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HomeMy WebLinkAbout96-12RESOLUTION NO. 96-12 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 THE MENDOCINO BREWING COMPANY SITE DEVELOPMENT PERMIT NO. 95-19 SUBMITTED BY THE MENDOCINO BREWING COMPANY WHEREAS: 1. The City of Ukiah, as Lead Agency, has prepared an Environmental Impact Report ("EIR"), consisting of a Draft Environmental Impact Report, dated March, 1995 ("DEIR"), and a Final Environmental Impact Report, dated July, 1995 ("FEIR"), for the buildout of the Airport Business Park and proposed Mendocino Brewing Company Site Development Project; and 2. The EIR has identified significant environmental impacts of the projects; and 3. The City Council has discussed the EIR, its conclusions and findings, and the recommended mitigation measures; and 4. The City Council has certified the EIR; and 5. The City Council may choose to approve the Mendocino Brewing Company Site Development Permit project; and 6. Public Resources Code Section 21081 and CEQA Guidelines Section 15091 provide that the City shall not approve or cam/out 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. The EIR was considered by both the Planning Commission and City Council at noticed public hearings on August 9, 1995 and August 16, 1995, 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 August 4, 1995, the recommendation of the Planning Commission, and the Staff Report, dated August 11, 1995. The Staff Reports are incorporated herein by reference. It has also independently reviewed and considered this resolution. 4. The project is described in the EIR, including the Airport Business Park DEIR at pages 7, 8 and 9. This description is incorporated herein by reference. As a result of this project, the Mendocino Brewing Company will be entitled to construct a 57,357 square foot beer brewing, bottling and packaging facility and associated improvements on an 8 acre parcel within the Airport Business Park. 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 buildout and completion of the Airport Industrial Park both as presently approved and with possible future amendments to the Planned Development Ordinance. Those impacts, both individual and cumulative, along with recommended mitigation measures and suggested conditions of approval, are summarized in this resolution. 6. Measures designed to avoid or substantially lessen the significant environmental effects of the Mendocino Brewing Company (MBC) project identified in the EIR are set forth in the Conditions of Approval for the MBC Site Development Permit Application No. 95-19. 7. Geology. The EIR geotechnical consultants determined that there were no significant geotechnical constraints on the site. Site soils may be subject to expansion and/or some settlement. It will be necessary to upgrade soils or construct proper foundations to ensure the future buildings are not damaged by settlement. All necessary fill materials and activities must be properly engineered to ensure the long-term integrity of future improvements. Site grading and trenching will result in bared soils. The surface soils and poorly consolidated terrace soils will be prone to erosion. This is a potentially significant impact since eroded soils can adversely affect water quality and the aquatic habitat. Geology Mitigations: The EIR recommends that The Mendocino Brewing Company project be required to have a complete geotechnical investigation, and the applicants secure a General Construction Activity Permit from the Regional Water Quality Control Board. Geology Finding: The mitigation measures are reasonable and feasible, and the City finds that their implementation will avoid or reduce to acceptable levels the geological impacts resulting from the project. These measures will become conditions of project approval and will be monitored dudng the grading and building permit process as well as during the construction phases of the project. 8. Hydrology and Drainage. Much of the project site is below the 100-year flood elevation. It will be necessary to import fill or build with elevated foundations in order to elevate buildings above the flood elevation. The required filling can be accomplished without affecting soil stability or drainage; in itself, the necessity for filling or building on elevated foundations is not a significant impact. Surface water runoff from the proposed project, like all commercial and industrial development, will generate minor concentrations of a number of pollutants, including oil, grease, nutrients from fertilizers, and heavy metals from roadway pavements. Because buildings must be constructed so that their floors are at least one foot above the 100-year flood elevation, it will be necessary to fill lower portions of the property; the Redwood Business Park already has a City-approved drainage plan that includes filling of areas below flood elevations. Filling has already occurred in the northern portion of the site. After fill is placed on Iow- lying portions of the property, flooding will be restricted to drainages ditches and infrastructure. Hydrology/Drainage Mitigations: The project will not result in significant drainage related impacts. However, mitigations measures are recommended to resolve the