requires Wal-Mart to construct the Project in accordance with the
Site Plan submitted to the City Engineer on February 19, 1992.
8. Hydrology and drainage. For the reasons stated in Exhibit
A (pp. 3-7), adoption of conditions 13-14 in Exhibit B are the only
feasible mitigation measures available to avoid or reduce Project
impacts on hydrology and drainage in the area and will avoid or
reduce those impacts to acceptable levels.
9. Vegetation. For the reasons stated in Exhibit A (pp. 8-
9), the Project will not have significant impacts on vegetation.
10. Air quality. For the reasons stated in Exhibit A (pp.
10-15), the Project will not have a significant adverse effect on
any State or Federal air quality standard, and is, therefore,
presumed under CEQA Guideline 15064(i) to have no significant
adverse impact on air quality.
However, the City Council finds that the project in
combination with past, present and probable future projects (See
DEIR, pp. 12-14) may have a significant adverse impact on ozone
formation in the Ukiah Valley. It finds that this impact is
speculative and cannot feasibly be quantified with any degree of
accuracy. For the reasons stated in Exhibit A (p. 11) and the
August 6, 1992, Staff Report (pp. 6-8) ozone impacts cannot be
studied and estimated within a reasonable period of time, taking
into account economic, environmental, legal, social and
technological factors.
Using the URBEMIS-3 computer model, it is possible to generate
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some estimates of the emissions in tons/day and tons/year of PM10,
NOx, CO and TOG from the estimated traffic volumes to and from the
Wal-Mart project and of the estimated traffic volumes associated
with future projects. However, the URBEMIS-3 program is not
regarded as accurate and these estimates are not necessarily
meaningful, particularly where no current estimates exist for
existing emissions of these pollutants in the Ukiah Valley. (See
FEIR, p. 46.)
The Mendocino County Air Pollution Control District (MCAPCD)
has emissions estimates for the entire county, but not for the
Ukiah Valley. To provide some estimate for the Ukiah Valley the
FEIR estimated emissions based on the assumption that approximately
half the county population resides in the Ukiah Valley. (FEIR, p.
36.) The FEIR notes that these figures are unreliable, but they
are the only figures available. These figures include estimates
for all the known precursors to ozone. (FEIR, p. 46.)
Similar projections were performed for Wal-Mart based on the
assumed 7946 total trips per day. (FEIR, p. 49.) According to
Leonard Charles testimony on 8/13/92, using the 7946 figure assumes
incorrectly that every trip is a new trip to the Ukiah Valley. No
specific estimate has been made of how many of those trips will be
new to the Ukiah Valley and, hence, represent new mobile sources of
pollutants. The economic study done for the EIR suggests that 70
percent of Wal-Mart's sales will come from sales currently being
made by existing Ukiah businesses. This estimate does not indicate
how many more sales will come from businesses in the Ukiah Valley
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but outside City limits. The economic study also indicates that
some of these sales will come from tourist traffic on Highway 101
which would occur with or without Wal-Mart. An ecomomic study done
by Wal-Mart suggests that 17 percent of its sales will come from
existing businesses and a much larger percentage will come from
Highway 101 travelers. Suffice it to say that a wide range of
emission estimates are possible given the inherent uncertainty in
estimating accurately how many new vehicle trips a commercial use
like Wal-Mart will generate. Using the 7946 figure produces a very
conservative figure which more than offsets any underestimates that
might result from assuming a zero percentage of cold starts.
Based on this data the FEIR concludes that Wal-Mart by itself
adds insignificant additional amounts of NOx, SOx and TOG to
existing emissions. Given the infeasibility of modeling ozone for
the Ukiah Valley, no meaningful conclusion can be reached as to the
effect of these additional emissions on existing air quality,
except to say that this represents a very small percentage
increase, does not violate any exisiting air quality standard for
non-stationary sources of air pollution, and would not
significantly exceed even the significance thresholds triggering
new source review for stationary sources of air pollution, which
clearly do not apply to a project such as Wal-Mart.
Similar estimates could have been run for the approximately
60,000 estimated daily trips generated by the balance of the
Redwood Business Park and the other probable future projects.
(DEIR, p. 59, Table 2, Table 4.) However, according to Leonard
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Charles testimony on 8/14/92, those would simply extrapolate the
already inaccurate emissions estimates for Wal-Mart based on the
relative number of daily trips and would predictably produce
numbers approximately eight times higher than the numbers already
produced for the Wal-Mart project. For example, according to the
URBEMIS-3 program Wal-Mart generated traffic will produce 141.7
lbs/day of NOx. If the URBEMIS-3 program were run for cumulative
traffic generated by all included projects, it would estimate
emissions of NOx at approximately eight times that amount or 1133.6
lbs./day.
The City Council finds that actually running the computer
program would not provide additional useful information that would
assist the City Council or the general public in evaluating the
cumulative air quality impacts of this project or in formulating
mitigation measures or making findings of overriding
considerations. In concluding that more accurate assessments are
not feasible, the City Council does not mean to understate the
significance of these potentially significant adverse cumulative
air quality impacts.
The Ukiah Valley on four occassions in 1988 was at the limit
of State and Federal air quality standards for ozone. (DEIR, p.
47.) Based on the DEIR estimate of peak hour automobile trip
volumes produced by Wal-Mart, in combination with all probable
future projects (Table 4, b/w p. 58 & 59), it is possible and
perhaps likely that this volume of traffic could generate
sufficient ozone precursors to cause the Valley to exceed State and
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Federal air quality standards for ozone. Accordingly, the City
Council cannot presume under CEQA Guideline 15064(i) that the
cumulative air quality impacts will be insignificant, and it
assumes that those impacts are significant.
For the reasons stated in Exhibit A (pp. 11-14) adoption of
conditions 15-18 in Exhibit B will avoid or reduce to acceptable
levels the Project's short term impacts on air quality during
construction. Adoption of conditions 19-21 and 36 will minimize
the Project's contribution to cumulative air quality (and traffic)
impacts by providing practical opportunities and encouragement for
employees and customers to travel to and from the site without
using private automobiles.
In addition, the City Council finds that the possibility of
exceeding state and federal ozone pollution standards in the Ukiah
Valley is a problem shared by all present and future projects
causing direct or secondary emissions of ozone precursors and must
be solved on an air basin-wide basis. For that reason, a
considerable amount of necessary mitigation is infeasible for the
City, because it lacks jurisdiction over many projects located
outside city limits that contribute to the problem. (For example,
Lovers' Lane specific plan, Vichy Springs subdivision, Vichy
Springs rezone application, and Sanford Ranch Road project. DEIR,
p. 14.)
The City is currently developing a growth management plan and
substantially revising its general plan. On July 1, 1992, the MCAPD
began ozone monitoring for the Ukiah Valley. Since the City
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Council will not hold hearings on the proposed growth management
plan/general until mid-1993, this additional data may permit more
accurate ozone modeling at that time. The City Council will devise
mitigation measures as part of its growth management plan to
substantially reduce these cumulative air quality impacts. (See
Exhibit B, condition 34.) It is infeasible at this time to identify
more precisely what those specific measures will include, but the
City Council finds that the growth management plan provides the
only viable and fair means to mitigate these impacts as to projects
within the City's jurisdiction.
The City -Council finds that the combination of these
individual and cumulative mitigation measures substantially reduces
whatever significant cumulative air quality impacts may occur.
However, to the extent that these impacts may not be sufficiently
mitigated (some degree of uncertainty necessarily exists given the
speculative and unquantified nature of the impacts), pursuant to
CEQA Guideline 15093, the City Council makes the following
Statement of Overriding Considerations:
STATEMENT OVERRIDING CONSIDERATIONS
The environmental risks are speculative and difficult to
quantify. (See FEIR pp. 54-56.) Those risks include health risks
(DEIR, p. 45) and potential damage to agriculture. (See, for
example, Kings County Farm Bureau v. Hanford (1990) 270 Cal. Rptr.
650, 658 [ozone accounted for 98% of all damage to agricultural
crops in the San Joaquin Valley] .) No evidence has been presented
to the City Council on the basis of which it can readily quantify
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these risks. Additionally, if the Ukiah Valley became a
nonattainment area for ozone, the Mendocino County Air Pollution
Control District would have to develop a plan to reduce emissions
to acceptable levels. (FEIR, pp. 54-55.) Again, however, the costs
associated with such a plan are speculative and cannot be reliably
quantified. (FEIR, pp. 55-56.)
The City Council finds that these risks are overriden by the
following social and economic benefits of the Wal-Mart project:
a. The construction of the Wal-Mart store will increase
the assessed value of the project site by $7.5 Million, increasing
the property tax revenue of the Ukiah Redevelopment Agency (RDA) by
$70,000 per year. Future expansion of the store will increase these
revenues even further. (DEIR, p. 112.) This will generate
significant additional tax revenue to the RDA which must use those
funds to implement the redevelopment plan, including rehabilitation
of the downtown business district. 20% of those funds must be set
aside for low and moderate income housing;
b. Wal-Mart will generate additional sales tax of
between $50,000 and $235,000 per year. (DEIR, p. 8.) In addition,
the City will receive several thousand dollars per year in
additional fees for water, sewer and electric services provided to
the project and in business license fees. (DEIR, p. 112.) These
additional revenues will be available to meet the needs of general
city government at a time when the City anticipates significant
cuts in state funding; and
c. Wal-Mart will generate additional employment within
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the City, at least, in the long term. (DEIR, pp. 111-112.)
Moreover, Wal-Mart will attract other businesses to the Redwood
Business Park (RBP) that will together result in a major expansion
of the Ukiah economy. The existing zoning would not produce this
result. (DEIR, pp. 112-113.) Moreover, any short term loss of
jobs resulting from the Wal-Mart project may be overstated in the
EIR (See DEIR, p. 112 ["It is possible that the net short-term loss
would be less given the potential for Wal-Mart capturing more
leakage or traveller sales than assumed here . . ."].) The
additional development of RBP will quickly offset any short-term
job losses that may result from the Wal-Mart store by itself.
(DEIR, p. 113.). Unemployment in Ukiah is higher than the state
average. Additional employment and expansion of the Ukiah economy
will result in improved living conditions for Ukiah residents and
reduced government costs for welfare benefits, unemployment
insurance and social services.
11. Archeology. For the reasons stated in Exhibit A (p. 15),
the Project will not have any significant adverse impact on
archeological resources. However, adoption of condition 28 in
Exhibit B will avoid or reduce to an acceptable level any
conceivable impact the Project might have on archeological
resources.
13. Traffic. For the reasons stated in Exhibit A (pp. 16-23)
adoption of conditions 1-6 and 19-21 in Exhibit B will avoid or
reduce to an acceptable level the individual impacts on traffic
caused by the Project. Adoption of condition 29 in Exhibit B will
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avoid or reduce to an acceptable level the combined impact of the
Project, buildout of the AIP and the extension of Orchard Avenue to
Marlene Street on the neighborhood north of the Project bounded by
Waugh Lane, Talmage Road, Gobbi Street and Highway 101 ("the
neighborhood"). The DEIR states that curbs, gutters and sidewalks
should be considered where needed along local residential streets
in the neighborhood to mitigate traffic safety impacts from the
buildout of the AIP. (DEIR, p. 71.) Sidewalks are not feasible on
these streets because the City owns insufficient rights of way to
accomodate paved street widths meeting City standards and sidewalks
on these streets. Moreover, if the traffic diversion measures
included in condition 29 prove impractical or ineffective, the
construction of improvements to Waugh Lane as required in condition
29 should reduce traffic safety and noise impacts within the
neighborhood to an acceptable level. If future impacts should
arise that have not been fully mitigated by these measures, which
is highly speculative at this time, the City Council further finds
that any such significant adverse impact is overridden for the
following reasons:
STATEMENT OF OVERRIDING CONSIDERATIONS
Cumulative traffic adversely affecting the safety and
residential character of the neighborhood between Gobbi Street and
Talmage Road (east of Waugh Lane) will result from increased
traffic volumes on streets in this neighborhood, due to the Wal-
Mart project, extension of Orchard Street to Marlene Street, and
build-out of the AIP, if traffic diversion measures prove
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ineffective or impractical and proposed improvements to Waugh Lane
fail to divert sufficient traffic from the neighborhood.
The long-term economic benefit to the City of Ukiah and the
ability of the City of Ukiah to obtain a higher level of retail
sales and higher property taxes outweighs the concerns regarding
the neighborhood impact, particularly given the speculative nature
of these impacts. The benefits are set forth in more detail in the
statement of overriding considerations for air quality which are
incorporated herein by reference.
14. Visual quality. For the reasons stated in Exhibit A (pp.
24-26) conditions 7-10 in Exhibit B will avoid or reduce to an
acceptable level the impacts of the Project on visual quality.
15. Noise. For the reasons stated in Exhibit A (p. 27) the
Project will have no significant adverse long term noise impacts.
For the reasons stated in Exhibit A (pp. 27-28) conditions 24-26 in
Exhibit B will avoid or reduce to an acceptable level the short
term noise impacts during construction of the Project.
16. Public Services. For the reasons stated in Exhibit A
(pp. 29-34) public services are adequate to serve the Project.
Adoption of conditions 10, 27, and 30-33 in Exhibit B will minimize
the Project's future demand on water, energy, sewage treatment
capacity and landfill space.
