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HomeMy WebLinkAbout96-13RESOLUTION NO. 96-13 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 FRIEDMAN BROTHERS HARDWARE, INC., USE PERMIT NO. 95-22 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 2. Friedman Brothers Hardware, Inc. has applied for a Use Permit to allow the construction and operation of an 80,000 square foot bulk retail hardware store and a four acre self- service drive-through supply yard on 10.5 acres located in the Airport Industrial Park. 3. The EIR has identified significant environmental impacts associated with developing the Airport Industrial Park; and 4. The City Council has discussed the EIR, its conclusions and findings, and the recommended mitigation measures; and 5. The City Council has certified the EIR; and 6. The City Council may choose to approve the Friedman Brothers Hardware Inc., Use Permit project; and 7. Public Resources Code Section 21081 and CEQA Guidelines Section 15091 provide that the City shall not approve or carry 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 Staff Report, dated August 4, 1995. This description is incorporated herein by reference. As a result of this project, Friedman Brothers Hardware, Inc. will be entitled to construct an 80,000 square foot bulk retail hardware store and a four acre self- service drive-through supply yard on 10.5 acres located on lots D3, D4, D5, E2, E3, E4, and portions of lots D6 and E1 of the Redwood Business Park Tentative Subdivision Map. 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 Friedman Brothers Hardware, Inc. project identified in the EIR as mitigations applicable to future development projects, are set forth in the Conditions of Approval for the Friedman Brothers hardware Inc., Use Permit Application No. 95-22. 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 all future development projects within the Airport Industrial park, such as the Fdedman brothers hardware Inc. proposal, 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 during the grading and building permit process as well as during the construction phases of the project. 8. Hydrology and Drainage. Development of the Friedman Brothers building and other site improvements will increase runoff from the site. However, the existing culveds draining the site can handle the increased flows. No significant impacts identified. 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. 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 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. 9. Biotic Environment: The Friedman Brothers building site has been extensively disturbed and filled in the past. No rare or endangered plant or animal species have been observed on the site, and past hay harvesting and grading of the site has degraded its value as wildlife habitat. No significant impacts identified. Biotic Mitigations: No mitigation measures recommended. Biotic Environment Findings: Based on the analysis and information contained in the EIR, the City Council finds that the Friedman Brothers Hardware Inc., project will not have significant adverse impacts on the Biotic Environment of the project site. 10. 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 Friedman Brothers project are the State and Federal Ambient air quality standards. The future Friedman Brothers facility will attract automobiles that will generate small amounts of air pollutants. There is no evidence that generation of these pollutants will result in regional air quality exceeding State or Federal air quality standards. Because the project will not result in State or Federal air quality standards being exceeded and because the Mendocino County Air Quality Management District does not have any formally adopted thresholds of significance for projects that generate indirect emissions, there is no basis to conclude that the project will result in significant adverse impacts to local air quality. Air Quality Mitigations: Although no significant air quality impacts would result from the project, 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. Bicycle parking facilities shall be installed at the project site prior to final inspection and the grant of occupancy. d. 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. 11. Visual Quality: Development of the 80,000 square foot Friedman Brothers retail hardware facility will replace views of an open field with a large structure. The building will be one- story and will have similar architectural features as the near-by Wal-Mart store to the north. The proposed structure would partially obstruct views from Highway 101 to the hills west of the City. It would contribute to a cumulative obstruction of this limited viewshed. However, the site is not a scenic backdrop, designated open space, nor an especially valuable scenic resource. Additionally, the City contract architect has had extensive interactions with the project architect, and the resulting building has been purposefully limited in total height, bulk, and mass in an attempt to reduce impacts to visual resources. A number of mitigation measures have been recommended to further soften potential visual impacts. Visual Quality Mitigations: Recommended mitigation measures include the following: a. 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 east side of the site to soften the height, bulk and mass of the structure as viewed from Highway 101. bo 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. C. 