minor drainage issues discussed above. These measures include, requiring all buildings to be elevated above the 100-year flood elevation; requiring developers to prepare Storm Water Pollution Prevention Plans and obtain General Construction Activity Permits from the Regional Water Quality Control Board; and to share in the funding and construction of ditch stabilization measures on the ditch east of the 36- inch culvert and on the ditch east of the twin 4-foot by 6-foot box culverts east of the freeway. Hydrology/Drainage Findings: The mitigation measures are reasonable and feasible, except for sharing in the funding and construction of ditch stabilization measures on the ditch east of the 36-inch culvert and on the ditch east of the twin 4-foot by 6-foot box culverts east of the freeway. The City finds that implementation of the remaining mitigation measures as conditions of project approval will avoid or reduce to acceptable levels the Hydrology/drainage impacts resulting from the construction of the project. These measures will become conditions of project approval and will be monitored during the grading and building permit process as well as during the construction phases of the project. The City finds that the recommended mitigation measures concerning ditch stabilization measures on privately-owned property agricultural property east of the freeway and outside the City Limits are not the responsibility of the applicants and are not feasible, since the applicant has no reasonable ability to enter upon private land to put improvements in place. 10. Biotic Environment: Development of the MBC building and associated improvements could cause the removal of a number of native trees on the property. While the project proposes to retain the large white oak trees, measures must be required to ensure their viability during and after construction activities. The MBC site does contain small tributaries which drain to identified wetlands. Development of the MBC building, as proposed, will not require any alterations to these tributaries. Biotic Mitigations: Recommended mitigation measures include the following: a. For any project involving filling, clearing, excavation, construction, or other site development work, adequate protection of oak trees that are to be retained on the site shall be provided. Prior to the issuance of a building permit, a tree protection plan shall be submitted to the City. All work shall be done under the daily supervision of an arborist. The tree protection plan shall include all measures to maintain tree health as deemed necessary by an arborist. Measures include, at b. Co a minimum, the following: fencing off the ddpline, minimizing fill, paving compacting, etc. of soil within the ddpline, no stodng of petrochemicals or construction equipment within the dripline, and no irrigation under oak trees. For every Oak tree over 12 inches in diameter that must be removed, the applicant shall be responsible for planting three (3) 15-gallon trees of the same species. These trees shall be planted under the supervision of an arborist who shall recommend a watering/fertilization regimen. The trees shall be planted prior to final inspection and the grant of occupancy. All viable oak trees over 12-inches in diameter shall be preserved. d. New landscaping shall focus on native trees and plants. e. No filling of the pond/riparian area shall be permitted. Pdor to filling any potential wetlands, the applicants shall secure any required permits from the U.S. Army Corps of Engineers and/or any other federal or state agency with permit authority. g. For every 1-acre of wetlands filled, 2-acres shall be constructed. Biotic Environment Findings: All the mitigations measures are reasonable and feasible, and the City finds their implementation as conditions of project approval will avoid or reduce to acceptable levels the Biotic Environment impacts resulting from the construction and operation of the project. These measures will become conditions of project approval and will be monitored during the grading and building permit process as well as during the construction phases of the project. 11. Air Quality: The impact of a proposed action is judged to be significant based upon a criteria for significance. The legal criteria used for determining whether or not the indirect emissions generated by automobiles attracted to the AlP at buildout are the State and Federal Ambient air quality standards. The air quality specialist who prepared an impact assessment for the EIR concluded that State and Federal air quality standards would not be exceeded as a result of construction or operation of the project. Air Quality Mitigations: Although no significant air quality impacts would result from buildout of the AlP, a number of mitigation measures are recommended to avoid temporary dust and particulate impacts during grading, and to decrease vehicle emissions associated with the project. These measures include the following: a. All exposed or disturbed soil shall be regularly watered to avoid the transportation of dust. b. Every attempt shall be made to keep all construction areas swept and clear of mud and debris. C. Pdor to final inspection and the grant of occupancy, the applicants shall develop and