17. Population and Housing. For the reasons stated in
Exhibit A (pp. 38-39) the Project will not have a significant
adverse effect on population or housing. The City will mitigate
the cumulative impacts from the Project and build-out of the AIP
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through the pending Growth Management-General Plan revision process
that it is currently undertaking and through the Redevelopment
Agency and tax increment and other funds set aside or available for
low and moderate income housing. These are the only feasible means
of meeting the need for increased housing created by the eventual
buildout of the AIP.
18. Land use - General Plan. For the reasons stated in
Exhibit A (p. 40-41) and the August 6, 1992, Staff Report (pp. 3-
6, 11-13) the Project will not conflict with any general plan
policies, including policies promoting the downtown as a commercial
center. Evidence submitted during the hearings established that
Wal-Mart will compete with other general merchandising discount
retailers, like K-Mart, not specialty retail, office and service
businesses. Attracting these types of specialty businesses to the
downtown has become the focus of the City's downtown revitalization
efforts. For example, the Ukiah Redevelopment Agency has evidenced
its support of the downtown as a specialty retail, restaurant and
office area by adopting the downtown design review guidelines which
emphasize those types of businesses. No evidence was presented
showing that Wal-Mart would adversely impact businesses in the
downtown area.
19. Land use - airport. For the reasons stated in Exhibit A
(pp. 42-43) and the August 6, 1992, Staff Report (pp. 13-15) the
Project will not have any significant adverse impact on the airport
and the future operation of the airport, and the airport will not
cause significant adverse safety or noise impacts on the Project.
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See also Findings Under Airport Land Use Planning Law which are
incorporated by reference herein.
20. After thoroughly considering project alternatives,
including the no-project alternative and the 15-acre site on South
State Street between Jefferson Street and Fircrest Drive
and for the reasons stated in Exhibit A (pp. 44-48) and the August
6, 1992, Staff Report (pp. 8-10), the City Council finds that none
of the alternatives are feasible or will have fewer or less severe
adverse environmental impacts than the proposed site for the
Project. Moreover, the City can more effectively
mitigate the potential adverse impacts at the proposed site than at
any other location.
PASSED AND ADOPTED this 14th day of August, 1992 by the following
roll call vote:
AYES: Councilmembers Malone, McMichael, Wattenberger and
Mayor Schneiter
NOES: Councilmember Shoemaker
ABSENT: None ~~~
Fred Schhe~r, Mayor
Ca~ McK~, Cit~ClerK
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Exhibit A
ANALYSIS OF INFORMATION CONTAINED IN
EIR FOR WAL-MART PROJECT
AND SUGGESTED CONDITIONS OF APPROVAL
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INDEX RE ANALYSIS
GEOLOGY .......
HYDROLOGY AND DRAINAGE ....
VEGETATION AND WILDLIFE ....
AIR QUALITY ......
ARCHAEOLOGY ......
TRAFFIC AND CIRCULATION ....
VISUAL QUALITY ......
NOISE ........
PUBLIC SERVICES .....
POLICE ......
FIRE .......
SEWAGE TREATMENT AND DISPOSAL . .
WATER .......
SCHOOLS ......
SOLID WASTE .....
ENERGY USE ......
ECONOMICS .......
POPULATION AND HOUSING ....
LAND USE - GENERAL PLAN ....
LAND USE - AIRPORT ....
PROJECT ALTERNATIVES ....
· · ·
· · ·
· · ·
· · ·
· · ·
· · ·
· · ·
· · ·
· · ·
· · ·
Paqe
1
10
15
16
24
27
29
29
29
30
31
31
32
32
35
38
40
42
44
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WAL-MART PROJECT IMPACTS RE GEOLOGY
DEIR INFORMATION, PP. 25-26
Potential Impacts
Although the DEIR stated that this area had been graded and
filled, this information was found to be incorrect (FEIR, pp.
78-80, Item 1).
There are no major geologic constraints or impacts associated
with the Wal-Mart site and the project. Appropriate construction
techniques should be implemented to insure that the store will
not fail during an earthquake. Recommendations contained in the
Twining Laboratories report should be implemented to insure that
soils are adequately prepared to support improvements on the
site.
Cumulative Impacts
Development of the remainder of the AIP may involve additional
filling of the lower area in the southeastern portion. The fill
must be properly engineered to insure building, road, and parking
lot integrity.
Recommended Mitigation Measures Concerninq Wal-Mart Project
Implement all the recommendations included in the Twining
Laboratories report (Appendix C to the DEIR) regarding site
improvements. [Note that the report was amended February 19,
1992 to minimize site earthwork; the amendment is on file with
the City of Ukiah. ]
Recommended Mitiqations Concerninq AIP Future Development
Future development in the AIP should include evaluations and
assessments similar to those contained in the Twining report and
the recommendations made conditions of approval.
Ail mitigatiOns shall be monitored by the Ukiah Department of
Public Works and/or Building Department.
SUGGESTED CONDITIONS OF APPROVAL:
1. Recommendations in the Twining Laboratories report, as
amended February 19, 1992, shall be incorporated into the site
improvements and site preparation; these have been addressed in
the site development plan presently under consideration.
· .
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2. Building plans and specifications shall implement
construction techniques and materials to insure that present
earthquake standards are met; this shall be made a condition
concerning the project; these requirements have been incorporated
into the site development plan presently under consideration.
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WAL-MART PROJECT IMPACTS RE HYDROLOGY AND DRAINAGE
DEIR INFORMATION, PP. 27-33
Potential Impacts
1. Developing the site with buildings and parking area will
increase the area of impervious surfaces on the site and will
increase peak runoff flows during 10-year and 100-year storms.
The drainage plan includes measures to insure there will be no
on-site flooding during the 10-year storm, but there would be
minor flooding during a 100-year storm due to Russian River flood
stages.
2. Developing the site will have a minor impact on flooding
east of the freeway; increased runoff from the site could
slightly increase the extent and duration of flooding on the
orchard to the east, but this would typically occur only in
conjunction with river overbank flooding; project area flows
would not trigger flooding, but could expand the area inundated.
3. Downstream sedimentation could increase the frequency of
shallow roadway flooding along Hastings Road east of the Russian
River.
4. Site runoff will slightly increase the peak flow rates
discharged to the Russian River during high river states, but
this impact is very small given the size of the Russian River
watershed, and is considered insignificant.
5. Construction could result in a moderate to significant
increase in on-site erosion, which could result in a minor
increase in transport of sediments to the Russian River.
6. The project could result in a minor increase in channel
instability on the northernmost ditch east of Hastings Road (and
east of Russian River); the existing instability in this ditch
derives from the lowering of the russian River bed.
Cumulative Impacts
1. Development of the remainder of the AIP will greatly
increase the area of impervious surfaces and consequently
increase peak flows during 10-year and 100-year rainstorms by 2
to 4 times. Proposed drainage improvements (some of which are
already in place) will alter the direction and path of surface
runoff on the site. The extent of flooding on the freeway, or on
on-ramps and off-ramps, will not be affected by either the
Wal-Mart project or the AIP buildout.
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2. Buildout of the AIP will have a minor to moderate, but not
significant, impact on flooding east of Highway 101. During
Russian River flooding, increased peak flows and runoff volumes
could increase the extent and duration of flooding on orchards to
the east; this would occur only in conjunction with overbank
flooding. Given the large size of the Russian Rover watershed,
the percentage increase is not considered significant, and in a
worst case analysis would equal only a .5% increase in flow.
3. Fill is in place in the area of the existing hayfield in the
southeast portion of the AIP, which reduces the present surface
detention of runoff during storms; this will contribute to
reduction of the area of existing wetland, and may eliminate or
reduce the riparian habitat and pond in the southerly area. Loss
of wetland and riparian habitat is considered a significant
impact.
4. Construction of the AIP would result in bared soils and
potential for erosion and transport of sediments to the russian
River.
5. Buildout may result in a moderate to significant increase in
channel instability on orchard property to the east of the
freeway. The present instability is due to the lowering of the
Russian River bed, but the already unstable ditch could be
further destabilized due to increased frequency and magnitude of
AIP flows.
Recommended Mitiqation Measures Concerninq Wal-Mart Project
1. Replace existing culvert on earthen driveway leading from
Hastings Road, east of Russian River [this is on privately-owned
land outside Ukiah city Limits].
2. Replace existing 24" culvert under Hastings Road and east of
Russian River with 36" culvert.
3. Implement on-site erosion control program during
construction.
4. Implement energy dissipation measures at freeway ditch storm
drains and surface conduit outlets to prevent channel bank and/or
bed scour.
5. Share in funding and constructing ditch stabilization
measures on orchards east of the site and east of the Russian
River; rock check dams should be constructed to stabilize the
channel bed and minimize undercutting of ditch banks, and ditch
slopes could be graded to more stable angles.
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Ail mitigation measures shall be monitored by the Ukiah
Department of Public Works.
FEIR MODIFICATIONS:
1. Existing culvert (item 2 above) was determined to be 42" in
size, rather than 24", so is adequate and does not require
replacement (FEIR pp. 78-80, Item 2).
2. In 1986 AIP constructed drainage facilities now in place
that diverted the airport runoff west of the AIP to the south;
this took much of the pressure off the culvert under Highway 101
and the northern drainage ditch on the orchard property to the
east; all things considered, the impact of Russian River flooding
overwhelm the effect of the increase in runoff from the Wal-Mart
project (FEIR, p. 289).
3. Straw bales can be used effectively to prevent off-site
transport of eroded sediments during and after construction
(FEIR, p. 245).
4. There are no potential flooding impacts from the Wal-Mart
project for any adjoining properties to the west of Highway 101;
the site specific increase in stormwater runoff is extremely
small, i.e., insignificant, when evaluated against the Russian
River discharge for significant flooding events (FEIR, p. 95).
5. There are suggested measures for retention of wetlands
[approximately 1,400 feet south of the Wal-Mart site] that will
partially mitigate increases in peak flows from the site.
Mitigations suggested [by the commentator] appear unwarranted for
Wal-Mart, given its insignificant impacts on flooding.
Infiltration trenches were suggested in the DEIR Hydrology
Report, but were dropped from consideration in the text of the
DEIR after review indicated such mitigation was not warranted
given the soils on the site. No non-point stormwater discharge
regulations are presently in place. Wal-Mart will diminish
groundwater recharge, but the loss is minimal given the expanse
of undeveloped land to the east of the freeway (FEIR, p. 289, et
seq.).
6. On the wetlands issue, the response letter from the
Mendocino County Fish & Game Advisory Commission (FEIR, p. 34)
states that the Commission feels the Wal-Mart project is more
acceptable for the site than another type of project would be;
note also the letter from Department of Fish & Game (FEIR, p. 13)
regarding the area containing the wetlands, as pertaining to AIP
development.
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7. Regarding erosion control for agricultural property east of
the Russian River, an erosion control program would have to be
submitted for review [presumably by the property owner] to the
Regional Water Quality Control Board [the FEIR, at page 96, also
states it would be submitted to the City; this does not appear
correct, since the land is not within the City]. The problem
already exists in the downstream drainage ditches on the property
(FEIR, pp. 95-96).
SUGGESTED FINDINGS AND CONDITIONS OF APPROVAL:
Findings:
1. The recommended mitigation measure concerning replacement of
a culvert on a privately-owned driveway outside the Ukiah City
Limits (Recommended Mitigation 1 above) is not feasible, since
the applicant has no reasonable ability to enter upon private
land to put improvements in place.
2. The recommended mitigation measures concerning ditch
stabilization measures on privately-owned agricultural property
east of the Russian River and outside the ukiah City Limits
(Recommended Mitigation 5 above) are not the responsibility of
the applicant and are not feasible, since the applicant has no
reasonable ability to enter upon private land to put improvements
in place.
3. No culvert replacement under Hastings Road is necessary,
since the culvert is already of a more than sufficient size,
which was determined upon additional investigation.
Conditions of Approval:
1. The applicant should implement an on-site erosion control
program, which shall consist of placing staked straw bales at
inlet locations to contain sedimentation on-site; this shall be
made a condition regarding the project.
2. A site-specific drainage system has been submitted as a part
of the Sit'e Development Plan in accordance with city standards
and in accordance with the recommendations contained in the FEIR
(pp. 227-231) and has been approved by the City Engineer;
implementation of that system shall be made a condition regarding
the project.
3. Energy dissipation measures at surface conduit outlets shall
be implemented to the approval of the City Engineer;
implementation shall be made a condition concerning the project.
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4. Mitigation measures shall be monitored by the Ukiah
Department of Public Works pursuant to an adopted monitoring
program.
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WAL-MART PROJECT IMPACTS RE VEGETATION
DEIR INFORMATION, PP. 34-43, 134
Potential Impacts
Construction of the Wal-Mart store will not result in any
significant loss of plant or wildlife habitat. The site is
currently a vacant grassy field. While there will be a reduction
in habitat used for foraging by various birds and mammals, this
loss is not substantial enough to be considered significant.
Construction of Wal-Mart will eliminate about 15 acres of weedy
grassland; this is an insignificant impact.
Cumulative Impacts
1. Development of the remainder of the AIP may involve
additional filling of the lower-lying area in the southeastern
portion east of Airport Park Boulevard. If continued, ongoing
filling would eliminate remaining wetland area and the habitat
for the identified Baker's meadowfoam plant; loss of the
remaining wetland and the plant would be considered a significant
adverse environmental impact under CEQA, since Baker's meadowfoam
is listed as a rare plant by the State of California.