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 Friedman Brothers Hardware Inc., 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. 12. Noise: Project traffic will increase noise levels in the surrounding area less than one decibel. This amount is considered imperceptible and is not a significant impact. Noise Mitigations: Even though the project would not produce significantly adverse amounts of noise, the following mitigation measures are recommended to limit or reduce short-term noise impacts: a, 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. 13. Public Services: Development of the Friedman Brothers project will not have significant adverse impacts on public services. Water is available to serve the project, and there is sewer capacity to handle the minor amount of wastewater the project would generate. 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: a. 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. The detailed construction plans submitted for a building permit shall include water conservation devices on toilets, urinals, and faucets. C. The Friedman Brothers project shall pay the required sewer/water connection fees at the time of application for service. d. Sewage collectors for the project shall be sized and constructed according to the requirements of the Ukiah Valley Sanitation District. e. Prior to the issuance of a building permit, Friedman Brothers Hardware, Inc., shall pay the required Ukiah School District fees applicable to industrial development. 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. Public Service Findings: The City finds that all the mitigation measures are reasonable and feasible, and will adequately avoid or reduce impacts on public services to 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. 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. 14. Land Use: The development of the Friedman Brothers hardware retail facility is consistent with the City General Plan which designates the park for industrial uses with the caveat that commercial uses may be mixed with industrial if accomplished by means of a Planned Development Ordinance. Hence, the EIR does not identify any significant adverse land use impacts. Additionally, the EIR concludes that there will not be a conflict with the Municipal Airport to the west of the site, and that the mitigation measures contained in other impact categories will successfully off-set potential conflicts and impacts to land use. 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 project will not have significant adverse impacts on land use. 15. Traffic and Circulation: The EIR assumes up to 400,000 square feet of development on the +39 undeveloped acres east of Airport Park Boulevard (10,260 square feet per acre). The Friedman Brothers project proposes 80,000 square feet on 10.50 acres (7,600 square feet per acre). The EIR also assumes a total of 16,810 two-way vehicle trips per day for the 400,000 square feet of development. Based on the Institute of Transportation Engineers 1991 Trip Generation manual, The Friedman Brothers project will generate 3,362 two-way vehicle trips, where the EIR assumes 5,600 trips (1/3 of the total) for a project absorbing 1/3 of the total land area. Staff is able to conclude that the proposed project is less intense and would generate less traffic than assumed in the EIR. While the project would not itself generate enough traffic to drop the levels of service of nearby intersections to unacceptable levels, it would contribute to the cumulative degradation of the levels of service of the following intersections:. a. Operation of the signalized South State Street/Talmage Road intersection would deteriorate from LOS C/D to LOS D during the peak hour. b. The signalized Talmage Road/Airport Park Boulevard intersection would deteriorate from LOS A to an Unacceptable LOS E during the PM peak hour. C. Both the Talmage Road unsignalized intersections with State Route 101 off-ramps would have tuning movements operating unacceptably at LOS D. do The South State Street/Hastings Avenue-Washington Avenue signalized intersection operation would deteriorate from LOS B to an unacceptable LOS E. 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. 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, Friedman Brothers, 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 Friedman Brothers for the construction of the project. In that event Friedman Brothers 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, Friedman Brothers may agree to deposit the funds upon demand by the City and provide secudty 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 Friedman Brothers project. 16. Project Alternatives: The EIR discusses alternatives to the buildout of the Airport Industrial Park with the assumed mix and intensity of land uses, but does not specifically discuss alternatives to the Friedman Brothers project because it was not proposed at the time of EIR preparation. However, should the existing Friedman Brothers proposal be unsatisfactory to the decision-makers, due to policy or community compatibility issues rather than environmental impacts, the Commission could craft specific findings and recommend denial of the project to the City Council. Another alternative to consider is a decreased building intensity or size. This alternative would reduce a number of potential impacts significantly. However, this alternative is infeasible because the Friedman Brothers business is designed for bulk retail sale of hardware and construction supplies, and a smaller facility would not accommodate the amount of supplies necessary to achieve the goals of the business. 