implement ventilation standards, if required by the Mendocino County Air Quality Management District, for the malting, cooking, and drying portions of the facility so as to dilute odors so that they are not objectionable beyond the boundaries of the site. d. Bicycle parking facilities shall be installed at the project site prior to final inspection and the grant of occupancy. e. The applicants shall participate in a Transportation Management Association when it is formed. Air Quality Findings: For the reason stated above, as well as the technical information contained in the EIR, 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 will contribute to the cumulative formative of ozone and shod-term particulate matter in the Ukiah Valley. While the City Council finds further that this cumulative contribution or both ozone and particulate matter is speculative and cannot feasibly be quantified with any degree of accuracy, measures should be taken to limit and reduce the amount of these air pollutants resulting from the projects. Therefore, the City Council finds that the recommended mitigation measures designed to avoid or lessen dust and particulate matter, as well as vehicle emissions are reasonable and feasible. These measures will become conditions of project approval and will be monitored during the grading and building permit process as well as during the construction phases of the project. 12. Visual Quality: Development of the MBC project will replace open space views near the southern entrance of Ukiah with views of a "California Mission" style industrial building. The site is not a scenic backdrop, designated open space, nor an especially valuable scenic resource. Indeed, the immediate visual context wherein the brewery will be placed is an open field and lumber storage yard. As such, the change in views is not deemed significant. However, a number of mitigation measures are recommended to soften the change from vacant land to a developed parcel. Visual Quality Mitigations: Recommended mitigation measures include the following: a. All riparian areas on the site shall be retained and/or enhanced. b. Pdor to the issuance of a building permit, a landscaping plan for the project shall be submitted, that will include, but not be limited to plantings along the west side of the site to screen views from the Norgard Lane neighborhood and South State Street. Prior to the issuance of a building permit, a lighting plan shall be submitted to the City Planning Department for review and approval to ensure no conflicts with the City Airport. d. Exterior lighting associated with the project shall include shielded, non-glare types of lights. Sign lighting shall be kept to an absolute minimum. Visual Quality Findings: Impacts to viewsheds and visual quality are highly subjective and difficult to quantify. While no health risks are involved, significant adverse impacts to visual quality can erode the local quality of life. The City Council finds that the Mendocino Brewing Company project could have impacts on the visual quality of the project site. The City Council finds further that the suggested mitigation measures contained in the EIR are reasonable and feasible, and will adequately soften potential visual impacts to an acceptable level. The adopted mitigation measures will become conditions of project approval and will be monitored during the building permit process as well as during the construction phases of the project. 13. Noise: A noise analysis was conducted to assess specific impacts on the residential neighborhood to the south. The MBC project in and of itself will not produce significant amounts of noise that will impact surrounding land uses. Noise Mitigations: Even though the project would not produce significantly adverse amounts of noise, the following mitigation measures are recommended to limit or reduce shod-term noise impacts: ao Construction activities shall be limited to 7:00 am to 5:00 pm on weekdays and 8:00 am to 5:00 pm on Saturdays. b. Construction equipment shall be properly muffled and maintained. Noise Findings: The City finds that all the mitigation measures are reasonable and feasible, and that their implementation will avoid or reduce noise impacts to an acceptable levels. The adopted mitigation measures will become conditions of project approval and will be monitored during the building permit process as well as during the construction phases of the project. 14. Public Services: Development of the MBC project will not in and of itself have significant adverse impacts on public services. Water is available to serve the project, and there is sewer capacity to handle the initial 40,000 to 55,000 gallons of wastewater per day. The MBC plans to incorporate major water recycling programs, including the broad application of landscaping irrigation with treated wastewater. While the EIR indicates that project could potentially have an impact on City police and fire services, it concludes that the City must determine if this potential impact would be significant. With the payment of adopted developer mitigation fees to the Ukiah Unified School District, it will not impact local school facilities. Public Service Mitigations: Even though the project will not have significant