2. Development of the south end of the AIP could result in the
loss of mature valley oaks; loss of these mature trees would be a
major impact.
3. Future development of AIP should include measures to divert
site runoff to remaining wetlands/ponds on the site; adequate
mitigations to filter the runoff should be made to avoid possible
damage to the wetland.
Recommended Mitiqation Measures Concerning Wal-Mart Project
No mitigations are recommended or required for the Wal-Mart site,
as no significant biotic resources would be lost due to the
development.
Recommended Mitiqations Concerninq AIP Future Development
1. A mitigation plan should be developed to preserve the
wetland area and restore the wetland hydrology; uncontaminated
drainage from adjacent lands may be required, which may entail a
separate drainage collection system concerning adjacent
properties in proximity to the area. These mitigations will
require consultation with and agreement by the State Department
of Fish & Game.
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2. Development in areas adjacent to the wetlands area on Lot
G-5 should not be allowed until an approved mitigation agreement
has been entered into with the Department of Fish & Game.
3. Future development where there are existing valley oaks
should require that they be maintained and that development be in
harmony with their retention.
4. Ail future landscaping in the AIP should focus on species
native to the Ukiah Valley which provide wildlife habitat.
Ail mitigations shall be monitored by the Ukiah Department of
Community Development.
FEIR MODIFICATIONS: None
SUGGESTED CONDITIONS OF APPROVAL:
No mitigation measures are required concerning vegetation
and wildlife regarding the Wal-Mart project; no significant
environmental impacts are identified.
The following condition is suggested, but not required,
concerning the Wal-Mart project:
1. Landscaping on the Wal-Mart site shall be implemented as
agreed with the City Community Development Department in
accordance with current City standards, to include some species
native to the Ukiah area.
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WAL-MART PROJECT IMPACTS RE AIR QUALITY
DEIR INFORMATION, PP. 44-50; FEIR INFORMATION, PP. 41-56
Discussion (from DEIR, pp. 46-47)
In general the air quality within the Ukiah valley is good.
The Mendocino County Air Pollution Control District (APCD)
conducted a study of all air pollutants in 1988 and discovered
potential problems/hazards associated with two pollutants --
ozone and small particulates. According to that study, the most
severe and complex air quality problem is the relatively high
level of ozone experienced especially during warm,
meteorologically stable periods in the summer and fall. Ozone
forms in the atmosphere through a complex series of photochemical
reactions involving reactive organic compounds and nitrogen
oxides. No single source accounts for most of those emissions.
Ozone can cause eye irritation and impair respiratory functions.
The 1988 study conducted by the APCD showed four occasions when
local air quality was 9 ppm for ozone (the allowable State
standard); these were four hourly episodes out of 8,000 measured,
all occurring in the afternoon; two were in July and two in
October. There were no exceedances of State standards, but air
quality was at the limit on those four occasions.
In comparing the anticipated emissions as a result of the
Wal-Mart project with the emissions by total mobile sources in
the Ukiah Valley, the Wal-Mart project will add a very
insignificant amount of any of the precursors of ozone (about
0.07% of the NOX and 0.6% of the SOX).
A quantitative analysis was prepared for projected traffic
volumes on local streets concerning carbon monoxide, which is the
pollutant typically used to measure impacts on air quality
resulting from vehicles. The analysis showed that project
traffic would not result in any exceedances of State or Federal
standards for carbon monoxide at sensitive receptors located
adjacent to those intersections. Air quality at additional
sensitive receptors further removed from intersections can expect
less severe impacts than the receptors that were measured. While
project traffic will increase pollution of the air, the amount
added will not result in local air quality exceeding adopted
standards.
Small particulates are respirable particulates which
increase the risk of chronic respiratory disease, alter lung
function in children, and, with sulfur dioxide, produce severe
illness. These particulates are generated by construction
activities, agriculture-related operation, wood stoves and
fireplaces, and vehicular traffic. The Ukiah Valley has been a
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10
"non-attainment area" for fine particulates since 1986. Ninety
percent of the exceedances have occurred in the winter when
woodburning devices are being used.
Discussion from FEIR pp. 3-4
Precise calculation of ozone impacts cannot be determined without
extensive meteorological baseline data; these data are not
available. To generate these data would take many months and
maybe years of work and hundreds of thousands to several million
dollars. Development of such a data base is outside the scope of
this EIR and if later deemed necessary should be conducted by the
Mendocino County APCD in concert with the City, County, and other
agencies. Estimates have been provided concerning emission of
pollutants that play a part in ozone formation. There is no
evidence that increases in emission of pollutants as a result of
traffic increases, either concerning the Wal-Mart project or the
AIP buildout, or cumulative impacts, will result in exceedances
of State air quality standards. Thus, cumulative air quality
environmental impacts are not found to be significant. If the
City should determine that this is a significant air quality
impact, the City would be required to present corroboration for
this determination.
ADDITIONAL FEIR MODIFICATIONS AND COMMENTS: Additional studies
and analyses were done at the request of the Mendocino County Air
Pollution Control officer and citizens for Adequate Review, using
parameters requested by them, but the results did not alter the
conclusion that neither the Wal-Mart project nor the buildout of
the AIP will have any significant effect on local air quality
(see FEIR pp. 38-56 and 194-199).
There is no reasonably available evidence that in any way
indicates that traffic generated by the project will result in
exceedances of State air quality standards. If the City
determines that cumulative traffic would result in ozone standard
exceedances, and determines further that this is a significant
impact that must be addressed in a Statement of Overriding
Consideration, evidence must be entered into the record to
corroborate this finding.
Potential Impacts of Wal-Mart Pro~ect
1. Construction activities would temporarily increase
particulate concentrations near the project site. Equipment and
vehicles generate dust during clearing, excavation, and grading.
Construction vehicle traffic on unpaved surfaces generates dust,
as would wind blowing over exposed earth. Unless adequately
controlled, dust could travel to neighboring businesses and
S:\U\DOCS\WALMART.SUM
11
residences. The Wal-Mart project will not result in significant
production of particulates after the construction stage is
completed.
2. No other environmental impacts concerning air quality have
been identified of any significance concerning the Wal-Mart
project.
Cumulative Impacts
1. The combined number of trips generated by Wal-Mart and
buildout of the AIP will not produce pollutants that cause air
quality impurities to exceed any established state or federal air
quality standard.
2. To model and determine ozone formation and levels requires
basic research costing hundreds of thousands to millions of
dollars and which would require many months and perhaps years to
complete; development of a plan to show how ozone levels will be
decreased to below State standards, should they be exceeded in
the future, would require a plan development by the local Air
Pollution Control District. It cannot presently be predicted
with any accuracy, because of the lack of any baseline data,
whether buildout of all cumulative projects will generate
sufficient new pollutants that would result in the formation of
sufficient ozone so that the area would exceed State standards
for that pollutant. This is an area-wide problem that would best
be addressed at the time of General Plan Revision. Given the
uncertainties regarding modelling of ozone formation, it is
likely that an analysis of ozone formation will require an
area-wide study involving the APCD, plus the Northern Sonoma
County APCD and the Bay Area Air Quality Management District (see
the complete discussion contained in the DEIR and FEIR on the
pages referred to above). The cost of such a study and plan
development far exceeds the magnitude of any requirement that
should be imposed in AIP or Wal-Mart concerning their
developments.
Recommended Mitiqation Measures Concerninq Wal-Mart Project
1. Unpaved areas where construction is occurring shall be
sprinkled with water at least twice a day. If dust is visible
beyond property boundaries, applicants shall sprinkle more
frequently or apply dust palliatives until dust is satisfactorily
controlled.
2. Ail stockpiles of soil, sand, and other similar materials
shall be covered with a tarpaulin or other effective cover except
when in use.
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12
3. Trucks hauling debris, soil, sand, or similar materials,
shall be covered.
4. Replanting and paving shall be completed as soon as possible
following levelling and construction.
5. Because the project will not result in exceedances of carbon
monoxide standards, which can be and have been measured, no
mitigations are required for vehicle-generated emissions, and no
significant environmental impacts will result.
The foregoing mitigation conditions, if adopted, should be
monitored by the Ukiah Department of Public Works and/or Building
Department.
It is not feasible to require or perform an ozone study
concerning the project, because of the cost and length and time
involved for such study, and because the results of such a study
would be uncertain and inconclusive based on present methods; to
generate this type of data requires extensive meteorological
baseline data. Because vehicle emissions in the Ukiah Valley,
together with any other existing emission sources, may in the
future result in increased ozone formation (an affect that cannot
now be determined with any certainty), the following measures are
recommended to decrease vehicle emissions by reducing potential
vehicle trips to the site:
6. Wal-Mart and the city shall work with the Mendocino Transit
Authority to extend public transit services to the Wal-Mart site;
bus service should be scheduled to provide frequent service to
the site from all major population centers in the Ukiah area; a
bus stop area should be provided near the entrance to the
Wal-Mart store.
7. Bike lanes shall be extended to the site from the Hastings
Road/State Street intersection, subject to feasibility as shall
be determined by the City Engineer; following completion of
widening and improvement of Talmage Road westerly from the site
to State Street, bike lanes shall be provided along Talmage Road.
Sidewalks shall be put in place along the northerly side of
Hastings Road-Airport Road access to Commerce Boulevard to
provide pedestrian access in conjunction with roadway
improvements. Where possible and roadway and rights of way
permit, trees should be planted along sidewalks to provide a
shaded walkway.
8. Ail heating and cooling equipment shall comply with State
laws regarding emissions.
9. Wal-Mart shall be encouraged to establish a carpooling
incentive plan for their employees.
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13
Recommended Mitiqations Concerning AIP Future Development
1. All of the recommended mitigations 1 through 9 as specified
above concerning the Wal-Mart project.
2. All mitigations shall be monitored by the Ukiah Department
of Public Works and/or Building Department.
SUGGESTED CONDITIONS OF APPROVAL:
The recommended conditions 1 through 9 above.
· 14
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WAL-MART PROJECT IMPACTS RE ARCHAEOLOGY
DEIR INFORMATION, P. 51
Potential Impacts
No archaeological or significant historic remains were found
on the property during a field survey of the AIP, which included
the Wal-Mart site. If archaeological or historic resources
should be uncovered during site grading and preparation, work
should be halted in the area until the remains can be assessed by
a professional archaeologist.
Recommended Mitigation Measures Concerning Wal-Mart Project
None.
SUGGESTED CONDITION OF APPROVAL:
1. If archaeological or historic resources are uncovered during
site grading and preparation, work should be halted in the area
of the find until the remains can be assessed by a professional
archaeologist.
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15
WAL-MART PROJECT IMPACTS RE TRAFFIC AND CIRCULATION
DEIR INFORMATION, PP.52-77, 138, 141, 144-145, APPENDIX H
Discussion
Roadway access to the Wal-Mart site is provided by the Highway
101 freeway, while local access is provided by Talmage Road and
Hastings Road-Airport Road (to Commerce Drive). Access through
nearby residential streets to the north is possible via Betty and
Lorraine Streets and Waugh Lane, by way of Old Talmage Road.
Based on traffic volume counts, the weekday PM peak traffic hour
was found to occur between 4:30 and 5:30 P.M. Traffic impacts
are generally assessed at roadway intersections, since it is here
that congestion will first interrupt traffic flow along a
roadway.
Signalized intersection operation is graded based on a system
called Level of Service (LOS) which ranges from Level A,
uncongested flow, to Level F, indicating extreme congestion and
delay. LOS C is the poorest level tolerated by the City of Ukiah
for signalized intersections. Unsignalized intersection
operation is also graded using LOS A through F. Most study
intersections were operating acceptably during the weekday PM
peak traffic hour. Exceptions are Talmage Road at South State
Street, which was borderline at LOS C/D, and Airport Park
Boulevard at Talmage Road, which was at LOS D. Since the study,
the traffic signal at Talmage Road/South State Street was changed
to a 3-phase operation with left turn capabilities, which
eliminated concerns regarding this intersection (DEIR, p. 58).
As indicated in the Project Alternatives section of the EIR
(DEIR, pp. 144) and the attached discussion concerning Project
Alternatives, no other site within the City of Ukiah has an
adequate site or traffic accommodation ability for the Wal-Mart
store, and the Montgomery Ward site does not have such
accommodation without the same mitigation measures concerning
Talmage Road/State Street. Even deveopment on the site as
"highway oriented commercial" under present AIP PD, without any
amendment, would require similar mitigation measures to address
traffic concerns.
Potential Impacts of Wal-Mart Store
The proposed Wal-Mart store is projected to generate a total of
9,260 daily two-way trips with 235 inbound and 220 outbound trips
during the peak PM traffic hour (worst case scenario, based on
"trip ends"). (As discussed in the Air Quality section,
automobile emissions are not considered "significant" unless they
meet or exceed 10,000 trips per day.) The total buildout of AIP
16
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and Wal-Mart would generate an estimated 44,000 daily two-way
trips, with 1,515 inbound and 1,950 outbound trips during the PM
peak traffic hour.
Estimated project traffic distribution patterns were distributed
to the local roadway system, and it was determined that the
residential street network north of the site would be the chosen
route for about 5% of the traffic, but the largest percentages of
total project traffic were projected to arrive and depart by way
of Highway 101/Talmage Road, about 45%, by way of South State
Street/Talmage Road, about 15%, and by way of South State
Street/Hastings Road, about 35%.