17. 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. 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. An EIR has been prepared for the buildout of the Airport Industrial Park (ALP), and the potential significant environmental impacts associated with the development of the lots within the AlP have been identified, and mitigation measures are recommended to eliminate or reduce those impacts to insignificant levels. 20. The project proposes to cover approximately 20 percent of the property, where the EIR assumes approximately 25 percent coverage, which represents a less intense and impacting project than analyzed in the environmental document. 21. 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 24 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/commercial development for many years, and the development of a large structure has been anticipated and expected. 22. 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). 23. 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. 24. 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. 25. 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. 26. 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. 27. 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 required development impact fees. 28. Adoption of recommended condition No. 16 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 Friedman Brothers project. 29. All recommended conditions are feasible and required. The City finds that the conditions will reduce potential impacts to less-then-significant levels. 30. The establishment, maintenance, or operation of the proposed 80,000 square foot bulk retail hardware store 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 is situated on a 10.5 acre property that has been previously prepared for development, it will not involve hazardous or toxic substances, all potential environmental impacts can be successfully mitigated through conditions of approval, and it would be compatible with surrounding commercial retail, office and light industrial land uses. 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). Standard Conditions 1. Standard conditions 1-24. Geolo_clv/Soils , Prior to the commencement of site preparation and construction activities, the applicants shall submit a detailed geotechnical report of the site. The analysis shall be conducted by a registered engineering geologist or geological engineer. Field and laboratory data should be analyzed to provide the following geotechnical information: a. A description of the soil and geologic conditions observed, including faulting and landsliding. b. Site grading recommendations. c. Recommended foundation types and design criteria. d. Retaining wall design criteria, as necessary. e. Recommendations for slab-on-grade construction, as applicable. f. Geotechnical engineering drainage recommendations. The applicants shall construct the project per the recommendations contained in the geotechnical investigation. . All proposed Structures/facilities shall comply with current seismic design standards contained in the Uniform Building Code. (MITIGATION) . Pdor to the commencement of construction activities, the applicants shall submit a Storm Water Pollution Prevention Plan to the Regional Water Quality Control Board (RWQCB) and secure a General Construction Activity Permit, if necessary. (MITIGATION) Air Quality 5. All exposed or disturbed soil shall be regularly watered to avoid the transportation of Noise . . . , 10. dust. Every attempt shall be made to keep all construction areas swept and clear of mud and debris. Bicycle parking facilities shall be installed near the entrance to the building prior to final inspection and the grant of occupancy. The applicants shall participate in a Transportation Management Association when it is formed. 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) Construction equipment shall be properly muffled and maintained. (MITIGATION) Fire Protection 11. 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) Sewa~e/VVastewater Disposal 12. The detailed construction plans submitted for a building permit shall include water conservation devices on toilets, urinals, and faucets. (MITIGATION) 13. The applicants shall pay the required sewer/water connection fees at the time of application for service. (MITIGATION) 14. Sewage collectors for the project shall be sized and constructed according to the requirements of the Ukiah Valley Sanitation District. (MITIGATION) Schools 15. Pdor to the issuance of a building permit, the applicants shall pay the required Ukiah School District fees applicable to industrial development. (MITIGATION) Traffic 16. 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, Friedman Brothers, 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 Friedman Brothers for the construction of the project. In that event Friedman Brothers 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, Friedman Brothers may agree to deposit the funds upon demand by the City and provide secudty for that agreement satisfactory to the City, including a letter of credit, certificate of deposit or bond." (MITIGATION) PASSED AND ADOPTED this 16th day of August, 1995 by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaekr and Mayor Schneiter NOES: None ABSENT: None Fred Schneiier, Mayor C t'hy'