adverse impacts on public services, the following mitigation measures are intended to avoid or eliminate impacts of the proposal: ao All development shall be constructed according to the requirements of the City Fire Department, including, but not limited to the design and installation of a fire sprinkler system. b. Co d. e. go The detailed construction plans submitted for a building permit shall include water conservation devices on toilets, urinals, and faucets. The Mendocino Brewing Company shall pay the required sewer/water connection fees at the time of application for service. Sewage collectors for the project shall be sized and constructed according to the requirements of the Ukiah Valley Sanitation District. All discharged wastewater other than typical domestic wastewater shall meet the pretreatment requirements set forth by the Ukiah Valley Sanitation District. The design of any on-site wastewater storage facility, such as a lagoon/pond, shall meet all Regional Water Quality Control Board requirements for either irrigation and/or discharge to the Russian River. Prior to the issuance of a building permit, the Mendocino Brewing Company shall pay the required Ukiah School District fees applicable to industrial development. Prior to final inspection and the grant of occupancy, the Mendocino Brewing Company shall prepare and submit a recycling plan/statement to the City Planning Department for review and approval. Scrap metal produced during construction shall be recycled. Public Service Findings: The City finds that all the mitigation measures are reasonable and feasible. The City Council finds further that a development impact fee program for police and fire services is not necessary because the anticipated sales and property tax generated from new development within the AlP will substantially assist in the long-term funding of new equipment and personnel. The City Council finds further that the remaining mitigation measures imposed as conditions of project approvals, will avoid or reduce to acceptable levels impacts on City Police and Fire Services. The adopted mitigation measures will become conditions of project approval and will be monitored dudng the building permit process as well as during the construction phases of the project. 15. Land Use: The site consists of an open field used marginally as pasture land for horses. According to the Final EIR, the underlying soils on the property are characteristic of those used for agricultural purposes. The City has in the past determined that industrial use of the site was more valuable than potential agricultural uses. The project is consistent with the General Plan land use designation for the site, as amplified by the AlP PD Ordinance, and this designation was applied to be consistent with other Plan goals and policies. The site is due east of the southern end of the Ukiah Municipal Airport. The draft Airport Master Plan places the site within the Extended Approach/Departure Zone. Development in this "zone" is normally restricted to Iow intensity office structures, Iow intensity retail uses, single family homes on existing lots, Iow intensity manufacturing, and food processing. Generally, the population density for uses should be limited to a maximum of 60 people per acre. The proposed industrial manufacturing project is consistent with all these guidelines, including population density. The MBC project is proposed on 8 acres, and would normally have 40 employees on the site. Land Use Mitigations: No mitigations required. Land Use Findings: Based on the analysis and information contained in the EIR, the City Council finds that the projects will not have significant adverse impacts on land use. 16. Traffic and Circulation: The MBC industrial building will generate a total of 400 daily two-way tdps with about 11 inbound and 41 outbound vehicle trips during the PM peak traffic hour. The majority of traffic will involve trucks rather than automobiles. The traffic would initially enter and exit the site using Airport Road. After Airport Park Boulevard is extended to the site in the future, some of the traffic would be expected to utilize this road as primary ingress to and egress from the site. Because of the limited number of daily and PM peak hour trips, it is not anticipated that the project will cause the LOS of any intersection to deteriorate to unacceptable levels. However, the project will contribute to the cumulative degradation of the levels of service of nearby intersections. While the project will not directly cause the LOS of any intersection to drop to an unacceptable level, it will contribute to the following cumulative impacts: Operation of the signalized South State Street/Talmage Road intersection would deteriorate from LOS C/D to LOS D during the peak hour. . The signalized Talmage Road/Airport Park Boulevard intersection would deteriorate from LOS A to an Unacceptable LOS E during the PM peak hour. . Both the Talmage Road unsignalized intersections with State Route 101 off-ramps would have tuning movements operating unacceptably at LOS D. , The South State Street/Hastings Avenue-Washington Avenue signalized intersection operation would deteriorate from LOS B to an unacceptable LOS E. . The Airport Park