Traffic volumes at Talmage Road/Airport Park Boulevard would
exceed peak hour signal warrant criteria levels; signalization of
this intersection will be required. The left turn lane on the
westbound Talmage Road approach to Airport Park Boulevard would
be marginally adequate for increased traffic demand; it should be
lengthened. Traffic on Hastings Road-Airport Road would cause
further deterioration of already degraded pavement; this should
be improved. The absence of crossing gates and warning lights at
the railroad crossing on Airport Road-Commerce Drive would create
safety concerns; crossing gates and flashing warning lights
should be installed. The EIR also expressed concern regarding a
"90 degree curve" at Hastings Road-Airport Road connection; it
was determined by the City Engineer that this curve is actually a
much lesser curve and is adequate to accommodate the anticipated
traffic. Other potentially significant impacts concerning
traffic are identified in detail in the DEIR, at the pages
indicated above.
Cumulative impacts of the Wal-Mart project on the residential
area to the north of Talmage Road are to a great extent the
result of the extension of Orchard Avenue to Marlene Street,
which is presently in progress; only 5% of traffic from the
Wal-Mart site is anticipated to exit through this neighborhood.
Increased traffic in this residential neighborhood will result in
potentially significant adverse impacts.
Airport Park Boulevard, along the frontage of the Wal-Mart site,
should be improved and modified to alter present access to and
exit from the site and provide adequate truck access.
Mitigation Measures Reqarding the Wal-Mart Project Proposed in
the EIR
1. South State Street/Talmage Road intersection would require a
southbound left turn lane; this would require elimination of
on-street parking along both sides of South State Street in
proximity to the intersection. With the added turn lane the
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17
intersection would operate acceptably at LOS B/C during the PM
peak traffic hour. This intersection should have a 3-phase
signal, rather than a 2-phase signal.
2. The Talmage Road/Airport Park Boulevard intersection should
be signalized; the signalized intersection would operate at LOS
A.
3. The Highway 101 southbound off-ramp to westbound Talmage
Road should be realigned to connect to Talmage Road at a
90-degree angle, and should be stop sign controlled. With this
mitigation the stop sign controlled right turn movement would
operate acceptably at LOS B.
4. The westbound left turn lane at Talmage Road/Airport Park
Boulevard intersection should be lengthened from its existing
100-foot length to 220-240 feet to accommodate traffic generated
by the Wal-Mart project.
5. The western portion of Commerce Drive in the vicinity of the
railroad track, the segment of Airport Road between its
intersections with Commerce Drive and Hastings Road, and the
entire length of Hastings Road should be repaved.
6. Automatic warning lights and crossing gates should be
installed at the railroad crossing on Commerce Drive.
7. Realignment of the curve at Hastings Road-Airport Road
should be considered to reduce the 90-degree curve; this should
be done in conjunction with repaving Hastings Road-Airport Road.
Airport Road should also be stop sign controlled on the
southbound and northbound approaches to Commerce Drive.
8. Access to the Wal-Mart site from Airport Park Boulevard
should be redesigned as follows: a) close all median openings
except the ones serving the northerly and southerly Wal-Mart
driveways, and channelize these openings to allow southbound left
turn inbound movements only; provide left turn lanes on
approaches to both median breaks; b) design the central driveway
to accept right turn inbound and outbound movements only; c)
channelize the southerly driveway at least 100 feet into the
parking lot [this would require a major redesign of the Wal-Mart
site plan]; d) eliminate outbound left turn lanes at all three
driveways; e) sign the southerly driveway as the main access; f)
widen the east side of Airport Park Boulevard just north of the
northerly and southerly driveways and just north of Commerce
Drive in order to facilitate U-turn movements.
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18
9. Landscaped islands at the ends of the fifth and ninth
parking aisles (counting from the south) should be angled to
guide traffic through smooth transitions along the north-south
parking aisle adjacent to the store frontage.
i0. The landscaped islands at the ends of each east-west parking
aisle should be substantially enlarged to provide enough buffer
area to prevent cars backing out of parking spaces from
interfering with flow in adjacent north-south parking aisles.
11. Access driveways along Airport Park boulevard should be
minimized throughout the AIP; the Airport Park Boulevard/Commerce
Drive intersection should be signalized when Warranted.
12. The northerly driveway on Airport Park Boulevard to be used
for access to Lot A1A should be used for right turns in and out,
and for left turns in only, and should be blocked to left turn
outbound movements; this would reduce conflicting traffic
movements near the Airport Park Boulevard/Talmage Road
intersection. No turns into or out of Lot A1A should be allowed
along Talmage Road. A secondary access should be considered from
Lot A1A into the Wal-Mart parking area to provide for emergency
access and better traffic flow on Lot A1A.
Ail mitigations should be monitored by the Ukiah Department
of Public Works.
Additional mitigations are listed in the DEIR, at pp. 69-71
concerning AIP buildout, and should be implemented in connection
with that buildout, if not required in connection with the
Wal-Mart project.
Modification of Mitigation Measures by City Engineer
1. The South State Street/Talmage Road intersection has already
been signalized with a 3-phase signal as recommended; prior to
completion of the Wal-Mart store, a southbound left turn lane
will be created by the City at the intersection by eliminating
on-street parking in the area and painting the lane on the
pavement; this eliminates recommended mitigation measure 1 above,
as the improvements are not the responsibility of the applicant.
2. The recommended improvements to Talmage Road, as specified
in mitigation measures 3 and 4 above, have been modified by the
City Engineer to accomplish adequate mitigation concerning
traffic flow. The southbound highway off-ramp to Talmage Road
will be realigned and widened to provide a separate access lane
onto Talmage Road, so traffic from the Talmage area will not have
to merge with freeway off-ramp traffic. Talmage Road will be
widened, and curbs, gutters and sidewalks installed along the
north side, from the project frontage to the railroad tracks.
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19
Interior street modifications will be made to Betty Street and
Lorraine Street to minimize through traffic access through the
residential neighborhood. Future improvements to Waugh Lane will
be implemented by the City of Ukiah to improve that arterial
access. The latter improvement is not considered necessary
regarding traffic impacts due to the Wal-Mart project (either by
the City Engineer or by the EIR).
The improvements to Talmage Road, as modified, will be
required to be completed prior to opening of the Wal-Mart store.
3. Hastings Road-Airport Road improvements (mitigation measure
5 and 7), including widening and repaving, installation of
sidewalks and a bicycle lane, will be required prior to opening
of the Wal-Mart store; no roadway realignment is necessary in the
area of the Hastings Road-Airport Road connection; roadway
improvements will be completed to City standards, and put in
place on City-owned property; a stop sign at the northbound
approach to Commerce Drive will be installed. 4. The interior
modifications specified in mitigation measures 8 through 12 above
have been incorporated into the present site development plan,
and meet the approval of the City Engineer; mitigation measures
necessary would simply be the implementation of the site
development plan design.
5. Signalization of Talmage Road/Airport Park Boulevard will be
done prior to opening of the Wal-Mart store (mitigation measure
2) and application concerning warning lights and crossing gates
will be installed as soon as funding is received from the Federal
government; application for these funds will be processed by the
applicant and the City (mitigation measure 6).
SUGGESTED CONDITIONS OF APPROVAL:
1. Interior AIP site modifications to Airport Park Boulevard
shall be implemented as specified in the site development plan
submitted to the City of Ukiah on February 19, 1992, to the
approval of the City Engineer and the City Department of Public
Works (mitigation measures 8 and 11).
2. Interior Wal-Mart site modifications regarding access
driveways, parking areas, and landscaped islands shall be
implemented as specified in the site development plan submitted
to the City on February 19, 1992, to the approval of the City
Engineer and the City Department of Public Works (mitigation
measures 9 through 11).
3. Talmage Road widening and improvements, including widening
the northerly portion, realignment and widening the Highway 101
southbound off-ramp to provide a separate lane for traffic
exiting westerly onto Talmage Road, sidewalks, curbs and gutters
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20
on the northerly side of Talmage Road, and paving, shall be
designed and implemented by the applicant to the approval of the
City Engineer, with all improvements to be completed prior to
opening of the Wal-Mart store (mitigation measures 3 and 4).
4. An 8-phase traffic signal shall be installed at the Talmage
Road/Airport Park Boulevard intersection to accommodate through
traffic and left-turn movements, to be designed by the City in
accordance with City specifications, prior to the opening of the
Wal-Mart store (mitigation measure 2).
5. The Hastings Road-Airport Road connection from South State
Street to Commerce Drive, and the westerly portion of Commerce
Drive in the vicinity of the railroad tracks, shall be widened to
34 feet and repaved, with sidewalks, curbs and gutters to be
installed, within available land owned by the City of Ukiah, to
be designed by the applicant in accordance with City standards,
to the approval of the City Engineer; a stop sign for northbound
traffic shall be installed at the Commerce Drive/Airport Road
intersection; the said improvements shall be completed prior to
opening of the Wal-Mart store (mitigation measure 5).
6. Application for federal government funding concerning
installation of automatic warning lights and crossing gates at
the railroad crossing on Airport Road-Commerce Drive shall be
made by the City of Ukiah immediately upon approval of the
Wal-Mart project, and prior to issuance of a building permit for
the Wal-Mart site; installation of the lights and gates shall be
made as soon as practicable after obtaining such funding, but no
later than eighteen months following the opening of the Wal-Mart
store (mitigation measure 6).
7. The City shall implement creation of a southbound left-turn
lane at the South State Street/Talmage Road intersection, to be
completed prior to the opening of the Wal-Mart store (mitigation
measure 1) .
8. The cost allocation regarding each of the conditions of
approval shall be as follows:
a. The applicants shall be solely responsible for the cost
of interior site modifications (Items 1 and 2 above).
b. The applicants shall be responsible for 50% of the cost
of Talmage road widening and improvements, as specified in item 3
above; the City of Ukiah shall contribute the remaining 50% of
the cost.
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21
c. The cost of design and installation of the traffic
signal at Talmage Road/Airport Park Boulevard intersection, Item
4 above, shall be paid 50% by the applicants, and the remaining
50% shall be contributed by the City of Ukiah, consistent with a
previously negotiated Developer Agreement related to the AIP PD.
d. The Hastings Road-Airport Road improvements, Item 5
above, shall be paid 85% by the applicants, and the remaining 15%
shall be contributed by the City of Ukiah; excepted from these
cost allocations are sidewalk improvements paid for along
frontage owned by a third party.
e. Federal funding for up to 90% of the cost of automatic
warnings lights and crossing gates to be installed at the
Commerce Drive railroad crossing is assumed to'be available upon
filing and processing applications to CalTrans and the Public
Utilities Commission, and appropriate applications shall be filed
as soon as possible. The applicants shall be responsible for all
costs of procurement and installation not covered by available
federal or state government funding.
f. The implementation of a southbound left turn lane at
the Talmage Road/South State Street intersection, involving only
pavement striping and curb painting, will be paid for by the City
of Ukiah.
g. The City Engineer, upon computing the cost of the
various improvements specified above, and the respective
contribution amount by the City and the applicants, respectively,
may allocate the cost-share of the City to specific improvement
or improvements.
The foregoing represent mitigations of all significant
impacts regarding traffic and circulation identified in the EIR,
except for the impact of additional traffic in the neighboring
residential area to the north of Talmage Road. The additional
traffic that will be generated concerning the Wal-Mart project
will not significantly contribute to the neighborhood impact,
since only about 5% of the traffic is anticipated to travel to or
through that neighborhood. The cumulative impact is greater,
since an extension of Orchard Street to Marlene Street is
presently under construction. The City Council can and should
make additional findings concerning that impact. If no
mitigating conditions are to be performed concerning that impact,
the Council should make a Statement of Overriding Considerations,
as follows:
Cumulative traffic will adversely affect the residential
character of the neighborhood between Gobbi Street and Talmage
Road (east of Waugh Lane); increased traffic volumes will be
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experienced on streets in this neighborhood, due to the Wal-Mart
project and due to the extension of Orchard Street to Marlene
Street, with the latter creating the greatest impact.
The long-term economic benefit to the City of Ukiah and the
ability of the City of Ukiah to obtain a higher level of retail
sales and higher property taxes outweighs the concerns regarding
the neighborhood impact.
The City of Ukiah should in the future take the necessary
steps to widen and improve Waugh Lane as an arterial street from
Gobbi Street to Talmage Road, and shall explore ways of reducing
the ability of through traffic to travel along Betty Street and
Lorraine Street.
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WAL-MART PROJECT IMPACTS RE VISUAL QUALITY
DEIR INFORMATION, P. 78-83
Potential Impacts
The Wal-Mart site is located on Lot A1 of Redwood business Park,
contained in the AIP, and in all probability will be the largest
and most recognizable building in the AIP. The location will
make the building highly visible from the area north of Talmage
Road, from Talmage Road, and from Highway 101 south of the
Talmage overcrossing. The building will be one-story and
box-like, which is typical of department stores, with a facade of
block and stucco, similar to other large stores in Ukiah recently
constructed near the freeway. Special attention should be given
to screening the building facade to minimize visual impacts.
Potential Impacts of AIP Buildout
Views from Highway 101 and Talmage road would significantly
change with future buildings and parking lots replacing open
space, especially when traveling on Highway 101 and from Talmage
Road and southerly onto Highway 101.
