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HomeMy WebLinkAbout96-22RESOLUTION NO. 96- 22 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 EXTENSION OF THE REDWOOD BUSINESS PARK TENTATIVE SUBDIVISION MAP WHEREAS: 1. The City of Ukiah, as Lead Agency, has prepared a Subsequent Environmental Impact Report ("EIR"), consisting of a Draft Subsequent Environmental Impact Report, dated March, 1995 ("DEIR"), and a Final Subsequent Environmental Impact Report, dated July, 1995 ("FEIR"), for the proposed extension of the Redwood Business Park Tentative Subdivision Map; and 2. The EIR has identified significant environmental impacts of the projects; and 3. The City Council certified the EIR on August 16, 1995; and 4. The City Council has chosen to approve the request for an extension of the Redwood Business park Tentative Subdivision Map; and 5. 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 headngs 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. , reference. The project is described in the EIR. This description is incorporated herein by 5. The EIR evaluated the impacts of the project, as well as its impact in combination with impacts from past, present, and probable future projects, including impacts from the eventual buildout and completion of the Redwood Business Park. 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 significant effects of future development projects within the Redwood Business Park will be imposed on projects as buildout occurs and the significance thresholds identified in the EIR are reached. In this way, full mitigation will be achieved as development occurs and is phased over time within the RBP. 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 ultimately the aquatic habitats of the Russian River. Geology Mitigations: The EIR recommends that all future individual projects be required to have complete geotechnical investigations, and that future developers secure General Construction Activity Permits from the Regional Water Quality Control Board. Geology Finding: Mitigation measures are reasonable, feasible, and effective. The City finds that implementation of these mitigation measures will avoid or reduce to acceptable levels the geological impacts resulting from the buildout of the Redwood Business Park (RBP). These measures will become conditions of project approval and will be monitored by the City Engineering and Planning Department staff during the grading and building permit process as well as during the construction phases of all projects within the RBP. 8. Hydrology and Drainage. Buildout of the RBP will increase the amount of impervious surfaces on the site and, thus, increase the amount of runoff during the 10-year and 100-year storms. Increased flows from the site will have a minor impact on flooding east of the freeway, and could slightly increase the extent and duration of flooding on the orchard to the east. This orchard impact, however, would not be caused solely by the site runoff; rather, it would typically occur only in conjunction with some overbank flooding of the Russian River. 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 drainage ditches and storm drain infrastructure. Hydrology/Drainage Mitigations: Buildout of the RBP 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, if necessary; 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 City finds the mitigation measures reasonable, feasible, and effective, 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 the recommended mitigation measures conceming ditch stabilization measures on privately-owned 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. 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 buildout of the Redwood Business Park. These measures will become conditions of approval for all future development projects, and will be monitored by the City Engineering Department staff during the grading and building permit process as well as during the construction phases of the project. 9. Biotic Environment: Buildout of the RBP will eliminate open fields used for foraging by a number of birds, mammals, and reptiles. It will also basically remove all existing vegetation from the site. Given the fact that the property has been disked and used for agricultural purposes, and that considerable fill activities have occurred, the EIR concludes that no significant impacts will occur to biotic environments, except for the possible removal of Valley Oak trees. In terms of wetlands on the RBP, the property owner has entered into an agreement with the Department of Fish and Game regarding the disposition of the wetland and small population of Baker's Meadowfoam that existed on the site. The Department of Fish and Game has determined that this mitigation successfully off-sets the adverse impacts on vegetation and wildlife that were identified in the Wal-Mart EIR. Biotic Mitigations: Suggested mitigation measures include replacing any Oak trees that are removed as a result of construction. Biotic Environment Findings: The City finds that all mitigations measures are reasonable and feasible. The City finds further that implementation of the mitigation measures as conditions of project approval will avoid or reduce to acceptable levels the Biotic Environment impacts resulting from the buildout of the Redwood Business Park. These measures will become conditions of approval for all future development projects, and will be monitored by City Engineering and Planning Department staff dudng the grading and building permit process as well as dudng the construction phases of the projects. 