Boulevard/Commerce Drive unsignalized intersection would have stop sign controlled tuning and through movements from Commerce Drive operating unacceptably at LOS F. The 400 daily two-way trips represents approximately 1.7 percent of the total daily vehicle tdps within the Airport Industrial Park. Accordingly, the applicants shall be responsible to contribute 1.7 percent of the costs associated with improvements to the key intersections and roadways impacted by their project. Traffic and Circulation Mitigations: While the project will not have a direct significant adverse impact upon traffic and circulation, it will contribute to the cumulative impacts associated with buildout of the AlP. Accordingly, the following mitigation measures is recommended: a. "Prior to issuance of any permit ("Building Permit") for any portion of the Project under the Uniform Building, Plumbing, Electrical or Mechanical Codes as adopted in the City, applicants shall enter a written agreement with the City that requires them to pay their proportionate share of the cost of constructing the road and intersection improvements required as mitigation measures in the EIR for the buildout of the Airport Industrial Park. The amount of the contribution shall be determined by a Resolution or Resolutions adopted by the City Council pursuant to Ukiah City Code section 9543 ("the resolutions"). Notwithstanding the provisions of said section, the Mendocino Brewing Company or its successors, shall pay the fee or fees imposed upon it pursuant to this condition not later than sixty (60) days following adoption of each said resolution, unless the resolution is adopted before a building permit is issued to the Mendocino Brewing Company for the construction of the project. In that event the Mendocino Brewing Company must pay the fee at the time the building permit is issued. In lieu of a cash payment to the fund for off-site capital improvements created by the resolutions, the Mendocino Brewing Company may agree to deposit the funds upon demand by the City and provide security for that agreement satisfactory to the City, including a letter of credit, certificate of deposit or bond." Traffic and Circulation Findings: The City finds that the mitigation measure is reasonable and feasible, and that when implemented as a condition of project approval will adequately avoid or reduce cumulative traffic impacts associated with the Mendocino Brewing Company project. 17. Project Alternatives: After thoroughly considering project alternatives, including the no-project alternative, and for the reasons stated in the staff report, dated August 4, 1995, The City Council finds that none of the alternatives are feasible or will have fewer or less severe adverse environmental impacts than the proposed project(s) site. Moreover, the City can more effectively mitigate the potential adverse impacts at the proposed site than any other locations. 18. The project is consistent with the goals and policies of the City General Plan, and conforms to all use and development standards established in the Airport Industrial Park Planned Development Ordinance. 19. The project proposes to cover approximately 20 percent of the property, where the EIR assumes approximately 30 percent coverage, which represents a less intense and impacting project than analyzed in the environmental document. 20. The project will not result in significant adverse impacts to the visual quality of the area because the structures have been sensitively designed by limiting the height of the majority of the building to 35 feet, breaking up the bulk and mass with architectural features, and by proposing an aggressive landscaping program. Additionally, the site has been designated and zoned for industrial development for many years, and the development of a large structure has been anticipated and expected. 21. The project will not produce traffic that will cause significant adverse impacts to the levels of service of existing intersections, because the approximate 3,362 daily two-way vehicle trips would not drop the LOS below acceptable levels (LOS C). 22. Adoption of recommended conditions 2, 3, and 4 will avoid or reduce to acceptable levels the geologic impacts of the project, because the soils on the site will be adequately prepared to support improvements; foundations and retaining walls will be engineered in accordance with soil conditions and structure type; earthquake construction standards will be met; and soil erosion and sedimentation will be properly minimized. 23. Adoption of recommended conditions 9 and 10 will avoid or reduce to acceptable levels the noise impacts of the project, because construction activities will be limited to normal and routine construction hours, and equipment will be properly muffled. 24. Adoption of recommended condition 11 will avoid or reduce to acceptable levels the potential impact on the operation of the City Fire Departments, because the building and site improvements will meet the requirements of the Fire Department, including a sprinkler system, fire hydrant placement, and building access and construction. 