Existing views of vacant fields, oaks, a pear orchard, and a
vineyard will be replaced by views of a collection of buildings,
streets, signs, and parking lots; night-time views will also be
altered with new views of lights and lighted signs.
. It is very important that particular attention be paid to the
design of future buildings, site layout, color schemes, and
future landscaping. In resolution no. 91-4 the visual impacts of
specific building projects are to be addressed when site
development permits are considered, and design guidelines are
provided and a design master plan is required.
Recommended Mitigation Measures Concerning Wal-Mart Project
1. The building exterior should be designed to provide a more
aesthetic appearance.
2. Perimeter landscaping should use fast-growing species, while
addressing practical concerns, such as water conservation,
efforts to replace non-natives with native species of varying
heights and canopies. Fifteen-gallon specimens should be planted
along the Talmage Road and Highway 101 frontages, to include
valley oak, black oak, madrone, California bay, toyon, redbud,
manzanita, big leaf maple, and coffeeberry. There should be a
10- to 20-foot landscaping buffer adjacent to the top of the
west- and north-facing walls.
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3. Lighting should included shielded, non-glare types of lights
to minimize impacts to nighttime views; sign lighting should be
kept to a minimum. A lighting plan should be reviewed by the
City to insure that project lights do not affect airport
operations. Recommended Mitigation Measures Concerninq AIP
Cumulative Impacts
Resolution 91-4, under Section C, identifies in very general
terms design guidelines to be used when approving site
development permits within the AIP. These include landscaping
and open space, orientation and location of buildings, building
exteriors and signage. That resolution specifies that a "Master
Plan of appropriate plant materials, an integrated system of
colors and building materials, and a program of uniform graphics
for locational and informational signs shall be developed and
approved prior to initial construction." This design master plan
has not been completed. The City should require completion of
the design master plan.
Ail recommended mitigations shall be monitored by the Ukiah
Community Development Department.
Additional Information
Wal-Mart has modified its exterior building design to provide for
exterior pilasters and tile installation to break up the
"box-like" appearance of the building, and provide an exterior
that is more aesthetically pleasing; this design is incorporated
into the site development plan presented for approval.
The Wal-Mart landscaping included in the site development plan
includes a "greenbelt" adjoining the freeway, landscaping at the
west- and north-facing walls, landscaping along the perimeter of
the site, and in the parking area.
SUGGESTED CONDITIONS OF APPROVAL:
1. The building design incorporated in the site development
plan, including pilasters and tiles to break up the box-like
appearance, shall be implemented during construction.
2. The lighting plan, incorporated in the site development
plan, including shielding and non-glare units, shall be
implemented during construction.
3. Exterior building signs shall include "Wal-Mart" and an
identifying sign regarding the auto service area, but shall not
include "we sell for less" or "satisfaction guaranteed".
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4. Landscaping, as identified in the site development plan,
shall be put in place to provide visual "break-up" along the
west- and north-facing walls of the building, to provide a
"greenbelt" along Highway 101, and to provide perimeter and
parking lot landscaping; the landscaping shall include native
species, with the plantings to be as approved by the Ukiah
Community Development Department.
The Ukiah Community Development Department shall monitor the
installation of landscaping and plantings.
The remaining mitigations shall be monitored by the Ukiah
Department of Public Works and/or Building Department.
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WAL-MART PROJECT IMPACTS RE NOISE
DEIR INFORMATION, P. 84-86
Existing (ambient) noise was measured at the intersection of
Talmage Road and Airport Park Boulevard to determine existing
noise levels at the site. Based on these measurements and
projections using traffic data generated in the EIR, future noise
levels in the AIP area were modelled. A description of the
methodology and modelling results is included in Appendix I of
the DEIR. Noise in the area is dominated by that generated by
traffic on Highway 101. Other noise sources include vehicular
traffic on other local streets and periodic noise from aircraft.
The existing noise levels indicate a day/night noise average of
61 decibels. This is an acceptable level for commercial and
industrial development, as indicated in the City's General Plan
and the City's Noise Ordinance. Assessment of airplane noise
requires a detailed analysis generally conducted as part of the
General Plan or preparation of an Airport Master Plan; the noise
analysis did not include a long-term detailed assessment of
aircraft noise.
Potential Impacts of Wal-Mart Project
Based on peak hour traffic projections for the Wal-Mart store,
future noise levels will be 62 dBA, or a 1 dBA increase; this
increase will not be heard by the human ear. Typically a 3 dBA
increase is required to be noticeable. It is noted that there
are no adopted local or State guidelines on acceptable interior
noise levels for commercial and industrial buildings, although
there are regulations for motels, hotels, and residences, which
are not supposed to have interior noise levels exceeding 45 dBA.
The noise environment as generated by traffic is suitable for
retail development without the need for any noise mitigation.
Project construction will generate significant amounts of noise
over a several month period. The only sensitive receptors that
will be affected by this construction noise are the occupants of
residences located north of Talmage Road.
Cumulative Impacts of AIP Buildout
Buildout of AIP will generate a future traffic noise level
estimated at 65 dBA at the measured intersection (Talmage Road
and Airport Park Boulevard) due to increased traffic volume.
Commercial and industrial development are allowed in areas with
65 dBA without the need for noise mitigation. There are few
residences in the area surrounding the AIP site. The main
residential area affected will be residences immediately fronting
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the site north of Talmage Road. Future construction noise will
affect existing businesses located in the AIP and on other
properties west of the AIP.
The city could require noise attenuation construction of
commercial stores on the AIP, to include wood framing with double
paned or thick glass windows. Any motel or hotel constructed on
the AIP will have to comply with the California Noise Insulation
Standards. 'The City should include measurements of airfield
noise and develop policies regarding noise and land use
compatibility adjacent to the airport as part of its General Plan
Revision of the Noise Element to mitigate cumulative traffic
noise.
Recommended Mitiqation Measures Concerninq Wal-Mart Project
No mitigation is necessary concerning traffic noise. There are
no specific guidelines regulating interior noise environments for
commercial or industrial buildings as regards airplane noise, so
no mitigation is required.
To mitigate construction noise for the project area:
1. Construction hours shall be limited to 7:00 A.M. to 5:00
P.M. on weekdays and 8:00 A.M. to 5:00 P.M. on Saturdays. No
construction work shall occur on Sundays or holidays.
2. Construction equipment shall be properly muffled and
maintained.
3. Stationary equipment, such as generators, compressors, and
concrete pumpers, shall be placed to avoid noise impacts on
residential areas to the north of Talmage Road; shielding shall
be used if necessary.
4. The City could consider not extending Orchard Avenue to the
south, but this extension is currently under construction.
SUGGESTED CONDITIONS OF APPROVAL:
1. Construction hours shall be limited to 7:00 A.M. to 7:00
P.M.
2. Construction equipment shall be properly muffled and
maintained.
3. Stationary equipment, such as generators, compressors, and
concrete pumpers, shall be placed to avoid noise impacts on
residential areas to the north of Talmage Road; shielding shall
be used if necessary.
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WAL-MART PROJECT IMPACTS RE PUBLIC SERVICES
DEIR INFORMATION, PP. 87-104
POLICE
Potential Police Department Impacts of Wal-Mart Project
Construction of the Wal-Mart store will slightly increase calls
for assistance; large stores result in shoplifters, bad check
writers, and other petty crimes; the City Police Department does
not believe this will have any major impact on the Department.
The project will generate increased traffic, with increased
chance for accidents requiring emergency response; the Department
has reviewed the site plan and found that it adequately addresses
the issues of adequate access for emergency vehicles and
surveillance. To minimize impacts, the traffic and circulations
recommendations should be implemented, and night lighting should
be sufficient to provide adequate security; lighting plan should
be submitted to Police Department for approval.
Cumulative Police Department Impacts
Building of the AIP will add to the Police Department case load.
The Department reports a gradual increase in crime in the City,
which mirrors the gradual increase in population. The addition
of new businesses and more people can be expected to further
increase the amount of crime with the resulting need to hire
additional police officers. To minimize impacts, recommended
traffic and circulation measures should be implemented and future
plans should be submitted to Police Department to review for
access and lighting. Police Department should monitor number of
calls for assistance and hire additional police officers as
required (not required as part of present project). When there
is development in the southerly portion of AIP south of "X"
street, a southern access should be provided; this could be an
emergency access only.
FIRE
Potential Fire Department Impacts of Wal-Mart Project
The same comments pertain to fire response as are listed above
concerning the Ukiah Police Department; there is potentially a
slight increase in calls for fire, emergency and ambulance
response. The Fire Department does not believe the increase will
be major or that the project will significantly affect the
Department. The Fire Department has reviewed the development
plans for the Wal-Mart store and determined that their
requirements regarding sprinklers, access and construction have
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been adequately addressed in the current development plans; the
provision of automatic sprinklers in the store significantly
decreases the chance of a major fire.
Cumulative Fire Department Impacts
The Fire Department has the same concerns as are listed above
concerning the Police Department. There is adequate fireflow in
the area and buildout of the industrial park will not
significantly affect the Department. New businesses constructed
in the AIP will increase the number of safety inspections the
Department must conduct. New residential development would
significantly affect increases in calls for emergency services;
as population increases Fire Department staffing must increase to
maintain service levels.
SEWAGE TREATMENT AND DISPOSAL
The project site is within the service area of the Ukiah Valley
Sanitation District (UVSD), which is owned and operated by the
City of Ukiah (see DEIR, pp. 92-93 for complete discussion).
Anticipated advanced wastewater treatment and expansion plans
will be completed by March, 1994. The UVSD has the present
capacity to handle the anticipated wastewater from the Wal-Mart
store.
Potential Impacts of the Wal-Mart Project re Sewage
The Wal-Mart store will generate about 7,800 gallons per day of
wastewater, based on the typical standard of commercial
development; the UVSD has ample unused capacity to treat and
dispose of wastewater generated by the project. A major trunk
collector crosses the eastern part of the AIP, which has ample
capacity to transport wastewater generated on the site. The
store will generate an estimated $16,500 in hookup fees payable
to the District. Construction of the Wal-Mart store on a site
that could currently be developed with restaurants, service
stations, and motels reduces the amount of wastewater generated
for that portion of the AIP.
Cumulative Impacts re Sewaqe
The projects being assessed in the EIR include numerous other
developments within the Ukiah Valley; the existing facility has
unused capacity to accommodate all of the additional wastewater
from all projects currently being considered in the District.
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WATER
Domestic water for the site is provided by the City of Ukiah; the
City water system, including its new treatment facility, has a
pumping capacity of about 9 million gallons per day (mgd). The
current peak summer day demand is 5.5-6.0 mgd. There is existing
storage capacity of 2.6 mg with long-range plans to expand this
storage. The City's water rights and permits are secure and
adequate for the needs of its present and future customers at
least through the year 2000. Removal of agriculture on the site
some years back reduced the amount of water consumption on the
site.
Potential Impacts of Wal-Mart Project on Water
The Wal-Mart store will generate a peak summer demand for 30,000
gpd. The city has ample capacity to meet this increased demand,
which is the equivalent of about 0.43% of the current pumping
capacity. There is an existing 12-inch water main i Airport Park
Boulevard; this main is large enough to provide water and
required fireflows to the Wal-Mart store, as well as the buildout
of the remainder of the AIP PD.
Cumulative Impacts on Water
For all of the projects being assessed for cumulative impacts,
the City can meet the peak day demand without adding pumping
capacity.
SCHOOLS
Public education for the project area is provided by the Ukiah
Unified School District. See DEIR pp. 96-99 for complete
discussion.
Potential Impacts of Wal-Mart Project on Schools
Based on State estimates, a community shopping center generates
0.46 new households per 1000 square feet of buildings; on this
basis the project would generate 60 new households in the Ukiah
area. It is likely that the project will in fact generate
considerably fewer new households and, consequently, students; it
is unlikely the store will result in a major in-migration of new
workers. The project will generate a maximum $33,800 i developer
mitigation fees. Given the additional capacity that will be
available once elementary schools are changed to a year-round
schedule, and the fact that the District will have necessary
funds to construct two new schools without relying on developer
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mitigation fees, it appears there will be adequate school
classroom space to house any new students generated by the
project.
The Wal-Mart project will not, therefore, significantly affect
the School District, and no mitigations beyond paying the
developer mitigation fee are required.
Cumulative Impacts on Schools
Considering all of the several planned projects in the area
(including, by and large, housing projects), it is likely that
about 3,200 new households can be expected, which would generate
about 1,549 K-8 students and 619 high school students. If the
two proposed schools are constructed, there would still be a need
for one additional school to house elementary students generated
by these projects. However, these estimates are based on
"forecasting" so far in the future that clear results and impacts
cannot be accurately determined.
SOLID WASTE
Solid waste in the Ukiah area is disposed of in the City's
Municipal Landfill owned and operated by the City of Ukiah. The
City, along with the County of Mendocino, and the cities of
Willits and Fort Bragg, have formed the Mendocino Solid Waste
Authority (MSWA) to determine future options for solid waste
disposal within the county. Preparation of an Integrated Waste
Management Plan will be completed within several months.
Potential Impacts of the Wal-Mart Project on Solid Waste
Wal-Mart will generate considerable amounts of solid waste; there
is currently adequate capacity in the landfill to safely dispose
of this waste; the store-s generation of solid waste will result
in the existing facility being filled to capacity slightly sooner
than would otherwise be the case. To decrease the amount of
solid waste generated by Wal-Mart (and other development in the
AIP), all businesses, including Wal-Mart should be required to
institute recycling programs.