10. Air Quality: The impact of a proposed action is judged to be significant based upon cdteria for significance. The legal criteria used for determining whether or not the indirect emissions generated by automobiles attracted to the RBP 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 buildout of the RBP. Air Quality Mitigations: Although no significant air quality impacts would result from buildout of the RBP a number of mitigation measures are recommended to avoid temporary dust and particulate impacts dudng 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. Co Bicycle parking facilities shall be installed at the project site pdor 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 future development projects will contribute to the cumulative formation of ozone and short-term particulate matter in the Ukiah Valley. While the City Council finds further that this cumulative contribution of 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. The City finds that measures will be effective in avoiding or reducing impacts to an acceptable level when they become conditions of project approval. They will be monitored by City Engineering and Planning Department staff during the grading and building permit process as well as dudng the construction phases of all future projects. 4 11. Visual Quality: The Redwood Business Park is situated in a highly visible location adjacent to State Highway 101. The RBP is also highly visible from Talmage Road, the residences along the westem hills of the City, and a few other locations in the southem portion of the City. Buildout of the RBP will completely change the views of the site. Existing views of vacant fields, Oak trees, a pear orchard, and a vineyard could be replaced by views of a collection of commercial, industrial and office buildings, streets, signs and parking lots. Night-time views will also be altered with new views of lights and lighted signs. The EIR concludes that the potential impacts to existing views and the visual quality of the area are subjective, and that the City must decide if they are significant. Visual Quality Mitigations: The EIR recommends extending the pond/riparian complex on the Airport Business Park into the Redwood Business Park to create a natural landscape corridor that will soften the visual effects of building out both the RBP and AlP. It also recommends requiring shielded, non-glare types of lighting, the creation of a landscape zone along the freeway, a design review/process for the RBP, restrictive sign standards, the retention of Oak trees, and the retention of existing landscaping. 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 buildout of the Redwood Business Park could have potentially significant adverse 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, except for extending the pond/riparian complex on the Airport Business Park into the Redwood Business Park, because there is no guaranteed long-term source of water to fill and nourish the extended pond. The adopted mitigation measures will become conditions of approval for future development projects, and will be monitored by City Planning Staff during the building permit process as well as during the construction phases of the projects. 12. Noise: RBP buildout traffic will increase noise levels on existing streets north of the site by one decibel or less. This amount is considered imperceptible and is not a significant impact. Short-term construction noise, while not considered significant, could be disruptive to the residential area north of the RBP. The construction of the required southern access road when the AlP reaches 50-percent buildout, will result in significant noise impacts to the Norgard Lane/Townsend Lane neighborhood. Even after mitigation, the EIR concludes that the impacts will remain significant. Noise Mitigations: The EIR recommends mitigation measures limiting construction times and requiring heavy construction equipment to be properly muffled and maintained. Additionally, it is recommended that the final route for the southem extension avoid altogether or as much of the Norgard Lane/Townsend Lane residential neighborhood as possible. To further reduce impacts to this neighborhood, it is recommended that the City initially preclude truck traffic, or insulate existing residential units to mitigate noise impacts. However, even with these mitigation measures, it is concluded that noise impacts will remain significant. It is possible that the City may choose to purchase and annex the residential properties in this neighborhood, and provide opportunity for redevelopment of the properties into airport related industrial uses. If this were to occur prior to the AlP reaching 50 percent buildout, the impact would become moot, because no residential properties would remain. Noise Findings: The City finds that all mitigation measures are reasonable and feasible. The City finds further that implementation of measures/conditions to restrict construction hours, requiring equipment to be muffled and maintained, and the design of a southem access route avoiding the residential neighborhoods along Townsend Land and Norgard Lane will avoid or reduce noise impacts to an acceptable levels. The adopted mitigation measures will become conditions of approval for future development projects, and will be monitored by City Engineering and Planning Department staff during the building permit process as well as during the construction phases of the project. 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 noise, traffic and safety impacts are overridden for the following reasons: STATEMENT OF OVERRIDING CONSIDERATIONS Traffic resulting from the extension of Airport Road to Townsend Lane and Norgard Lane will result in increased truck and automobile volumes, and noise. If mitigation measures prove ineffective or impractical, if a final route does not avoid Townsend Land and Norgard Lane altogether, or if the City does not annex, purchase and redevelop the area from residential to industrial uses in the future, the City would accept these impacts because of the long-term economic, social, and health and safety benefits to the City. The City finds that the significant noise and safety impacts resulting from the extension of Airport Road to Townsend Lane/Norgard Lane are overridden by the following social and economic benefits of the buildout of the Redwood Business Park: a. The long-term economic benefit to the City of Ukiah and the ability of the City to increase the job base and obtain a higher level of retail sales and property taxes outweighs the concerns regarding noise and neighborhood impacts. Buildout of the RBP will result in 863,500 square feet of industrial, office and commercial structures that will provide hundreds of moderate to high paying jobs to Ukiah citizens, representing a major expansion of the Ukiah economy. 