25. Adoption of recommended conditions 12, 13, and 14 will avoid or reduce the levels of potential impacts to the Ukiah Valley Sanitation District (UVSD), because water conservation devices will be required, all hook-up fees will be collected, and all improvements will be designed and constructed according to UVSD requirements. 26. Adoption of recommended condition 15 will avoid or reduce the level of potential impact on local schools, because the Ukiah Municipal School District will receive adopted and required development impact fees. 27. Adoption of recommended condition No. 37 will assist in the long-term mitigation of cumulative traffic impacts, and will off-set the impact resulting from the contribution of traffic generated by the Mendocino Brewing Company project. 28. All the recommended conditions are feasible and required. The City finds that the conditions will reduce potential impacts to less-then-significant levels. 29. The establishment, maintenance, or operation of the proposed addition will not be detrimental to the health, safety, comfort or general welfare of persons residing or working within the neighborhood, or be detrimental to property or improvements around the site, or be harmful to the general welfare of the City, because it has been sensitively designed, will not produce hazardous or toxic substances, and all potential impacts have been mitigated with conditions of approval. CONDITIONS OF APPROVAL: The following conditions of project approval shall be made a permanent part of the project, shall remain in full force regardless of property ownership, and shall be implemented in order for the Use Permit to remain valid. (The term "mitigation" is placed at the end of those conditions which reflect mitigation measures contained in the EIR). Geolo~ylSoils Dudng grading and site preparation activities, the Mendocino Brewing Company shall comply with the specific grading and construction requirements designed to avoid building and improvement failures listed on pages 13 through 19 of the appended Geotechnical Report contained in the EIR. (MITIGATION) , Prior to the commencement of construction activities, the Mendocino Brewing Company shall submit a detailed geotechnical report of the site. (MITIGATION) . All proposed structures/facilities shall comply with current seismic design standards contained in the Uniform Building Code. (MITIGATION) Hydrolo_qv and Drainaqe . The plans submitted for a building permit shall indicate a finished floor elevation 1 foot above 100-year flood elevation (582.5). The plans shall also indicate the elevations for the roadway and other site improvements to be above the 10-year flood elevation (579.5). Confirmation of the survey and topographic information included on the plans shall be provided by a professional surveyor or registered professional engineer. (MITIGATION) . Prior to the construction of the building foundation, the elevation of the building pad shall be confirmed at 582.5 by a registered professional engineer. The confirmation shall be made in writing and submitted to the City Engineer. (MITIGATION) o Prior to the construction of streets and other site improvements, other than actual buildings, the elevations shall be confirmed at or above 579.5 MSL by a registered professional engineer. The confirmation shall be made in writing and submitted to the City Engineer. (MITIGATION) . Prior to the issuance of a building permit, the Mendocino Brewing Company shall submit a drainage plan showing how all improvements will be flood-proofed. (MITIGATION) o Pdor to the commencement of grading activities, the Mendocino Brewing Company shall submit a grading plan for the project. The grading plan shall include comprehensive erosion control measures. (MITIGATION) . Prior to the commencement of grading activities, the Mendocino Brewing Company shall prepare a Storm Water Pollution Prevention Plan and obtain a General Construction Activity Permit from the Regional Water Quality Control Board, if necessary. (MITIGATION) Wildlife and Vegetation 10. For any project involving filling, clearing, excavation, construction, or other site development work, adequate protection of oak trees that are to be retained on the site shall be provided. Prior to the issuance of a building permit, a tree protection plan shall be submitted to the City. All work shall be done under the daily supervision of an arborist. The tree protection plan shall include all measures to maintain tree health as deemed necessary by an arborist. Measures include, at a minimum, the following: fencing off the dripline, minimizing fill, paving compacting, etc. of soil within the ddpline, no stodng of petrochemicals or construction equipment within the dripline, and no irrigation under oak trees. (MITIGATION) 11. For every Oak tree over 12 inches in diameter that must be removed, the applicant shall be responsible for planting three (3) 15-gallon trees of the same species. These trees shall be planted under the supervision of an arborist who shall recommend a watering/fertilization regimen. The trees shall be planted prior to final inspection and the grant of occupancy. (MITIGATION) 12. All viable oak trees over 12-inches in diameter shall be preserved. (MITIGATION) 13. New landscaping shall focus on native trees and plants. (MITIGATION) 14. No filling of the pond/riparian area shall be permitted. (MITIGATION) 15. Pdor to filling any potential wetlands, the applicants shall secure any required permits from the U.S. Army Corps of Engineers and/or any other federal or state agency with permit authority. (MITIGATION) 16. For every 1-acre of wetlands filled, 2-acres shall be constructed. (MITIGATION) Air Quality 17. All exposed or disturbed soil shall be regularly watered to avoid the transportation of dust. 18. Every attempt shall be made to keep all construction areas swept and clear of mud and debris. 