ENERGY USE
The Wall-Mart site, and development in the remainder of the
Airport Industrial Park, will require electric and gas supply.
Electric service is provided by the City of Ukiah, and natural
gas is provided by Pacific Gas and Electric Company. The
underground electrical and gas infrastructure has been installed
from Talmage Road, down Airport Park Boulevard, and is available
to the Wal-Mart site.
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Present State Building Code requirements require that all new
buildings must be designed to confirm to the energy efficiency
standards contained in the Code; these standards establish energy
efficiency levels for the insulation values for the building
envelope, lighting, heating, and ventilation.
Potential Impacts of Wal-Mart Project on Energy
Construction and operation of the Wal-Mart store will require the
ongoing expenditure of energy and non-renewable resources; the
store design will not include the use of solar energy or other
conservation designs or devices, other than those required by the
State Building Code. The City Electrical Department advises that
existing electric facilities are adequate to provide service; and
P. G. & E. advises that there will be gas service available for
the project.
Cumulative Impacts on Energy
See the DEIR, pp. 102-103 for complete discussion. Both the City
Electrical Department and P. G. & E. are confident that there are
adequate electric facilities and gas service to serve the entire
AIP, as well as other developments considered in the EIR. Use of
energy for these purposes will require expenditure of
considerable amounts of energy and the use of nonrenewable
resources. New impervious surfaces on the site will result in
increases in average site temperature, altering the microclimate
of the site and increasing cooling requirements of surrounding
buildings. Future building projects within the AIP should
address efforts to preserve solar access and reduce heating and
cooling costs with building orientation; design approaches are
described in "Planning Solar Neighborhoods", developed by the
California Energy Commission; examples: deciduous tree plantings
to maximize shading of pavement and buildings, and inclusion of
passive and active solar design elements.
SUGGESTED FINDINGS AND CONDITIONS OF APPROVAL:
[Traffic and circulation conditions are addressed in the traffic
and circulation portion of this summary.]
1. Night lighting should be sufficient to provide adequate
security; the lighting plan should be reviewed by the Police
Department.
The condition should be monitored by the Ukiah Police
Department.
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2. The building shall include a sprinkler system as required by
the Fire Department; hydrant construction, building access, and
building construction are subject to the requirements and
approval of the Fire Department.
The condition should be monitored by the Ukiah Fire
Department.
3. Ail development should be required to include water
conservation fixtures, such as low-flush toilets, low-flow
urinals, and flow restrictors on all faucets. Sewage collectors
for the Wal-Mart Store shall be sized and constructed per UVSD
requirements.
The conditions should be monitored by the Ukiah Department
of Public Works.
4. Ail landscaping should focus on using low water demand
species; irrigation should be of a type to conserve water.
(Other water conservation conditions are included in condition 3
above. )
The condition should be monitored by the Ukiah Community
Development Department.
5. A recycling program shall be put in place whereby all
packing materials are recycled. In addition, although not a
condition of approval, glass, aluminum and newspapers should be
collected and recycled, along with clean waste paper and tin.
The condition should be monitored by the Ukiah Public Works
Department.
6. The energy efficiency standards contained in the California
State Building Code, Title 24 of the Code of Regulations, should
be enforced through the building permit process of the City.
The condition should be monitored by the Ukiah Building
Department.
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WAL-MART PROJECT IMPACTS RE ECONOMICS
DEIR INFORMATION, PP.105-121, 139, APPENDIX J
Discussion
Buildout of the AIP PD is projected, to a~:~
these jobs and business opportunities will result in a major
expansion of the Ukiah economy. Development of the AIP will be
the most significant development affecting the Ukiah economy over
the next decade. Economic effects are not considered
environmental impacts.
A discussion of long-term economic impacts cannot be as precise
as the analysis of other impacts, primarily because the economy
is sensitive to influences and variables which cannot be
accurately predicted. This is one of the reasons that CEQA does
not require an analysis of economic impacts in an EIR. Also,
changes and dislocations occurring in the economy are considered
a natural process within a capitalist society. Economic changes
are not defined as "environmental" impacts unless those economic
impacts directly or indirectly result in physical changes in the
environment, which is not the case concerning this project. The
EIR makes no attempt to judge whether or not any economic impacts
identified are significant.
Potential Impacts of Wal-Mart Store
The economic consultant undertook a survey of residents and
businesses within Ukiah, and found that 58% of Ukiah householders
envision a Wal-Mart store as providing lower prices, and even
more (82%) welcome Wal-Mart for its ability to increase the
selection of goods. A separate survey of Ukiah businesses showed
that the business community has a relatively positive opinion of
the possible impact of Wal-Mart.
It was estimated that Wal-Mart would capture approximately
$2.0-4.0 million of sales "leakage" from Ukiah presently going to
other areas. If an equal amount of leakage is assumed for areas
outside the City limits, then leakage capture for the entire
Ukiah market area could reach $4.0-8.0 million per year.
Wal-Mart will have sales approximating $23.5 million per year,
based on the average per square foot sales. Sales to customers
presently shopping outside the Ukiah area could comprise as much
as 18-36% of the Wal-Mart sales. But the majority of the sales
volume will come from capture of some fraction of the normal
growth of retail spending in Ukiah, capture of tourist or
long-distance traveller sales, and capture of existing sales from
Ukiah area businesses. Loss of business by present retailers is
a short-term effect and Wal-Mart's ability to attract other new
businesses will over the long term expand the local economy.
35
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There were questions about whether the Wal-Mart and AIP would
become a "regional shopping center" during the scoping sessions
conducted prior to the reparation of the EIR, attracting shoppers
from a large area to Ukiah. It is noted that Ukiah already is a
shopping focus for a larger area; over 50% of retail sales in the
city are made to people living outside Ukiah (DEIR, p. 118).
Main users of the Wal-Mart store would be shoppers from the Ukiah
Valley and Willits area, but it is possible that shoppers from
the north end of Clear Lake and from Fort Bragg or other coastal
communities would be attracted to a Ukiah Wal-Mart (DEIR, p.
119) .
Concerns have also been expressed that the Wal-Mart store would
further contribute to loss of business to the "downtown core" in
the older section of Ukiah. The Ukiah Downtown Revitalization
Master Plan, developed for the City of Ukiah and the Ukiah
Redevelopment Agency listed as an overall goal "to enhance the
downtown's role as a business, professional, government, and
specialty retail center for the City. There is no present
expressed goal to make downtown a "shopping center".
The Wal-Mart store will increase the property value of the site
by $7.5 million, which ~will increase property tax revenues
received by the City Redevelopment Agency; future expansion of
the store would correspondingly increase property tax revenues.
The City receives 1% of sales tax collected, and for an expected
$23.5 million in annual sales, this would generate $235,000 per
year from sales tax. In addition, the City will receive several
thousand dollars per year in water, sewer and electric charges,
business license fees, etc. City costs for the project will be
minimal; the Wal-Mart store will require very little i terms of
additional public services. All on-site service extensions and
improvements will be financed by Wal-Mart. The City may incur
costs regarding roadway improvements (discussed in Traffic and
Circulation section).
Cumulative Impacts
Based on an expected fifteen-year buildout of the AIP, there will
be a need for an additional 2,898 homes over the next fifteen
years to accommodate the workers filling these new jobs (see
Population and Housing section for further discussion). The City
should insure that adequate land is designated for residential
development when revising its General Plan. Building of the AIP
will occur whether the proposed project is approved or not, and
even if the Wal-Mart site is developed with other uses, the
overall employment and population projections remain relatively
the same.
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No additional mitigations beyond those described in other
sections are recommended concerning cumulative impacts. The City
should address long-term impacts resulting from AIP buildout
during its General Plan revision.
Suggested Mitigations to Minimize Impact of Wal-Mart on Local
Business
1. Form a task force to mobilize the business community to
adapt to the new merchandising environment.
2. Develop strategies to modify business practices both before
and after the opening of the Wal-Mart store, including but not
limited to: a) Emphasize personal relationships with customers;
b) Conduct cooperative market research to identify and quantify
customer's unmet needs, including the use of consumer surveys,
panels and focus groups; c) Develop customer lists to keep in
touch with high frequency buyers and record individual buyers'
special needs; d) Expand merchandise lines to include high end
merchandise not stocked by Wal-Mart; e) Offer repair and other
services not offered by Wal-Mart; f) Change business hours to
meet customers/ needs; g) Increase print media, TV and radio
advertising; h) Provide staff training and re-training to improve
standards of courtesy and service; i) Conduct cooperative
purchasing to obtain quantity discounts; j) Organize special
"weeks" and "days" to showcase local businesses.
3. Specific measures that could reinvigorate economic
development of the downtown area include 1) develop senior
citizen housing near the downtown; 2 ) encourage light
manufacturing and professional offices in vacant and obsolescent
sites; 3) reorganize the retail component to concentrate on
specialized niche markets; and 4) encourage small businesses
reliant on the Fax/modem technologies.
4. Local retailers should broaden or change the mix of products
for sale so as not to compete directly with Wal-Mart. Consumer
need not satisfied by a Wal-Mart include furniture, sporting
goods, toys, educational and recreational materials.
5. Other suggested mitigations are contained in other sections
of the EIR.
None of the above mitigations are concerned with or related to
environmental impacts, and none of them relate to the Wal-Mart
project.
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WAL-MART PROJECT IMPACTS RE POPULATION AND HOUSING
DEIR INFORMATION, PP. 122-124, 141-142
Discussion
5?he 1990 City of Ukiah population was ~L~>ut 14,800 people, up
from 12,035 in 1980; this equates to a 2% growth per year over
that decade. The County as a whole has grown from 66,738 people
in 1980 to 79,700 people in 1990, or a 1.8% growth per year. The
current estimated population of Ukiah is 15,027 people; there are
an estimated 5666 residences. Ukiah is experiencing, and is
likely to experience in the future, a migration from urban to
rural areas; cities such as Ukiah will appear increasingly
attractive, particularly to those whose roots are in rural
America. Relatively cheap land and home prices in the Ukiah area
are likely to attract people working in the Santa Rosa area.
Potential Impacts
The Wal-Mart store will result in a short-term net loss of about
59 jobs in Ukiah. As a result, construction of the store, over
at least the first 5 years of operation, should not result in any
measurable increase in Ukiah's population or a corresponding need
for additional housing.
Cumulative Impacts
Based on an expected 15-year building period, buildout of the AIP
will result in 4,155 new jobs, but buildout will possibly
displace 495 existing retailing jobs in the downtown and other
locations during that period, so the total new jobs created will
be 3,660. Based on the current Ukiah average of 1.27 workers per
household, there will be a need for an additional 2,898 homes
over the next 15 years to accommodate the workers filling these
new jobs.
The currently proposed residential projects assessed in the EIR
for cumulative impacts will generate about 1,300 to 1,500 new
homes. At least an additional 1,400 homes will be required to
house workers generated by the AIP buildout. However, the
currently proposed projects should provide the required housing
for a number of years.
Overall, buildout will generate an additional 7,810 people, which
represents a 31% increase in Ukiah Valley population of about
25,000 people over fifteen years, or about a 2% annual increase
from 1992 to 2006.
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38
The City should assure that adequate land is designated for
residential development when revising its General Plan;
otherwise, residential development is likely to occur in
unincorporated portions of the Ukiah Valley, and it would be
better planning to include urban levels of residential
development within the City's jurisdiction.
It should be noted that this buildout will occur whether the
proposed Wal-Mart project is approved or not. While the Wal-Mart
site might be developed with other uses, the overall employment
and population projections will remain relatively the same. The
long-term impacts on public services, streets, recreation, etc.
resulting from buildout of the AIP should be addressed in the
General Plan Revision. It is noted that the EIR is not
specifically directed to assess the impacts from AIP buildout,
except as part of 'the cumulative impact analysis, since the AIP
is an already approved Planned Development.
Mitiqation Measures
No additional mitigations beyond those described in other
sections of the EIR are recommended. The long-term impacts
resulting from AIP buildout should be addressed by the City
during its General Plan revision.
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39
WAL-MART PROJECT IMPACTS RE LAND USE - GENERAL PLAN
DEIR INFORMATION, PP. 125-131
AGRICULTURE
The entire AIP area was farmed until the late 1970s, but except
for a small pear orchard and a small vineyard in the southerly
portion of the AIP, vineyards and orchards were removed during
the 1970s and early 1980s. Construction of the Wal-Mart store
will not displace any agricultural operations, and construction
of the remainder of the AIP will not result in displacement of
existing agricultural operations, except for the small vineyard
and orchard. The hydrology section of the EIR includes an
assessment of impacts to drainage.
Other than drainage impacts that are discussed in the hydrology
section, development of the Wal-Mart site, or the remainder of
the AIP, will not result in any significant impacts on off-site
agricultural operations, except for the possible long-term
growth-inducing impacts. The site contains agricultural soils,
but the City's past approval of the AIP PD indicates a
determination that commercial and industrial uses on this
particular site were more valuable than continued agricultural
uses.
CONCLUSION: No mitigation measures are necessary for the
Wal-Mart project concerning agricultural issues.
GENERAL PLAN CONSISTENCY AND COMMUNITY IMPACTS
The goals and policies of the existing, adopted General Plan tend
to be relatively general in nature and provide little specific
guidance regarding development within the City. The project is
consistent with the General Plan land use designation for the
site, and this designation was applied to determine consistency
with other Plan goals and policies.
