HomeMy WebLinkAbout2016-62 CC Reso - Compliance with Writ of Mandate for Costco EIRRESOLUTION NO. 2016- 62
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH SETTING ASIDE CITY
COUNCIL RESOLUTIONS NO. 2013-34, 2013-35, AND 2014-47 FOR THE COSTCO
WHOLESALE PROJECT AND OTHERWISE COMPLYING WITH THE WRIT OF MANDATE
ISSUED IN UKIAH CITIZENS FOR SAFETY FIRST ET, AL V CITY OF UKIAH MENDOCINO
COUNTY SUPERIOR COURT CASE NO. SCUKCVPT 14-63579
WHEREAS, on January 31, 2011, Costco Wholesale submitted an application to the City of
Ukiah for an amendment to Ordinance No. 1098, the Airport Industrial Park Planned
Development Ordinance, establishing land use designations and allowed and permitted uses of
property in the Airport Industrial Park ("AIP") and for permits to construct and operate a Costco
Wholesale Store ("the Project") on Airport Park Boulevard in the AIP; and
WHEREAS, on December 18, 2013, by a 5-0 vote, the City Council adopted Resolution 2013-
34, certifying that the final Environmental Impact Report ("EIR") for the Project had been
completed in compliance with the California Environmental Quality Act ("CEQA"); and
WHEREAS, on December 18, 2013, by a 5-0 vote, the City Council adopted Resolution 2013-
35, adopting Findings of Fact and a Statement of Overriding Considerations; and
WHEREAS, on January 15, 2014, by a 5-0 vote, the City Council adopted Ordinance No. 1146
amending the Airport Industrial Park Planned Development Plan; and
WHEREAS, January 22, 2014, by a 4-1 vote, in reliance on the EIR certified by the City Council
on December 18, 2013, the Planning Commission approved the Site Development Permit for
the Costco Wholesale Project, including Findings and Conditions of Approval; and
WHEREAS, on or about February 11, 2014, a petition for writ of mandate and a complaint for
injunctive relief were filled in Mendocino County Superior Court seeking to set aside the City
Council's certification of the EIR, adoption of Ordinance No. 1146 and approval of the Project
Permits (Friends of Ukiah v. City of Ukiah et.aL Case No. A145581); and
WHEREAS, on March 5, 2014, on appeal from the Planning Commission decision approving
the Site Development Permit for the Costco Wholesale Project, the City Council approved the
Planning Commission decision, by a 4-1 vote with Councilmember Scalmanini dissenting,
subject to certain amendments to the conditions of approval; and
WHEREAS, on December 3, 2014, by a 5-0 vote, the City Council adopted Resolution 2014-47
adopting an addendum to the EIR; and
WHEREAS, on or about May 11, 2015, the Superior Court issued a judgment denying the
petition for writ of mandate; and
WHEREAS, on or about June 26, 2015, petitioner Ukiah Citizens for Safety First filed an appeal
of the Superior Court Judgment; and
WHEREAS, on or about June 21, 2016, the court of appeal issued a decision reversing the
superior court judgment and instructing that court to grant the petition for writ of mandate with
respect to the analysis of the project's energy impacts, but affirmed the superior court decision
0 in all other respects; and
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WHEREAS, the court of appeal issued its remittitur on August 25, 2016, returning jurisdiction to
the superior court; and
WHEREAS, on August 29, 2016, the superior court issued a minute order directing the City to
set aside its certification of the final EIR and approval of the Project and further ordered that the
City shall only be required to bring the energy section of the EIR into compliance with CEQA
before re -determining whether to approve the Project; and
WHEREAS, on October 3, 2016, the Superior Court issued a peremptory writ of mandate
demanding that the City of Ukiah: A) Set aside the City's certification of the EIR adopted by
Resolution No. 2013-34; B) Set aside the City's adoption of Findings of Fact and Statement of
Overriding Considerations, all adopted by Resolution 2013-15; C) Set aside the City's adoption
of Findings of Fact for the adoption of Addendum to the EIR, all adopted by Resolution 2014-47;
D) Set aside the City's approval of the Project, including Ordinance No. 1146 amending the
Airport Industrial Park Plan Development; E) File a return to the writ confirming that the above
described actions have been taken; and
WHEREAS, the City of Ukiah must file a return to the writ of mandate no later than December 3,
2016, showing that it has complied with the order of the Superior Court;
NOW, THEREFORE, BE IT RESOLVED that:
1. City Council Resolution No. 2013-34, certifying the EIR and adopting findings and a
mitigation monitoring and reporting program for the Costco Wholesale Project, is hereby set
aside in its entirety;
2. City Council Resolution No. 2013-34, adopting Findings of Fact and Statement of Overriding
Considerations for the Costco Wholesale Project, is hereby set aside in its entirety;
3. Planning Commission Motion made on January 22, 2014 issuing a Site Development Permit
for the Project, and the City Council decision on March 5, 2014, upholding the Planning
Commission decision subject to amendments to the conditions of approval are hereby set
aside;
4. City Council Resolution 2014-47, adopting an addendum to the EIR for the Costco
Wholesale Project, is hereby set aside in its entirety; and
5. The City Attorney's office is hereby directed to file a return to the writ of mandate no later
than December 3, 2016.
PASSED AND ADOPTED this 16th day of November, 2016 by the following roll call vote:
AYES: Councilmembers Crane, Mulheren, Doble, Brown, and Mayor Scalmanini
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
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Kristine Lawler, City Clerk
Stephen G. Scalmanini, Mayor
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