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. b. The buildout of the RBP will substantially increase the assessed value of the project site, which will in turn increase the property tax revenue of the Ukiah Redevelopment Agency (RDA). This additional tax revenue to the RDA will assist in the implementation of the redevelopment plan, including the development of Iow and moderate income housing. c. Buildout of the RBP will generate substantial amounts of sales tax to the City. In addition, the City will receive substantial funds per year in additional fees for water, sewer and electrical services provided to the project and in business license fees. 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. d. The extension of Airport Road and construction of a southern road connection to South State Street will improve area-wide traffic circulation, reduce emergency vehicle response times, and provide an important additional evacuation route from the RBP/AIP area. It will also reduce traffic related impacts to other areas of the community, particularly those north of the site such as on Talmage Road and its key intersections. 13. Police and Fire Service: Both the Ukiah Police Department and Ukiah Fire Department believe that they can effectively serve the buildout of the RBP. However, the EIR concludes that while revenue will be generated as a result of sales and property taxes collected on new development within the Park that could help fund expanded service, the municipal revenues may not be enough to maintain current levels of service. Additionally, for emergency vehicle access and circulation, as well as site evacuation, the EIR recommends construction of the southem access road when the AlP reaches fifty percent buildout. Police and Fire Service Mitigations: Recommended mitigation measures include compliance with standard building and fire codes, construction of the southem access road at fifty percent buildout of the AlP, and consideration of a fire and emergency protection mitigation fee for all new development. Police and Fire Service Findings: The City finds that all mitigation measures are reasonable and feasible, except for establishing a fire and emergency protection mitigation fee for all new development. The City Council finds further that such a fee program is not necessary because the anticipated sales and property tax generated from new development within the RBP 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 approval for future development projects, and will be monitored by City Planning and Fire Department Staff during the building permit process as well as during the construction phases of the projects. 14. Sewage Treatment and Disposal: Buildout of the RBP is expected to generate approximately 36,000 gallons per day (gpd) of wastewater. The Ukiah Valley Sanitation District (UVSD) has indicated it has the capacity to serve buildout of the RBP. While the buildout of the RBP will not have a significant adverse impact on the capacity or operations of the UVSD facilities, the project's increment of the potentially significant cumulative impacts on the UVSD's collection, treatment, and disposal facilities should be minimized, Sewer Mitigations: To minimize potential cumulative impacts, the EIR recommends requiring all future development to install water conservation devices, that all sewage collectors for the RBP be designed according to adopted codes, and that all development pay appropriate connection fees at the time application is made. Sewer Treatment and Disposal Findings: The City finds that all mitigation measures when imposed as conditions of approval are reasonable and feasible, and will be effective in avoiding or reducing impacts to an acceptable level. The adopted mitigation measures will become conditions of approval for future development projects, and will be monitored by City Planning and Utility Department staff dudng the building permit process as well as during the construction phases of the projects. 15. Water: Based on the average industrial and commercial water demand, buildout of the RBP will require approximately 144,000 gallons per day of water. This equates to a peak summer demand of approximately 230,400 gallons per day. The City has the capacity to meet this increased demand which is the equivalent of about 2.3 percent of the current pumping capacity. According to the City Water and Sewer Operations Superintendent, in a memo dated July 12, 1995 in response to issues raised in the FEIR, the City has a secure water right well into the future, and has a very reliable water supply system. Water Mitigations: While the buildout of the RBP will not have significant impacts on the City's ability to provide water, a number of mitigation measures are recommended to minimize the amount of water used for the project. These measures include the installation of water conservation devices, and the use of drought tolerant landscaping species and Iow water demand irrigation devices. Water Service Findings: The City finds that all mitigation measures when imposed as conditions of approval are reasonable and feasible to avoid or reduce impacts to an acceptable level. The adopted mitigation measures will become conditions of approval for future development projects and will be monitored by City Planning and Utility Department staff dudng the building permit process as well as during the construction phases of the projects. 