Previous approvals of shopping centers along Highway 101 have
already effectively diminished the chance for the "downtown core"
of businesses being the town's business center.
Development of commercial uses, as well as industrial land uses,
in the AIP will result in new business and employment
opportunities for local residents. Increased business and
employment opportunities will draw new residents to the area,
reinforcing a general pattern of growth in the Ukiah Valley area;
addition of new people to the area will generate the need for new
housing and increase the demand for public services. In general,
the Ukiah Valley will grow and become a busier, more urban area.
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40
To minimize potential inconsistencies with General Plan goals and
policies, the recommendations set forth in the Visual Quality
Section should be implemented; no additional mitigations beyond
those described in other sections are suggested.
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41
WAL-MART PROJECT IMPACTS RE LAND USE - AIRPORT
DEIR INFORMATION, PP. 18, 21, 125-131; P & D AVIATION REPORT
DATED JULY 1, 1992, SUBMITTED WITH STAFF REPORT
Discussion
The Wal-Mart site is east of the runway of the Ukiah Municipal
Airport. The State Department of Transportation, Division of
Aeronautics (CalTrans), in a letter dated September 9, 1991,
indicated that the site was "within an area where departing and
landing aircraft are performing critical maneuvers at low
altitudes", so that the EIR discussion concluded that
"construction of the store at the proposed location would result
in placing a large number of people in a hazardous situation", in
that if a plane were to crash into the store it could result in a
large number of casualties. In an additional letter dated
February 19, 1992, CalTrans stated that two alternative site
locations should be considered instead of the present Wal-Mart
site, those being the Montgomery Ward shopping center, and an
area in AIP south of Commerce Drive. Letters from Rudolph Light
concurred with the CalTrans evaluation.
Because of this information, the EIR concluded that "the Wal-Mart
store will be located in an area that the State Division of
Aeronautics has defined as a hazardous zone; if the project were
approved, large numbers of people will be placed in a position of
hazard. The EIR concluded that this was a significant adverse
environmental impact that could not be mitigated, stating (at
DEIR page 140) that "the one identified significant impact
[concerning the Wal-Mart Store] is the construction of the store
within a critical portion of the flight pattern for the Ukiah
Municipal Airport . . ." and stating that, if the City decided to
approve the project despite this impact, the City "will be
required to issue a Statement of Overriding Considerations" that
explains why the Wal-Mart Store is being approved despite this
unavoidable adverse significant impact.
Letters from pilots actually using the airport included in the
FEIR indicate that the site is not an area in which overflights
occur. (All of the letters above referred to are included in the
FEIR, at pages 15, 102, 129, 132, 133, and 136.)
A report prepared at the request of Wal-Mart by P & D Aviation
was presented to City Staff on or about July 1, 1992, which is a
detailed study of airport use and flight patterns, and identifies
the actual traffic pattern of planes using the airport. This
study conclusively demonstrates that the present Wal-Mart site is
not within the flight pattern of planes landing at and departing
from the Ukiah Municipal Airport. CalTrans was asked to review
the report and their position previously taken, and it has
42
S:\U\DOCS\WALMART.SUM
provided a recent response dated July 29, 1992 that reflects
reconsideration of their position; it has been determined by
CalTrans that there are no significant noise or safety concerns
regarding the Wal-Mart site and its proximity to the Ukiah
Municipal Airport. Its response concludes: "The Department no
longer objects to the Wal-Mart development as presented."
There is currently no Airport Master P!&n or Airport Land Use
Plan for the Ukiah Municipal Airport. (See separate Findings
Pursuant to Public Utilities Code Section 21670, incorporated
herein by reference.) Under the existing City Ordinance recently
adopted, which conforms to FAA regulations, building elevations
will be limited to heights at the Wal-Mart site not to exceed 50
feet; the Wal-Mart store is well within that height. Areas of
the AIP adjacent to the railroad tracks are limited to a lesser
building height of 30-40 feet. The entire area of the AIP PD is
outside of the clear zone of the airport's runway, and the P & D
Aviation report reflects that it is not within the airport
traffic pattern (or the "buffer zone", an area in which
overflights might occur, west of the airport).
Potential Impacts of the Wal-Mart Project on the Airport
Because of the information received after preparation of the EIR,
the potential impacts identified have been modified (corrected)
to those involving building height limitations. The discussion
regarding location of the project site within the traffic pattern
zone is no longer supported by the evidence, and the potential
impacts are modified or eliminated.
SUGGESTED CONDITION OF APPROVAL:
1. The building height of improvements on the Wal-Mart site
shall be confined to a height less than fifty feet.
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43
WAL-MART PROJECT - PROJECT ALTERNATIVES
DEIR INFORMATION, PP. 143-148
Discussion
CEQA requires that an EIR assess a "no project" alternative, as
well as a reasonable range of alternatives to the project or to
the location of the project, concentrating on alternatives which
eliminate or reduce the significant adverse impacts identified
for the project as proposed. The EIR assesses five alternatives,
which include 1) no project; 2) alternatives sites; 3) an
alternative site for the Wal-Mart on the AIP PD property; 4)
reduced store size for Wal-Mart; and 5) alternative land use mix
for the AIP PD. Alternatives 1) and 5) apply to the AIP PD
amendment; alternatives 1) through 4) apply to the proposed
Wal-Mart project.
No Project
If the proposed amendment to the AIP PD is denied, the Wal-Mart
store site development permit could not be approved. From a more
general perspective, if Wal-Mart did not build a store on the
site, the site would remain a vacant field for the present.
However, the site would remain available for future development
for a motel, restaurant, and/or service station under the present
highway-oriented commercial use designation. Fifteen acres of
highway commercial development would have similar impacts to
those for the Wal-Mart store (DEIR, p. 147). The major
difference would be that estimated traffic would be reduced from
9,260 daily trips to 6,700 daily trips.
In other sections, the EIR has compared the different level of
impacts that would occur from buildout of the AIP under the
existing permitted principal uses (commercial retail is a
conditional use now) and under the proposed amendment to the
planned development to allow commercial retail uses on the
Wal-Mart site. Differences in impact are minor or insignificant,
except possibly regarding economic impacts. The park cannot be
relocated or reduced in size, or have existing allowed uses
changed.
Alternative Locations
Six possible alternative locations for a Wal-Mart store were
identified. Five of the sites were eliminated because of size,
location, or inability to significantly diminish significant
impacts. The sites considered and eliminated are:
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44
1) A 0.5 acre site at the southeast corner of Perkins and
South State Street (the site of the old Rexall Drug Store); the
site is far too small for a project like the Wal-Mart store;
2) A site of ~bout 4 acres located at the south end of
Porzio Lane; this cite has a narrow, unsafe access, no secondary
access, and it is too small;
3) An ll-acre site across Ford Road from the Raley's
Store; this site is large enough for a scaled-down retail store;
however, traffic from this site would use North State Street and
Highway 101 in an area where intersections are already
overcrowded during the afternoon peak hour; congestion is
expected to become worse if the Lovers Lane project to the north
is approved by the County;
4) A 6-acre site immediately north of Mervyn's between
Orchard Street and Highway 101; the site is too small; traffic
would affect already congested streets due to the proximity to
Mervyn's Penney's, and the adjacent shopping center;
5) An approximate 10-acre site that is the old train yard
between the railroad and Leslie Street, south of Perkins Street;
the site is not large enough and oddly shaped; traffic would use
Perkins, which is already severely congested during the afternoon
peak hour.
Environmental concerns exist for all of the suggested alternative
sites which are similar to those expressed concerning the
proposed project site, and the site would still be available for
"highway oriented" commercial activities if the project was
relocated (DEIR, p. 147).
The remaining alternative site considered, in addition to the
five listed and rejected as above, is a 15-acre site on South
State Street between Jefferson Street and Fircrest Drive. This
site contains a Montgomery Ward distribution outlet, a Thrifty's
Store, the Bi-Lo Market, and vacant retail space. The site is
large enough for the Wal-Mart store, plus it has other positive
attributes described below. The EIR determined that this site
was the most feasible alternative site, and it is assessed in the
EIR as the "alternative location" for the Wal-Mart store. To
develop a Wal-mart store on this location, existing businesses
would have to be removed (and possibly relocated). Existing
stores would be demolished, and a new Wal-Mart constructed on the
site. Further analysis is contained in the DEIR, pp. 144-148.
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45
Additional Information Compiled by Planninq Staff re Alternate
Site
The present businesses located on the Montgomery Ward site
do not intend to abandon or relocate their present business
operations. Montgomery Ward has occupied the site since 1967,
when it entered into a 60-year lease with options to renew for
additional terms; the contact person at Montgomery Ward indicated
it has no intention or desire to vacate, and intend to continue
the present business operation. The Bi-Low Market has a lease
through the year 2002, and intends to continue the grocery
business at the site. Thrifty Drug is maintaining its location
in the shopping center, although the facility located in another
shopping center will cease being a Thrifty and will have another
identity; the preset Thrifty lease extends to 1999. The only
vacant portion of the property at the southwest corner is not
sufficient to accommodate any large retail enterprise.
Access to the Montgomery Ward site from the freeway would be
by way of Talmage Road to South State Street or by the Boonville
Road freeway exit to South state Street. All of the recommended
improvements to Talmage Road would still be necessary. South
State Street is a two-lane roadway from Beacon Lane to the
freeway on-ramp at Boonville Road. Extreme traffic congestion on
South State Street would result if this site were used for the
Wal-Mart store, even if the property use could be obtained, and
the impacts concerning Talmage Road traffic would be largely
identical. As identified in the P & D Aviation report, the site
is also within the "buffer zone" (the area in which overflights
might occur) of the Ukiah Municipal Airport, and therefore a less
desireable site for the development than the proposed site within
the AIP.
The EIR stated that the property owner of the Montgomery
Ward center would be willing to sell it. However, the owner
would only have the ability to sell the property subject to the
existing leasehold interests, and none of those lessees indicate
any willingness to give up their leases. Wal-Mart has no eminent
domain powers which would allow a taking concerning those
leasehold interests. The continuing uses of the property, and
the potential time involved before the site would be available,
leaving all other considerations aside, make the site unfeasible
as an alternative site. In addition, it appears many of the same
environmental concerns exist concerning traffic and other issues,
which may not be mitigatable.
A further reason why the Montgomery Ward site is not
feasible is the fact that it lies outside the Ukiah City Limits,
and outside the jurisdiction of the city; County approvals would
be necessary concerning the site which the city could not
S:\U\DOCS\WALMART.SUM
46
control. Street improvements which will be made as conditions of
the project as proposed on the present site would not occur, and
the City would likely have to bear the cost of these to
accommodate the traffic generated. In addition, the revenues
from the project would flow to the County, and not to the City,
if this alternative site were used.
Alternate Site Within the AIP
As an additional alternative the EIR discusses moving the
Wal-Mart store to a location south of Commerce Drive in the AIP.
The principal reason for this suggestion in the EIR was to move
the store from a location within the flight pattern zone of the
airport. As more fully discussed in the Airport section of this
analysis, it has been determined that the store is not within the
flight pattern zone of the airport. As stated in the EIR, all
other identified environmental impacts would remain essentially
the same, and thus moving the project to a more southerly site
would have no advantage and would not be environmentally
superior.
Alternate "Land Use Mix" Within AIP PD
The EIR contains a discussion regarding redesignating the
Wal-Mart site, along with the rest of the AIP north of Commerce
Drive, for office, industrial, and light commercial uses. This
is not an alternative available for the responsible agency, here
the City Council. There is already an approved Planned
Development for the AIP which specifies that this area is to be
utilized for "commercial" uses, with the principal approved use
to be "highway oriented commercial" and a conditional use to
include retail stores. There is no ability for the City Council
to convert this site to industrial zoning, or any other use not
already allowed and adopted. Commercial uses in the portion of
the AIP south of Commerce Drive remains conditional. The record
contains no reliable evidence that the Wal-Mart store will cause
the balance of the AIP to shift from an emphasis on light
industrial uses to general retail commercial uses.
The EIR also suggests that a portion of the AIP should be
utilized for residential uses; this notion appears to be totally
unacceptable and not environmentally sound because of the
proximity to the Ukiah Municipal Airport, both for potential
safety reasons and for unacceptable noise levels due to airport
noise and traffic noise.
Conclusion
It appears that no other site within the Ukiah City Limits is
available or environmentally superior to the project site for the
Wal-Mart store. It is likewise clear that for many reasons the
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47
Montgomery Ward site is not a feasible alternative site for the
Wal-Mart store, among them the following: the site is not now
available to the applicant, and will not be available for any
other development until a period exceeding the year 2027, due to
existing leasehold interests of tenants on the property;
approving the Wal-Mart store on the site would create similar and
probably greater traffic congestion problems; and the site is
outside the Ukiah City Limits and outside the jurisdiction of the
City of Ukiah.
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48
EXHIBIT "B"
CONDITIONS OF APPROVAL
WAL-MART STORE SITE DEVELOPMENT PERMIT NO. 90-87
TRAFFIC
TRAFFIC
TRAFFIC
TRAFFIC
The applicants shall design and install an eight phase traffic signal at
the intersection of Talmage Road and Airport Park Boulevard prior to the
opening of the Wal-Mart Store. This signal shall be sized, constructed,
and phased to accommodate through traffic and left turn movements. The
City of Ukiah shall contribute 50% of the total cost of this improvement,
and the applicant(s) shall contribute 50%, consistent with a previously
negotiated agreement related to the Redwood Business Park Subdivision.