19. Prior to final inspection and the grant of occupancy, the Mendocino Brewing Company shall develop and implement ventilation standards, if required by the Mendocino County Air Quality Management District, for the malting, cooking, and drying portions of the facility so as to dilute odors so that they are not objectionable beyond the boundaries of the site. 20. Bicycle parking facilities shall be installed at the project site prior to final inspection and the grant of occupancy. 21. The Mendocino Brewing Company shall participate in a Transportation Management Association when it is formed. Visual Quality 22. All riparian areas on the site shall be retained and/or enhanced. (MITIGATION) 23. Pdor to the issuance of a building permit, a landscaping plan for the project shall be submitted, that will include, but not be limited to plantings along the west side of the site to screen views from the Norgard Lane neighborhood and South State Street. (MITIGATION) 24. Pdor to the issuance of a building permit, a lighting plan shall be submitted to the City Planning Department for review and approval to ensure no conflicts with the City Airport. (MITIGATION) 25. Exterior lighting associated with the project shall include shielded, non-glare types of lights. Sign lighting shall be kept to an absolute minimum. (MITIGATION) Noise 26. Construction activities shall be limited to 7:00 am to 5:00 pm on weekdays and 8:00 am to 5:00 pm on Saturdays. (MITIGATION) 27. Construction equipment shall be properly muffled and maintained. (MITIGATION) Fire Protection 28. All development shall be constructed according to the requirements of the City Fire Department, including, but not limited to the design and installation of a fire sprinkler system. (MITIGATION) Sewaqe/Wastewater Disposal 29. The detailed construction plans submitted for a building permit shall include water conservation devices on toilets, urinals, and faucets. (MITIGATION) 30. The Mendocino Brewing Company shall pay the required sewer/water connection fees at the time of application for service. (MITIGATION) 31. Sewage collectors for the project shall be sized and constructed according to the requirements of the Ukiah Valley Sanitation District. (MITIGATION) 32. All discharged wastewater other than typical domestic wastewater shall meet the pretreatment requirements set forth by the Ukiah Valley Sanitation District. (MITIGATION) 33. The design of any on-site wastewater storage facility, such as a lagoon/pond, shall meet all Regional Water Quality Control Board requirements for either irrigation and/or discharge to the Russian River. (MITIGATION) Schools 34. Pdor to the issuance of a building permit, the Mendocino Brewing Company shall pay the required Ukiah School District fees applicable to industrial development. (MITIGATION) Solid Waste 35. Prior to final inspection and the grant of occupancy, the Mendocino Brewing Company shall prepare and submit a recycling plan/statement to the City Planning 36. Department for review and approval. (MITIGATION) Scrap metal produced during construction shall be recycled. (MITIGATION) Traffic 37. Pdor to issuance of any permit ("Building Permit") for any portion of the Project under the Uniform Building, Plumbing, Electrical or Mechanical Codes as adopted in the City, applicants shall enter a written agreement with the City that requires them to pay their proportionate share of the cost of constructing the road and intersection improvements required as mitigation measures in the EIR for the buildout of the Airport Industrial Park. The amount of the contribution shall be determined by a Resolution or Resolutions adopted by the City Council pursuant to Ukiah City Code section 9543 ("the resolutions"). Notwithstanding the provisions of said section, the Mendocino Brewing Company or its Successors, shall pay the fee or fees imposed upon it pursuant to this condition not later than sixty (60) days following adoption of each said resolution, unless the resolution is adopted before a building permit is issued to the Mendocino Brewing Company for the construction of the project. In that event the Mendo¢ino Brewing Company must pay the fee at the time the building permit is issued. In lieu of a cash payment to the fund for off-site capital improvements created by the resolutions, the Mendocino Brewing Company may agree to deposit the funds upon demand by the City and provide security for that agreement satisfactory to the City, including a letter of credit, certificate of deposit or bond. (MITIGATION) Standard Conditions 38. Standard Conditions 1-24 PASSED AND ADOPTED this 16th day of August, 1995 by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker and Mayor Schneiter NOES: None ABSENT: None ATTF~T: .~ C~-t-hy'l~c~ay, CitY C~rK