16. Schools: Buildout of the undeveloped portion of the RBP will generate new households and, consequently, new students. The precise number of students depends on the types of businesses that will ultimately occupy the site. Using the student generation factors maintained by the Ukiah Unified School District (UUSD), buildout of the RBP could generate as many as 431 new households in the District and an additional 302 students. Based on a 10-year phased buildout of the park, it is assumed that the student generation would total approximately 30 new students per year. While the current adopted developer mitigation fee of $.28 per square foot of building may not sufficiently offset the impact of this many new students on the capacity of the UUSD, the distdct has indicated that it only intends to collect this amount. School Mitigations: No mitigations required. School Findings: Based on the information contained in the Final EIR, the City finds that project will not have a significant adverse impact on the Ukiah Unified School District. 17. Land Use: The EIR indicates that the extension of Airport Road to Townsend Lane/Norgard Lane (southern access road) will substantially alter the neighborhood character along these streets. Statement of overriding considerations have been made regarding these impacts in Section 13 (Noise) above. Additionally, buildout will result in an increase in population, which in tum will result in generally more traffic, more demand for public services, and a generally "busier" atmosphere in the community. While development of the site would potentially conflict with goals and policies aimed at preserving agricultural land, the City has in the past determined that industrial use of the site was more valuable than potential agricultural uses. The projects are 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. Land Use Mitigations: No mitigations required. Land Use Findings: Based on the analysis and information contained in the EIR and this Resolution, the City Council finds that the projects will not have significant adverse impacts on land use or on the larger community population as a whole. 18. Traffic and Circulation: Based upon reasonable traffic assumptions and the proposed buildout projections and assumptions contained in the EIR, the registered professional traffic consultant determined that the total tdp generation for the Redwood Business Park (RBP) would be 22,490 two-way trips with 965 inbound and 1,220 outbound vehicle tdps dudng the PM peak traffic Hour (4:30 - 5:30 PM). This amount of traffic will result in a degradation of levels of service (LOS) at a number of nearby key intersections. Additionally, there would be a number of roadway impacts and corresponding safety concerns. Based upon the projected traffic volumes and an assumed vehicle distribution pattem, the FEIR lists the following impacts resulting from buildout of the RBP. , 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 tuming 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 tuming and through movements from Commerce Drive operating unacceptably at LOS F. The FEIR, on pp. 94-108, lists a number of roadway impacts and safety concerns, as well as cumulative traffic impacts. Traffic and Circulation Mitigations: Mitigation measures are recommended on pp. 88-108 in the FEIR to eliminate or reduce the impacts to levels of insignificance. These mitigation measures would be implemented when threshold levels are met or exceeded. It is anticipated that necessary intersection and roadway improvements will be accomplished as the AlP develops and traffic volumes meet the threshold limits. It should be noted that if the anticipated traffic volumes are not generated as a result of the phased buildout of the AlP, certain mitigation measures would not be warranted. Additionally, the City Engineer has disagreed with mitigation measure No. 9 on page 100 of the FEIR, and based upon his analysis, contained in the administrative record, the City does not support the conclusions leading to this mitigation measu re: , Mitigation No. 9 (in part) on page 100 of the FEIR: the construction of separate deceleration lanes on the approaches to all major driveways. Additionally, it should be noted that Table 5 contained on page 107 of the FEIR lists the percent of PM peak hour traffic at study intersections that is generated by the Redwood Business Park. This table will be used to determine percent responsibility requirements for the Redwood Business Park and the City of Ukiah. Traffic and Circulation Findings: Based on the independent third-party traffic study prepared by a registered professional traffic engineer, the City Council finds that all recommended mitigation measures, except as indicated above are reasonable and feasible. The City finds further that as the Redwood Business Park builds out, and impact thresholds are met, the recommended mitigation measures will be implemented, and traffic and circulation impacts will be avoided or reduced to acceptable levels. The adopted mitigation measures will become conditions of project approval as the RBP builds out, and will be monitored by City Engineering and Planning Department staff during the entitlement process as well as during the construction phases of future projects within the RBP. The City Council finds further that individual projects within the Redwood Business Park will contribute to the cumulative impacts to the levels of service of on and off-site intersections and roads. The City Council shall establish off-site capital improvement fees for the Redwood Business Park/Airport Industrial Park pursuant to Ukiah City Code Section 9543 that will require all future development in the park to contribute proportionately to the cost of implementing mitigation measures if impact thresholds requiring those mitigation measures are met. The City Council finds that this mitigation will reduce or avoid cumulative traffic impacts to acceptable levels. 10 19. Project Alternatives: After thoroughly considering project altematives, including the no-project altemative, and for the reasons stated in the staff report, dated July 28, 1995, The City Council finds that none of the altematives 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. PASSED AND ADOPTED this 18th day of October, 1995 by the following roll call vote: AYES: Mastin, Malone, Wattenburger, Shoemaker, and Mayor Schneiter NOES: None ABSENT: None ~'~thy Mc Fred Sch~ 11