2.a. The applicants shall design and widen Talmage Road on the north side,
between the existing southbound off-ramp and the railroad tracks, to 64
feet to accommodate an additional westbound through lane. This widening
project shall also include curbs, gutters, sidewalks, a two-inch (2") AC
overlay over the existing pavement, and a 220-foot-long left turn pocket
at Talmage Road's intersection with Airport Park Boulevard. The City of
Ukiah shall contribute 50% of the total cost of this improvement, and the
applicant(s) shall contribute 50%, and the entire project shall be
completed prior to the Wal-Mart Store opening. To the maximum extent
possible the mature oak trees on Talmage Road shall be preserved.
2.b. Wal-Mart shall be responsible for coordinating with CalTrans and
constructing an additional access approach to Talmage Road on the existing
Highway 101 south to Talmage Road east exit ramp. Such approach shall
form a "T" intersection with Talmage Road on its southern border; shall be
stop sign controlled; and shall allow left turn movements to westbound
Talmage Road. Wal-Mart may construct an alternate design that
accomplishes the same purpose, if approved by 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, Wal-Mart shall submit plans
to CalTrans in acceptable form. Wal-Mart 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 Ukiah City Code Section
9543.
,
The western portion of Commerce Drive in the vicinity of the railroad
tracks, the segment of Airport Road between its intersection with Commerce
Drive and Hastings Avenue, and the entire length of Hastings Avenue
between the railroad tracks and South State Street shall be reconstructed,
widened to 34 feet, and repaved by the applicants. Stop signs shall be
installed at the Commerce Drive/Airport Road intersection. Given that
this road linkage is a public street currently in need of maintenance, the
City of Ukiah shall contribute 15% of the total cost of the improvements.
The remaining 85% of the cost shall be contributed by the applicant(s)
since its primary function will become secondary access for the industrial
park. This improvement project shall be completed prior to Wal-Mart
opening.
TI~FFIC
TRAFFIC
TRAFFIC
VISUAL
VISUAL
VISUAL
4. Automatic warning lights and crossing gates shall be designed and
installed by the applicants at the Commerce Drive railroad crossing as
soon as practicable after the Wal-Mart opening, and the appropriate
applications to Caltrans and the Public Utilities Commission shall be
submitted to the City of Ukiah for processing prior to issuing the
Wal-Mart Building Permit. Notwithstanding probable Federal Government
funding for up to 90% of this improvement, the applicants shall be
financially responsible for any and all costs not funded by grants, and
the improvement shall be installed as soon after a grant is approved or
denied by the PUC or period not to exceed 18 months after the opening of
the Wal-Mart Store, or at such time as all required permits and approvals
are issued, whichever occurs last. The applicants shall enter agreements
with the City to implement this condition prior to adoption of the
ordinance No. 929.
5. The improvements required by paragraphs 1 through 4 above shall be
designed and constructed in accordance with the City's standards and the
requirements of the City Engineer which may include, but shall not be
limited to, sufficient bonds and insurance, procurement of all required
permits, including encroachment permits for work within the public right
of way, and compliance with any applicable laws. Upon computing the cost
of improvements for items 1 - ~ above, the City Engineer may allocate the
parties' respective obligations among the projects in any way he deems
necessary to promote cost-effective construction of the improvements,
provided the total dollar cost to each party does not change.
6. The revised Site Plan submitted to the City of Ukiah on 2/19/92 shall
constitute the official and final development proposal, and all
improvements to Airport Park Boulevard (north of Commerce Drive and south
of Lot A-l-a) and the site's internal circulation system shall be
implemented.
7. The Ukiah Redevelopment Agency shall be requested to authorize its
Architect to review and approve the exterior design of the Wal-Mart
building. The intent of this process is to create a more aesthetic
appearance to the structure than that proposed with this Site Develoment
Permit application. The Architect's approved design shall include:
architectural relief to the walls and facade (to diminish the sterile,
box-like appearance), roof detail to provide a more varied elevation,
determination of building materials and colors compatible with the
palettes proposed for the Industrial Park, and modification to the precise
linear exterior building foot print to create changes in the wall
surfaces. The structure's building permit application shall reflect this
revised design.
8.a. The revised Landscape Plan submitted to the City of Ukiah on 2/19/92 shall
constitute the final plan to be implemented. This plan places landscape
berms along the street frontage of Airport Park Blvd., places trees,
shrubs, and groundcover around the entire site perimeter, places
landscaping along and adjacent to the structure's north- and westfacing
walls, and places numerous large evergreen trees along the eastfacing
boundary adjacent to Highway 101, among other landscape refinements.
8.b. The shade trees provided in the parking lot shall be of sufficient size in
trunk diameter, height, and canopy diameter to provide substantial shading
VISUAL 9.
VISUAL 10.
AIRPORT
AIRPORT 1 1.
GEOLOGY 12.
HYDROLOGY / 13.
DRAINAGE
HYDROLOGY / 14.
DRAINAGE
AIR QUALITY 15.
SHORT TERM
AIR QUALITY 16.
SHORT TERM
AIR QUALITY 17.
SHORT TERM
AIR QUALITY 18.
SHORT TERM
AIR QUALITY 19.
TRAFFIC
AIR QUALITY 20.
TRAFFIC
of the parking area at the time the store opens to public use. Wal-Mart
shall plant one shade tree per four (4) parking spaces, using fifteen (15)
gallon trees as the minimum size. Planter islands within which the trees
are placed shall be designed to protect the trees from being damaged by
vehicles using the parking lot.
Signs attached to the building which advertise the store, other than the
name "Wal-Mart" at the westfacing entryway and "Auto Center," shall not be
permitted and shall not be affixed to the store's exterior wall surfaces
or building facade (e.g., "Satisfaction Guaranteed" and "We Sell For
Less") .
A lighting plan shall be developed and submitted to the City of Ukiah
which includes shielded, non-glare types of lights ~nd minimal sign SAFETY
lighting in order not to affect night views and airport operations. The
lighting plan shall take landscaping into consideration.
Building height shall not exceed either the FAA's 7:1 plane guidelines or
the AIP PD's limit of 50 feet, ~whichever is less.
Ail grading shall be performed in accordance with the Uniform Building
Code Chapter 70.
The applicant should implement an on-site erosion control program, which
shall consist of placing staked straw bales at inlet locations to contain
sedimentation on-site.
The applicant(s) shall install dissipation structures at adjacent freeway
ditch storm drain and conduit outlets (e.g., concrete outfall aprons, or
riprap revetments) to prevent channel bank and bed scour.
The applicant(s) shall have the site sprinkled with water twice a day
during grading and construction, or as wind conditions warrant, to avoid
dust impacts to passersby and nearby residents.
The applicant(s) shall have all stockpiles of wind blown material (sand,
topsoil, etc.) covered when not being used.
Trucks hauling debris, soil, sand, or other wind blown materials shall be
covered.
The applicant(s) shall replant and repave site surfaces as soon as
possible.
The applicant and the City shall submit a formal request to the Mendocino
Transit Authority (MTA), no later than thirty (30) days after the City
Council approval of the Site Development Permit, which recommends that MTA
extend public transit to the site. The response to this formal request
and/or a status report on the progress of the extended public transit line
shall be forwarded to the City Council no later than ninety (90) days
after approval of the Site Development Permit.
Bike lanes shall be extended to the site from the Hastings Road/State
Street intersection, subject to feasibility as shall be determined by the
City Engineer; following completion of widening and improvement of Talmage
AIR QUALITY 21.
TRAFFIC
TRAFFIC 22.
VISUAL 23.
QUALITY
NOISE 24.
SHORT TERM
NOISE 25.
SHORT TERM
NOISE 26.
SHORT TERM
PUBLIC SVS. 27.
SOLID WASTE
ARCHAEOLOGY 28.
TRAFFIC 29.
Road westerly from the site to State Street, bike lanes shall be provided
along Talmage Road. Sidewalks shall be put in place along the northerly
side of Hastings Road-Airport Road access to Commerce Boulevard to provide
pedestrian access in conjunction with roadway improvements. Where
possible, and roadway and rights of way permit, trees should be planted
along sidewalks by the applicant to provide a shaded walkway; the placing
of such trees along Hastings Avenue by the applicant shall not interfere
with airport operations.
Wal-Mart shall develop a carpooling program for its employees, and shall
offer meaningful incentives to those who carpool. Further, Wal-Mart shall
monitor the progress and success of its carpooling program on a
semi-annual basis, and make any appropriate adjustments to enhance its
success. After the program is established, Wal-Mart shall file a written
report with the Director of Community Development describing the program.
The City of Ukiah shall accelerate the schedule for redstriping relevant
portions of South State Street,.just north and south of Talmage Road, and
providing a left turn pocket on southbound South State Street at Talmage
Road.
Wal-Mart Stores, Inc. shall design its perimeter landscaping to use fast
growing native plant species (e.g., redwood, valley oak, black oak,
madrone, California bay, toyon, redbud, manzanita, big leaf maple, and
coffeeberry), to the approval of the Director of Community Development.
Construction shall be limited to the hours of 7:00 am to 5:00 p.m.
Construction equipment shall be properly muffled and maintained.
Stationary equipment like generators, compressors, and concrete pumpers
shall be placed or shielded so as to avoid excessive noise to nearby
residents.
Wal-Mart shall institute a recycling program. Ail packing
materials shall be recycled, and containers shall be placed on-site for
the collection of recyclable glass, aluminum, and newspaper produced
on-site. This condition shall not obligate or prevent Wal-Mart from
accepting recyclables brought to the site by customers or others.
Wal-Mart shall keep the Director of Community Development informed of the
development of the "Green Store" program and shall consider Ukiah as a
possible pilot store for the program if it is adopted.
If archaeological or historic resources are uncovered during site grading
and preparation, work should be halted in the area of the find until the
remains can be assessed by a professional archaeologist.
If warranted by traffic monitoring studies in the opinion of the City
Engineer, the City shall install traffic diversion measures on Lorraine
and Marlene Streets, as designed and recommended by the City Engineer.
His recommended changes on Talmage Frontage Road at Betty Street shall be
constructed with the widening of Talmage Road. After a period of twelve
(12) months following the installation of the traffic diversion measures,
PUBLIC SVS. 30.
PUBLIC SVS. 31.
PUBLIC SVS. 32.
PUBLIC SVS. 33.
AIR QUALITY 34.
ECONOMICS 35.
the City Engineer shall review the traffic loads on the residential
neighborhood north of Wal-Mart to determine whether these measures have
effectively preserved the quiet residential character of the neighborhood
without imposing an undue burden on neighborhood residents.
If the City Engineer determines that these measures are not a practical
solution to the traffic impacts on the neighborhood, the City Engineer
shall, pursuant to Ukiah City Code Section 9543, prepare for City Council
consideration a resolution establishing an off-site capital improvement
fee for the AIP to: fund the costs of improving Waugh Lane to act as a
collector street to relieve the neighborhood from additional traffic
impacts; and/or fund the costs of providing curbs, gutters, and sidewalks
on Betty and Lorraine Streets for safety purposes.
The Wal-Mart site shall be included within the area~subject to the fee,
and approval of Wal-Mart's site development permit shall be conditioned
upon its signing an agreement to pay its proportionate share of the cost
of these improvements as determined in said resolution.
The building shall include a sprinkler system as required by the Fire
Department; hydrant construction, building access, and building
construction are subject to the requirements and approval of the Fire
Department.
The conditions should be monitored by the Ukiah Fire Department.
Ail development should be required to include water conservation fixtures,
such as low-flush toilets, low-flow urinals, and flow restricters on all
faucets. Sewage collectors for the Wal-Mart Store shall be sized and
constructed per Ukiah Valley Sanitation District requirements.
The conditions should be monitored by the Ukiah Department of Public
Works.
Ail landscaping should focus on using low water demand species; automated
irrigation should be of a type to conserve water. (Other water
conservation conditions are included in Condition 31 above.)
The energy efficiency standards contained in the California State Building
Code, Title 24 of the Code of Regulations, should be enforced through the
building permit process of the City.
The City Council shall utilize the best information available and the
most accurate and reliable modeling techniques feasible for assessing air
quality impacts, including specifically ozone formation within the Ukiah
Valley as part of its environmental assessment of the pending growth
management plan and General Plan revisions. The City Council shall devise
transportation, land use, and growth management policies that consider the
impact of future projects, including, but not limited to, projects in the
Redwood Business Park and Airport Industrial Park, on the existing air
quality in the Ukiah Valley. These policies shall be designed to
substantially mitigate the impact of stationary and mobile sources of CO,
SOx, NOx, PM10, and TOG on air quality in the Ukiah Valley.
Wal-Mart shall conduct at least two (2) seminars for local businesses
AIR QUALITY 36.
describing its business practices, marketing techniques, and other matters
of interest.
Wal-Mart shall participate in exploring the feasibility of operating a
jitney or shuttle service from the downtown area, and other established
retail shopping areas, to Wal-Mart. The specific costs, and details of
operation, contribution, and feasibility shall be evaluated by Wal-Mart,
MTA, the City, and other merchants.
R:BS6
Conditionsl